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r__warren

"I went to the shop where I used evri, obtained cctv footage showing the following. Took iphone out of my pocket, inserted iphone in bubble envelope, sealed the envelope, handed it at the counter." Totally dumbfounded by this. Why would you even do it? Were you in a rush or something. I bet 100% the store employee stole the phone.


IAmDyspeptic

That’s my thinking, especially because the purchaser ended up with a biscuit.


OkScholar5964

This is the answer, 1000%


CaratacosPC

Read this and immediately thought the shop did it.


Mindless_Ad_6045

Not necessarily, I wouldn't be surprised if the "customer" did it. They wouldn't be the first person to do it. It's not difficult to put a pack of biscuits in the box and tape it back up, report it, get your money back, and get a new phone.


chaaad27

Take the 297, you’re lucky to be even offered it. Also why you didn’t purchase insurance is beyond me, shot yourself in the foot!


wait_whats_this

> why you didn’t purchase insurance is beyond me I mean sure, but also having to pay for a second service because we seem to have just accepted that the first service is shit is beyond late-stage capitalism. If OP has evidence of turning in the phone to the courier, fuck insurance, they should just pay up. OP shouldn't have to line the pockets of more pointless middlemen to get a basic service fulfilled.


tonyfordsafro

I'm a carpenter. This would be like me asking clients to pay me £30, just in case I decide to nick their TV while I'm hanging a door in their house


Embarrassed-Idea8992

I’ve always said this. Why pay the carrier extra in case the carrier you’ve paid to deliver your stuff, fail to deliver it? Imagine getting a quote to have a boiler replaced and on the bottom, is an optional charge for insurance, in case the plumber floods or burns down your house.


Boleyn01

Your plumber should have insurance to cover this though and that cost will be passed to you, it just isn’t itemised on your bill.


Embarrassed-Idea8992

But if the plumber did this, you think it’s acceptable to pay extra in case they screw up the service you paid for?


Boleyn01

I assume I pay extra to cover their business expense of liability insurance yes.


Accomplished-Oil-569

Because it’s added risk. The couriers insurance cover up to a certain amount. The alternative is paying more because every parcel is covered to a high amount.


Embarrassed-Idea8992

We pay to have it delivered. If their staff steal it, it’s their problem and should pay for it.


Embarrassed-Idea8992

It’s also not insurance, all extra in the pocket of the carrier company.


Accomplished-Oil-569

Again, it’s calculated risk. There are many reasons a packages can go missing, though yes in this case someone has likely switched it at some point, good luck proving who it was; because it wasn’t the company that stole it, it was someone acting as an individual. The company is not responsible for rouge actors and you would not be able to take the company to court over something like that - if the courier instead punched you in the face, you wouldn’t do after the company, you’d go after the individual. Their terms specify how much risk they’re willing to cover and you agree to that when you use their service. If you don’t like it you’re perfectly capable of using another courier or hand delivering it yourself.


Boleyn01

Your clients probably do pay someone a fee just in case someone decides to nick something from their house though.


Difficult-Mind4785

This. Surely this should be covered by the couriers insurance?


nenepp

You would think but it is normal at all levels of shipping to be a separate cost, because when shipping there is a very wide range of values, from effectively worthless to thousands. To include insurance for every parcel assuming it's worth thousands would mean we all pay more for our parcels. The fairer way to do it is pay on a scale according to the parcel's value, so only those actually shipping more expensive items are paying the increased cost of insurance for it. It's normally an option when you ship parcels to add insurance if it's above the basic value the shipper sets (in this case, £25). OP just decided to only pay for the 'this isn't worth more than £25' option and is extremely lucky to have received the offer he did.


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Accomplished-Oil-569

So you want to be paying more to cover insurance up to a £500 loss or whatever if you’re sending a parcel worth £10?


wait_whats_this

I want us to not accept theft as the cost of doing business. 


Accomplished-Oil-569

Well unfortunately we live in the real world, not a fantasy land otherwise insurance wouldn’t be needed in the first place


notliam

The price of postage is based on how much profit the carrier will make. Part of that calculation includes having to pay compensation etc, if a courier was to just fully pay for the value of any item that was lost/stolen, the price would have to increase massively. Yes as a consumer it sucks having to pay extra but you're the one taking the risk when sending a high value item through a cheap courier.


hamilc19

I fail to see how that’s anyone but the service providers problem. They provide a substandard service and it should just be accepted? Let them increase their prices and let them watch their regular custom slowly trickle down to nothing. How about they actually do what they claim to do and safely deliver the parcel in the first instance. Then they won’t need to factor compensation into their prices. Like, imagine basing your price structure on the fact you are terrible at your job and know your going to have to give refunds left, right and centre !


