Legal Advice Potentially Required

Discussion in 'Lounge' started by Advikaz, Jan 19, 2023.

  1. Hello,

    Only me. I’m trying to preempt something here and wondered what your thoughts are.

    Last year (mid November) I sent off my leathers to be cleaned. The firm who cleaned them, carried out the work and then was due to send them on. They posted them early December. Weeks went by and nothing.. Keep looking on the tracking details and it states they are in the depot.

    Raised a ticket with the courier (fucking Evri surprise surprise) and they say that they are ‘looking in to it’. It’s now the 19th of Jan, I genuinely believe they’ve lost them… the last scan shown on tracking was 16th December

    what do I do here? I have no idea how the firm who cleaned them posted them, I sincerely hope he has insured them to a respectful amount as I did when I sent them to him, but worst case, who would be liable here? The firm who cleaned them have asked me to be patient, I know it’s not their fault they’ve been lost, but case is with them as they posted them so I can’t seemingly do anything as it stands. I can’t just keep waiting on!

    They’re comfortably over 1k new
     
  2. As far as the courier will be concerned their liability will be limited to the cost of postage and any basic insurance included in the cost of said postage, unless the sender has taken out the additional insurance to cover the value of the item.
    They may ask for proof of the value.
    I had an absolute 'mare with DHL (biggest c*nts on planet earth) when they lost and item of mine.
     

  3. I need to find out this. I have asked a few times.. not sure if intentional, but he hasn’t answered.

    The firm did charge me a suitable amount for postage though. So I have hope …
     
  4. The sender should defo have taken out suitable/appropriate cover, if they haven't and the item is lost, then that's when the argy bargy will start.
    Hermes, lost an item of mine a few years ago. TBF, it was sorted very quickly, as I had paid for the additional insurance.
     
    #4 Nelson, Jan 19, 2023
    Last edited: Jan 19, 2023
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  5. This is my understanding. It was in their care, that is to say, they chose the postage arrangement.

    I’m not sure long we drag this on before someone coughs up!
     
  6. Moving a few pages on from post insurance costs etc, etc, Perhaps the small claims court might be a way forward, study the small print out first before you jump.

    Ps, in the meantime checkout ebay for your leathers.;)
     
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  7. A lot of grief on the telebox last week or so regarding Evri and lost shipments, mainly undelivered Xmas presents ordered and shipped in Oct/Nov last year and not delivered in mid Jan.

    Realise this will mainly be new items shipped from on line suppliers, but the 'consumer experts' all state your contract is with the supplier, not the shipper, so contacting the supplier, for them to sort it out with the shipper is the first port of call.

    Not sure if this applies to cleaned leathers, cant see why it wouldn't, but presumably the insurance for loss during shipping would be built into the return shipping cost, unless there was an option for you to decline shipping insurance for lower cost - and higher risk.

    I'd start chasing the cleaning company you used, in writing, on an increasingly frequent basis.
     
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  8. @Zhed46 could make a fortune on this site charging members to send letters as their legal representative.
     
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  9. It’s quite fitting that Hermes changed their name to Evri considering they lose Evri-thing. I’ve had loads of problems with them, my theory is that if its valuable the staff nick it.
     
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  10. Always use plain wrapping, even if it's not a sex aid.
     
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  11. Yeah, so the cleaning firm charged me a reasonable sum for shipping.

    I think there is an expectation they would use a reasonable coverage of your goods
     
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  12. Depends on if the charge was for shipping insurance or the increased costs of shipping hazardous goods/biohazard materials.....
     
    #12 Mr Bimble, Jan 19, 2023
    Last edited: Jan 19, 2023
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  13. Its the cleaning companies responsibility, but you may want to checkout their terms and conditions incase they've got a get out clause for goods lost in transit on their return journey or any other get out clauses.
     
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  14. They don’t appear to have any t&c’s
     
  15. In that case you might be stuck arguing the toss with them to be honest. You won't be able to claim anything yourself from Evri as you wasn't the sender.

    I'd start off by talking to them and saying the goods are their responsibility until recevied back by you.
     
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  16. I have been in this situation many times, and from the sending end too. Your claim is with the company that returned them. Their responsibility is to get the item safely to you.

    THEIR claim is against the courier company.

    You only need to chase the guys that did the work. They need to do all and any chasing with the courier - they contracted the courier not you.

    Whether or not they insured it is their problem, they owe you either the cleaned leathers or their market value.
     
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  17. It’s been confirmed that they aren’t insured o_O

    I was charged £14 for delivery. Madness as I paid £17.45 to send them to him insured up to 2.5k
     
  18. Lot's a people and companies take this gamble to save a few quid.
    Sadly you now need to pursue the cleaners for replacement.
     
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  19. Is it only me that finds the whole Hermes/Evri situation bizarre? This is how I see it, but I haven't researched the company, so may misreading the situation.

    Hermes was always the cheap delivery company, and they ran their business model on paying staff less, having them use their own transport, very little customer support, etc. Not surprisingly this led to larger percentages of stuff going missing, not delivered etc compared with their competitors. Generally they became the carrier of last resort for customers, and presumably their business model was failing to deliver the required profits for the company.

    Some bright spark at Hermes then had a revelation. Our reputation with our customers is pants, so let's rebrand as Evri. We'll spend millions re-badging everything and advertising our new name. Let's not bother changing anything functional, that caused our company to be dreadful.

    Do they really think the public are that stupid? I avoid buying anything on line from a company that uses Evri as their courier if at all possible. My experience is they are evri bit as bad as Hermes ever was.
     
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  20. Problem you have is no T&C’s….
     
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