Advice please: I sent a returns parcel to the wrong company by mistake, Evri have lost it.

PHK

https://forums.moneysavingexpert.com/discussion/comment/82102770#Comment_82102770

I agree with you in that context.

PHK

@A_Geordie

I am afraid I still don't understand.

At the time of sending, the goods were owned by the OP having been purchased and delivered.

If Evri make a mistake then their responsibility is surely to the person who paid them (Company B)

How can Evri be responsible for a mistake by a third party? In other words, how would Company A have a claim against Evri when they don't own the goods and didn't pay for the goods to be carried by Evri.

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/82106256#Comment_82106256

But company B clearly doesn’t have any responsibility either. My guess is that evri is the bailee, and the op either sues them or doesn’t bother.

I don’t know if contributory negligence applies to a case like this, but that could reduce any award made by the court.

born_again

Question is did the OP pay for the correct level of protection in the event of parcel getting lost?

A_Geordie

@PHK

At the time of sending, the goods were owned by the OP having been purchased and delivered.

I think this is where we may disagree. By signifying the intention to return the goods back to Company A and obtain a refund, it is implicit that the OP relinquished ownership of the goods. In my opinion, Company A is now either the owner of the goods, or at the very least they have an immediate right to the goods.

The fact that the OP erroneously sent back the parcel using the wrong address shouldn't alter this position because the OP did not intend to send the parcel back to Company B.

If Evri make a mistake then their responsibility is surely to the person who paid them (Company B)

I don't think so, because Company B does not own or have any interest to the goods, they have been wrongly mixed up in all of this without their knowledge until the OP informed Company B. I would say however, that Company B would probably be entitled to seek a refund from the OP if they have paid any fees for the parcel and are unable to recover that fee from Evri.

How can Evri be responsible for a mistake by a third party? In other words, how would Company A have a claim against Evri when they don't own the goods and didn't pay for the goods to be carried by Evri.

I'd like to think I've explained this in my first point, but you have to remember that injured parties are not exclusively limited to remedies under contract law and unless they don't have a contract there is no remedy. There are also other remedies in an action for tort, which does not require a contract to be in place. I gave an explanation about this in another post earlier today that is equally applicable here in so far as it applies to Company A:

The retailer from a contract law perspective would be limited as to what they can claim/recover, which is why I also mentioned that there may be a concurrent claim that the retailer may have under tort law. There is often an overlap between the types of claims in contract and claims in tort so the retailer could look at an action in tort to recover loss/damage that they would not be able to claim under contract law due to the limitations and restrictions in the CRA.

The retailer could also have a parallel claim under the Torts (Interference with Goods) Act 1977 which covers wrongful interference with goods, negligence and conversion (where goods are lost or destroyed). A claim under TIGA provides a broader scope of rights/remedies than under the contract claim since it is a "per se" action that means you don't need to prove fault or loss or damage, rather the action itself is enough to confirm liability. The question will then be what loss or damage can be justified.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82106721#Comment_82106721

Did the OP advise company A that she wanted to return the items?

She only tells us she downloaded the wrong company’s label from Evri.

If she did not advise company A can they be responsible?

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/82106721#Comment_82106721

I don’t see how this can be right. Suppose the OP signalled his intention to return the goods but then absentmindedly threw them in the bin, which was collected by the council. Are you seriously suggesting that the trashed goods belong to the retailer? Using the evri returns portal incorrectly is just a less direct way of putting the goods into landfill. :)

Even if the goods did belong to the retailer, and the op was entitled to a refund under CRA, the retailer would have a counterclaim in tort for the loss of the goods.