To not pay out, and let them take me to court?

I had this with them. I sent it via Evri and they denied receiving it back. Maybe they didn’t 🤷🏻‍♀️ but I had proof to show I had sent it. I think their system is a bit shoddy booking items back in. It didn’t go any further. I absolutely refused to pay it.

Yes you can leave a review online but stick to the cold facts and keep any emotion out of it. The AI you were using will draft a review for you. AIs are good at drafting very cool professional replies which just concentrate on the facts.

They have their goods back. They just haven’t accounted for them properly in their systems, because the Evri label was missing or was not zapped at their end. But if you have proof the parcel was received into their warehouse/office premises, then you should fight them.

Surely each item of clothing was zapped into the parcel by them, using its barcode, before it was posted to you, so they need to search their stock room to find it. I’d wager they haven’t done this.

@peeved123

Going against the grain here... It's up to you if you want it to go to court, but I would be worried about getting a CCJ, and it affecting my credit record, so I would pay up, and consider it a lesson learned.

I am dying to know where you live that doesn't have an Evri drop off point for 3 hours away though... Are you in The Shetland Islands? Nowhere on the UK mainland has no Evri drop off points within 3 hours. Indeed everywhere in the UK has an Evri drop off point within one hour. Even so, The Shetlands do have alternatives.... So I'm a bit confused as to how you're over 3 hours from any parcel drop off point.

.

They won't have a leg to stand on given " Royal Mail proof it was delivered, and even got an email from Lookiero to say they had received it."

They really cannot then claim it was not delivered

Are there no alternatives? You must surely have a post office within fairly close proximity... 4-5 miles...?

I understand you don't want to share where you live @peeved123 but I am just baffled ... Just puzzled as to where anyone could live in the UK that is 3 hours or more from an Evri drop off point! 😬

It's a totally moot point @Ved the parcel has been tracked and returned via Royal Mail!

Eh I can kind of see their pov. They offered to pick it up (presumably would have used the same courier they subcontracted to deliver it to you in the first place), their t&c state it must be evri etc. Yes you recd confirmation it had been delivered but it sounds like the place it was delivered to wasnt the place they process returns. A bit like trying to take a jumper back to swap at m&s head office - they physically cant action the return. I still think they are being ott and at most they should request the cost of reposting wherever you sent the royal mail parcel to the evri refund centre but I dont think its as cut and dry as you're making out.

OK I'll shut up now. 😆

There is zero chance of OP ending up with a CCJ. The retailer has acknowledged receiving the items. They are now saying they didn't, but any judge looking at this would say that the acknowledgement means they cannot demand payment.

😘

Oh, OK, fair enough.

I did then get an email from Lookiero though to confirm receipt... (which they now deny)

Are they completely stupid?
I understand this is unsettling, but with all the evidence you've got (and have provided them with) I'd let them take you to court just for the hell of it, and I doubt they'd enjoy what the court would probably have to say about their processes

To be clear I think they are completely in the wrong to threaten to take you to court and their customer service is clearly shit - I just dont agree with the posters saying it will 100% be thrown out and youll get all your costs etc.

I think they have some backing on their side, would still hope a reasonable iudge would side with you but as youre asking about risk personally think there is a small chance it might go against you.

But that’s still Evri.

@peeved123 I'd be firmly in the YANBU camp. Based on the facts as you've presented them:
You tried to follow the returns process.
You contacted the company multiple times before the deadline because their specified courier was not realistically available to you.
They failed to provide a workable alternative in time.
You returned the items using a tracked service at your own expense.
You have proof of delivery.
You apparently received an email from them acknowledging receipt of the parcel.

The key issue is not whether you used Evri. The key issue is whether the goods were returned to them. If they were returned and received, it seems unreasonable for them to attempt to charge you for items you no longer possess simply because a different courier was used. I think the Court will ask what their losses are given they have had the goods back which they have acknowledged.

Personally, if I had documentary evidence of:
My emails requesting help given you practical inability to comply with their Evri only dictat, not your unwillingness to do so, Royal Mail tracking showing delivery,
Their email acknowledging receipt, then I would not hand over £300 merely because a debt collector had become involved. Debt collectors have no magic powers; if the debt is genuinely disputed they would normally need a court judgment before compensation could be enforced.

In fact, I'd be inclined to welcome court proceedings rather than fear them. A judge would look at evidence. "The customer returned the goods, we received them, but we want £278 anyway because they used the wrong courier" is not, on the face of it, an especially compelling position. They haven't sustained a loss to recover.

I may even consider counterclaiming and I would certainly keep records of:
postage costs, time spent dealing with the matter, any bank charges or direct financial losses, correspondence from the debt collectors and any time off work required to attend court if it comes to that.

YANBU. You've got proof you tried to resolve it, proof you returned the items, and apparently proof they received them. I'd stop panicking about the debt collector letters and make them explain to a judge why they think they're entitled to payment for goods that were returned. £300 is a lot of money, which is exactly why I wouldn't hand it over when the evidence appears to support your position.

The one caveat is that if you genuinely have received a Letter Before Claim or actual court papers, you should not ignore them. You should respond within the stated deadlines and provide your evidence stating your counterclaim. Ignoring court documents is very different from refusing to pay a disputed debt. And for what its worth, I think they are banking on you being scared off and coughing up and once they see you are fighting back, I think they will drop the claim.

I would however check your credit record and make sure they haven't recorded anything against it and if they have, dispute it through the credit check company.