Evri cancelled delivery then sent it & returned damaged

A_Geordie

the_lunatic_is_in_my_head said:

Excluding above comment from OP regarding possible B2B, is it not possible to rely upon the implied terms of the CRA and instead of seeking a remedy in accordance with the CRA (which as you note would simply limit to price paid), seek general damages for the breach of those implied terms (which the examples in MSE link above appear to be)?  

You can argue breach of an implied term, but the CRA sets out the remedy for that breach. You are not prohibited from claiming other forms of compensation but yu would have to rely on the T&Cs as to what remedy you are entitled to, subject to the fairness rule or other consumer protections.

the_lunatic_is_in_my_head said:

Would OP have issues with holding Heathrow responsible as it's likely Evri have some kind of processing hub there and it would seem difficult in my view to say if the parcel ever actually came into Heathrow's actual possession, or is there simply no loss or risk in adding them as a defendant? 

If it stays within Evri's possession and control at all times then any claim against Heathrow is out of the question. The key question will be whether Heathrow holds onto it for any lengthy period of time such that it would be reasonable to consider them potentially liable for the missing items. 

Williebhoy1967

It was most certainly not a Business to Business transaction, no money ever changed hands. I was merely acting as an agent of the owner to try and see if there was a market for these items. However we could not agree on pricing. On trying to return, EVRI immediately cancelled the return, then later stated it exceeded their coverage. But still refused to return to me or allow me to collect in person instead decided to transport to London then back to me without tracking and taking SIX weeks !!!

eskbanker

Williebhoy1967 said:

It was most certainly not a Business to Business transaction, no money ever changed hands. I was merely acting as an agent of the owner to try and see if there was a market for these items. However we could not agree on pricing.

Acting as an agent sounds like B2B to me, regardless of whether or not money changed hands?

powerful_Rogue

Williebhoy1967 said:

It was most certainly not a Business to Business transaction, no money ever changed hands. I was merely acting as an agent of the owner to try and see if there was a market for these items. However we could not agree on pricing. On trying to return, EVRI immediately cancelled the return, then later stated it exceeded their coverage. But still refused to return to me or allow me to collect in person instead decided to transport to London then back to me without tracking and taking SIX weeks !!!

Certainly sounds like business to business to me. Certainly not the behaviour of a consumer.

sheramber

Williebhoy1967 said:

I sent a package to Hong Kong, valued at approx £ 5,000 - Put into Evri Locker of a Saturday they collected then by Monday marked it as CANCELLED - Saying I didn't pay TAX (!)  Item was clearly marked as a GIFT, actually a return consignment so no money changing hands. Furthermore I don't believe I should pay tax on export. Any items I have sold abroad,, the buyer pays or vice versa when I purchase from abroad I get charged.

I waited a couple of days, checked tracker still showed Cancelled, so I contacted Evri to say I would collect in person from local Depot next thing I know they have sent it to Heathrow !!!!

When I contacted to complain, I was told it would take SIX weeks to return and no longer be tracked ???????

Some weeks later it was dumped on my front doorstep in full view of passer-by. But no longer in the double strength cardboard box and securely wrapped in industrial tape I had sent it. Now in a plastic bag !!   When I opened it some items were missing valued at approx £ 500 but the main items were intact.

I have since contacted Evri, but apart from a refund of postage they have offered only excuses
1) Item not insured
2) Vale exceeds their limits (As they knew this from the outset, surely return)
3) NO explanation of why they forwarded to Heathrow when clearly marked as CANCELLED !
4) Accepting NO responsibility despite taking ownership from their own locker 

Surely I have some rights as they have blatantly failed to return or allow me to collect while still held locally, sent to London despite being "Cancelled" - Why accept if valued above their limits ?

What are my rights against Evri for compensation ?

They accept parcels over their limits at your own risk. 

This is stated on their website where they list what is accepted and what is excluded. 

Alderbank

Williebhoy1967 said:

It was most certainly not a Business to Business transaction, no money ever changed hands. I was merely acting as an agent of the owner to try and see if there was a market for these items. However we could not agree on pricing. On trying to return, EVRI immediately cancelled the return, then later stated it exceeded their coverage. But still refused to return to me or allow me to collect in person instead decided to transport to London then back to me without tracking and taking SIX weeks !!!

What do you do for a living? That's the criterion.

It's covered by the CRA if you were acting for purposes that were wholly or mainly outside your trade, business, craft or profession.