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andycorleone

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  1. Going back to Yodel Website I can see this: (Sorry my mistake I though was Evri when I opened the Forum threads I will try to edit the tittle ) "Service Details Print your label in store Drop your parcel off at thousands of conveniently located Yodel Direct stores We aim to deliver all parcels within 2 working days of the parcel being dropped at your local Yodel Direct store Send your parcel to any postcode in the UK Fully tracked from drop-off to delivery Email notifications as standard so you and your recipient are kept informed every step of the way Add insurance to your delivery to receive a proof of delivery signature when your parcel is delivered" I didn't paid for any extras just the standard service
  2. Sorry at this point I don't see any benefit of share this information and private information of the buyer. There is a Box a gate and a GPS Map showing were the picture was taken which correspond to the address of the buyer
  3. Sorry but I don't understand your question. what your meant "satisfied their delivery obligations." I used the address provided by the buyer nothing less nothing more. Xmas was a busy period I guess delivery guys were over the top and just ring the bell, left the parcel and went to the next house. This was one off sell of an unwanted gift I'm not a trader
  4. You sold an item on eBay. Are you an eBay trader? No Trader What is the item? Running shoes What is its value? 70 GBP Does the photograph doesn't show the parcel and at the correct address? It seem is in the Correct Address Did Yodel fulfil all the terms of the delivery contract. Was it meant to be signed for? Was it left on a doorstep accessible to the public? Is it somewhere that could be described as a "safe place"? It seem If was left at the front gate. What does the addressee have to say about it? Addressee Says isn't there and not the first time and item is not delivered Also it was the item correctly identified? Yes Was the value correctly declared? Yes Did you take out their so called "insurance"? No
  5. Hi, I'm trying to find any similar topic with a similar but can't see any. The buyer claims the item was not delivered to them. When I asked Yodel they say they will investigate. after a few days they sent me a Picture and GPS coordinates showing the delivered parcel. it seem somebody stole the parcel from buyer. In the past ebay would ignore buyer claim but I can not see any recent stories from UK. Can I take Yodel to Small court for a delivered item?
  6. I need to change the inbound of my flight ticket. But travelup said there are not flights that day which is not true. I checked ba.com and clearly I can see a flight. I don’t mind paying any extra fees but at this point they just simply don’t want to help in any way. What can I do? Can I call my CC and open a charge back or somehting? My only option so far is buying a one way inbound ticket which is really expensive. Thanks
  7. This is just myu opinion. But I personally would have taken the £300. Is very clear that by mistake or foolishness you declare the value as £20 they should have some way to prof that in court if they want to and stick to it. Arrogance blinds people sometimes, When I made a mistake I accept it and learn from it instead of blaming others. Now you will have to continue with this painfull journey and wait weeks if not months for a resolution. I wish you the best but me would try to get in touch with the legal department and take the offer of £304.96 ( at leat lossing £140 will make me more carefull in the future ) otherwise you will keep hitting the same rock over and over again.
  8. Thaks for you reply, So I guess I will received the "directions questionnaire" after I proceed with the claim and agree to mediation right?
  9. Hi Guys, Can I get any help about this? I uploaded the Claim respnse PDF as requested. Thanks
  10. After opening Money Claim weeks ago this week Evri finally responded: Their defence Why they disagree with the claim 1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background 2. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer. The Defendant operates “myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated under the ‘myHermes’ brand. 3. On or around 14 March 2022, the Claimant entered into an agreement with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the “Contract”). 4. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract. 5. The Claimant described the goods to be couriered on the order form as ‘Mavic 2’ (“the Parcel”). 6. The Claimant stated that the Parcel was valued at £50.00. 7. Pursuant to the terms of the Contract, on or around 16 March 2022 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient. 8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £7.80 (including VAT). 9. The last tracking point for the Parcel was on 16 March 2022 as delivered. However the Claimant states the Parcel was damaged when it arrived. The Claim Value 10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £625.00. 11. Yet, the Claimant seeks to recover £325. 12. The Claimant is put to strict proof as to the value of the claim. The Defence 13. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence. 14. This Defence is a response to the Particulars of Claim which are set out in the ‘Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim 15. The first sentence of the Particulars of Claim is admitted. 16. The second sentence of the Particulars of Claim is admitted insofar as the Claimant entered into an agreement with the Defendant for the use of its delivery services. 17. The third sentence of the Particulars of Claim is admitted. 18. The fourth to sixth sentences of the Particulars of Claim are neither admitted nor denied as the Defendants tracking does not show that the Parcel was damaged/ tampered and the Claimant is put to strict proof. Limit of Liability 19. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence. The relevant provisions state:- 18.1 Clause 4.2 “any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (“Compensation”).” 18.2 Clause 4.3 “Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.” 18.3 Clause 5.2 “Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: i) £20 ii) the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges. "Charges" are defined as “the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.” 18.4 Cause 5.3 Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges. 18.5 Clause 5.4 “Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of: i) the amount of Full Cover you purchased; or ii) the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.” 18.6 Clause 5.5 “Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product. To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.” “Postable Product” is defined as “a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.”” 18.7 Clause 5.6 “The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.” “Full Cover” is defined as “optional enhanced compensation that you may, for a fee, take out when you submit an order” 19. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage. 20. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £27.80 Claim for compensation 21. The Claimant claims £625.00. 22. As explained above, it is denied that the Defendant owes the Claimant £625.00.
  11. Hi, I'm going to proceed to sue EVRI. My next step is create a Money Claim, This is the explain of my Claim. Could you please checkif is look OK? Thanks The claimant used the defendant company to post a DJI Mavic Air 2 Drone to postcode ###-###. paying extra for the optional Sign on Delivery service. The value of the item is £550. The parcel was dropped off at the EVRi-EVRI ParcelShop as directed on 15/03/2022 The parcel was collected by EVRi-EVRI the same day. The pacel was delivered Emty at the destination without requesting any signature. The defendant breached the contract by losing the items and refuses to compensate the claimant. The claimant claims full reimbursement of £555 (item value plus delivery fee ) plus interest pursuant to section 69, County Courts Act 1984 plus Court Fees
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