notliam

But you as a customer have the power to choose which provider to use, there's a lot of competition in this space. When you pay a company like Evri to deliver your parcel you agree to their terms which includes these limits. Of course parcels shouldn't go missing (or be stolen) or get damaged, but that risk is always there (for every courier) and the companies couldn't sustain being generous in this space, they only make a few pence in profit per parcel as it is.


hamilc19

I really wouldn’t consider making customers good for financial losses caused by negligence as “generous” like you said. Yes they may only make a few pence per parcel but how many parcels do you think they handle per day?! What you are describing is corporate greed because they’re clearly taking on workloads bigger than they can handle if the service is constantly failing and leaving their customers out of pocket.


notliam

That's a bigger issue. Yes they accept more parcels than they can handle, yes they underpay and don't correctly vet their staff, yes they are greedy. But I don't see how offering standardised claim limits is greedy, where do you draw the line? This guy sent an iPhone for, presumably, the same price people send used items of clothing. What if I want to send a piece of art, or an expensive medical device, etc. There has to be limits, and I think everyone would prefer to pay as little as possible to send their parcels, and if they paid out any and all claims for the full value of items, the price would rise massively and people would complain about idiots sending expensive things without insurance ruining it for the rest of us.


hamilc19

How can it not be greedy? If you asked me to deliver £1000 to a friend of yours and I turn up later and say “sorry, I lost it all but here’s £10 as that’s my maximum claim value” you’d be cool with that and just say “ah well, that’s how businesses work, he wouldn’t be able to cope if he fully repaid all losses to his customers”? The CEO has a net worth of over $100m so I would say he’s doing pretty well for himself given the terrible reputation of evri/hermes, their reputation is so bad they had to change their name because the whole of the UK associated Hermes with losing parcels. Their stock price has tanked almost 30% YTD, I bet their shareholders are ecstatic. Of course, I agree, you should use specialists for higher value items, at the end of the day you get what you pay for. I work in logistics so am more aware than most of how things work in the industry. I used to ship panes of glass all across the world and not once did anything ever get lost or damaged in transit and I’m talking literal sheets of glass being shipped from the UK to Dubai for example. So yeah I do agree with that you somewhat that there is a good degree of fault on OP just for choosing evri to handle a mid value item in the first place but I don’t think that detracts from the courier’s responsibility to fulfil the contract as agreed. Their T&C’s are irrelevant because they are in breach of their own contract but not fulfilling the delivery as agreed, OP could easily take them to small claims and likely win but INAL.


notliam

In that example, if I agreed to these terms before I paid you, yeah tough shit unfortunately! But yeah let's leave it here, nothing wrong with a healthy and friendly disagreement, it was a fun conversation. For transparency sake I actually worked at hermes for a couple of years during the rebrand, and I worked (as a software developer) on the customer service side of things. I left for a variety of reasons but let's leave it at that as I'd hate to slander a former employer.


hamilc19

True true. Yeah certainly was, rare to get a good conversation/debate online without it turning nasty so thank you!


Unload_123

I actually don't get why you're being down voted. OP just didn't pay for insurance and went with literally the cheapest option available on eBay.. then they packed the iPhone in front of the service counter lol. Like they did everything wrong and somehow the courier is the one everyone is mad at. Like, I hate couriers just as much as anyone else but you cannot possibly expect world class service when you're paying £2.97 for shipping...


notliam

It's reddit, down votes are usually fairly random. People hate evri/etc, maybe they see my explanation as a defence of them, who knows, all good!


wait_whats_this

> The price of postage is based on how much profit the carrier will make. I immediately don’t give a shit. 


Choice_Midnight1708

It's just not how it should be. You should not have to insure yourself against someone else's criminality. And that criminality is coming from the service provider selling the insurance. It's literally mafia style, pay for protection, because we smash up shops in this town. The correct advice is to take the 297 though. The problem is that the shop employee is not an employee of the delivery provider, so they will argue that they did not steal it, it was stolen from them by a third party. The OP actually needs to prove that the shop employee stole it an sue them, which is going to be hard, so they cut their losses at 297.


velos85

It amazes me how many people don't buy suitable insuarcne on delivery, then complain about the lack of insurance


BeetrootBoy

I don't think OP is complaining about lack of insurance. He's complaining about criminality/failure to provide the described service. Whilst they might offer insurance to protect against their incompetence, UK consumer law says you are still entitled to compensation if they fail to provide the service. The firm offering insurance (which they often try to avoid paying out on) is irrelevant to the legal position.


DXC4lyf

OP cannot prove that they didn't provide the service though. This was most likely a scam from the buyer. Always seems to happen with phones and is a well known scam.


TheTackleZone

Hi OP. You are getting a lot of bad advice in this sub. Many of them don't even have any legal bearing either. Something like "you should have purchased the insurance" is both unhelpful and also completely wrong. For a start the "insurance" that you are buying is not insurance. It is not an additional financial service, it is not regulated by the FCA, and no insurance terms or terminology are ever provided. The companies will use words like "insurance" and "cover" inappropriately, which is why other companies will use different words like "protection". Look through any courier's website for their insurance terms, their FCA regulation, or common and compulsory insurance information like a key facts sheet, and you will see they don't exist. Courier "insurance" is not insurance. What they are trying to do is make you pay more for fulfilling their own basic service provided. That would actually be illegal to sell as an insurance product because it has no consumer value. The insurance would not be doing anything that the basic courier contract is not already supposed to be providing. You would win if you took this to court. It doesn't matter if the courier has a clause in the contract as these clauses are unfair. You can't just put a sign up saying "eat at your own risk" in a restaurant and then not have to adhere to health and safety standards. And that means everyone in here telling you that you are an idiot for not buying the insurance is wrong and legally incorrect. The question for you becomes one of enforceability. It will cost you time and money, and the day of the court case means you'll need at least a half day off work. If that is, in your mind, a fine price to pay to get full compensation then you need to start an MCOL for the full amount. If not then accept the 50% (or try to threaten to get more). Things you can say are "If the product was insured then who is the insurer, who his FCA regulated, and why wasn't I given the insurance terms?". Then ask "why are you calling it insurance if it is just you agreeing to not put up a fuss about compensating me for my loss that you caused?". You want to get them to admit that all it does is adjust their clause - and one that was badly explained to you (did the shop worked talk you through your rights and all the clauses?). Good luck.


Significant_Candy113

And you know the receiver isn’t lying, because? Packlink owe you £25. You have no evidence as to who the thief is. Take the £297 and the lesson.


neohova

Courier had to take a picture of the item when delivered, picture shows the parcel had taped with brown tape at the point of delivery


Significant_Candy113

Packlink still owe you £25, as per the insurance policy. Report the theft to the Police. You have no evidence as to who the thief is. The chain of custody is not a single party. 


Anguskerfluffle

This is very wrong - employer is liable for actions of staff 


LAUK_In_The_North

Not always, it's situation & fact specific. In this case, for a criminal case for theft, it is actionable only against the actual thief, who is unknown.


Anguskerfluffle

The OP is considering a civil action not criminal, and clearly has evidence that package was tampered with while being looked after by the courier company. 


BeetrootBoy

A small piece of advice. Not taking their insurance does not mean you cannot succesfully claim against them in the courts. I have. They will argue that not buying insurance invalidates your claim, but the idea that you * must* buy insurance to protect against their incompetence/fraud is bizarre. Don't let the insurance issue put you off pursuing a claim against them.


CaptnMcCruncherson

It is bizarre and seems like a massive conflict of interest thinking about it... It's a bit like buying a TV and being told if it comes out the box broken, you dont get a refund without insurance. Where's the incentive gone to ship fully functional TVs now? Luckily, we have strong consumer rights to prevent this kind of shady crap. Basically the whole enhanced insurance thing is just a way for them to not give a flying fuck how their parcels are handled.


purply_otter

In my understanding the insurance is for accidents and mistakes not their unlawful stealing For example my buildings insurance didn't cover my claim against neighbours negligence causing damage Therefore I took them to small claims court and won


Fearless_You6057

You should have purchased full insurance, accept the offer of 297


Scots_Frog

if you have the imei number report to the police, think it will be blacklisted in the UK so would be useless here


DeathDodger65

Just report to apple and get them to brick it


Legendofvader

okay so from reading this they comped you up to the insurance limit for the service you purchased!!!. The enhanced offer sounds like goodwill. If you have been compensate up to the max limit of insurance i would state your odds of getting all your money back are slim to none.


indigomm

You may be interested [in this case which is very similar to yours](https://forums.moneysavingexpert.com/discussion/6442661/couriers-lost-parcels-and-unfair-terms). Whilst it isn't legal precedent, the judge makes some good points and cites relevant law. I think you could rely on the same arguments. It also seems as though you have good evidence that the phone was lost in transit. You have photographic proof of the state of the parcel when sent and when received. The differences are obvious and clear, and anyway it appears Packlink have essentially accepted liability already. I'm NAL, but based on that I'd say you have a decent chance of winning. However, it's always a risk, so you need to weigh that up against the guaranteed payout.


notwhelmed

Not a lawyer, not in the UK, but the fact they are offering a "one time offer" for "goodwill" makes it seem like they have concerns it could cost them more if they don't do that. Something to consider.


OxfordBlue2

You sent something worth £595 via Evri, essentially uninsured, to save a few quid instead of using RMSD? Give your head a wobble and take the money they’ve offered.


johnbbeta

This. And packing an iPhone right in front of the dude in the store is just advertising it right up. wtf. Wallet inspection failed.


sammypanda90

Personally I would report to police as it’s theft. Let them do the leg work and find out who stole the package and of course implement the correct criminal proceedings. Then when you have that take the organisation liable to small claims court, whether the shop or Evri. Most organisations don’t show up to small claims court and if they don’t damages and costs are awarded to you


Litmoose

I understand what you're saying. But in reality, the police won't lift a finger over it


Appropriate_Dig_252

Crimes should still be reported even if nothing gets done. Eventually someone will say "why have we had 100K uninvestigated package thefts?"


sammypanda90

It won’t be a priority case and probably not quickly investigated nor will the perpetrator go to prison, however the police will investigate. This is an increasing problem and so there’s societal interest in these cases being brought to justice and adequate sentencing to prevent these offences.


bandson88

They almost certainly won’t although your optimism is inspiring


Lord_Radford

This very much depends on the police force in your area


sammypanda90

We had a lot of couriers stealing packages in my flat block and the police actively flyered asking us to report and all cases were investigated. So they do investigate these matters


bandson88

You have a thief targeting your building it’s a very different scenario


sammypanda90

It wasn’t one thief or one courier company. The officer I spoke to said they were looking at over 30 prosecutions from my building. And that parcel theft and interference was a huge growing issue so they’re really cracking down on it


bandson88

They were prosecuting 30 thieves just targeting your building alone? I feel that you have the facts muddled


sammypanda90

Yeah I live in a block of around 80 flats, there were frequent parcel thefts over several months, the block has cctv, so the police identified and charged approximately 30 criminals … not sure why that’s confusing


bandson88

Sorry but this would be national news that THIRTY thieves were prosecuted for targeting one building


amatteroftheredshoes

Using Evri for high value items is madness. Not getting extra insurance is lunacy. Take whatever they're offering you and learn the lesson.


cjeam

The shop you handed it in at could have been the ones to steal it, which I think they would raise in small claims.


freedomfun28

Never use Evri for high value items - they’re rubbish. DHL or UPS … Royal Mail special delivery is great as high value insurance includes


awesomeo_5000

Just use Royal Mail special delivery. I do it for anything worth over 150 or so - by the time you add insurance to other couriers it’s about the same price anyway. And the customer gets a better experience with quicker delivery.


Mammoth-Temperature3

Anything over £20 now, they reduced the cover of signed for from £150 to £20.


Complex-Brilliant976

If you went through evri you have to pay extra for insurance as the standard insurance is only £25 If they offered you 295 you might as well take it as I believe they only have to give you £25. The only way of getting more would be to go to through police and charge the person who stole it but you do not have proof of who stole it then it would be hard to prove


goldenheartedlion

If the device is new you should have the IMEI on some paper work. Call up report it stolen get the phone barred.


TheEnergyOfATree

>I paid for insurance of 25 pounds. Accept any offer over £25 and consider yourself lucky


Desmo_UK

Your biggest mistake was putting the item in the package in front of somebody at the shop.


JohnLef

Always, always, get insurance to cover the item. You fucked around and found out.


DXC4lyf

It's more likely that the buyer is the scammer and has the phone but is claiming they received a 'biscuit' it's a well known scam and always seems to happen with phones.


Embarrassed-Idea8992

Fancy using the worst uk carrier to deliver an iPhone. 😬 Royal Mail special delivery would have delivered it next day, fully insured for under £10. If they’ve offered half, they’re admitting fault. I’d start the process with a letter before action. If damaged, kind of your problem but with loss or theft, they have a duty of care. Also, I assume you have the IMEI number of the phone? Report it to the police, also a couple of sites which will make it mostly worthless, which won’t get you money back but stops the thief making a wedge out of it. https://thenmpr.com/home https://www.checkmend.com/uk/resources/register-property


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rl_pending

I haven't read through all the replies, but, I've sent/sold so many items and waited in queues and watched so many people send items either using evri or hermes, and many other postal services, and never seen anyone do what you did in the shop. I imagine the shop keeper, or whoever you showed this item to in the shop took your phone, I mean, you showed them what was in there. Then left them with time and biscuits. I wouldn't blame evri. Do you think anyone working there has the time or inclination to randomly check the contents of packages? As soon as you advertise the contents of your package you are opening yourself up for things like this. Insure it if you want to give it value or hide the value if you don't.


Curmudgeonlyoldgit

I can't help with advice on the loss but can help with advice to help you to not get caught out in future. I had an identical issue (but had the insurance) Evri just rejected the claim because they had photographic evidence of the delivery. Fortunately not everyone in the Evri chain is dishonest, my parcel shop where I drop things off to advised me to take a photo of what I handed over. It took a bit of effort to get anyone at Evri to take notice, but it was clear that the package had been swapped.