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Everything posted by andycorleone

  1. 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.
  2. Thaks for you reply, So I guess I will received the "directions questionnaire" after I proceed with the claim and agree to mediation right?
  3. Hi Guys, Can I get any help about this? I uploaded the Claim respnse PDF as requested. Thanks
  4. 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.
  5. 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
  6. I don't think that would be possible at this point, because once Buyers Bank approves the charge back in his favour, Ebay can officially collect that money from me (right now is a negative balance, when it becomes a debt, ebay can officially try to get the money from my bank account ,right now is only on hold) Everything is though ebay, Do you know what i meant?
  7. First the buyer opened a claim with Ebay and then moments later he opened a Charge Back with his Bank. When this happens, I can't do anything on eBay (for example, refund it) until the Bank makes a decision. As I understand it I assumed at this time that he had not received any refund because the bank had not approved chargeback yet.
  8. Thanks for your response BankFodder. As I understand it, at this point, the buyer is still waiting for the result of the chargeback he requested on his credit card. my balance is negative on ebay but no final decision has been made. Unfortunately there is very little interaction I can have with buyer’s bank at this point because ebay takes care of all the comunication and ebay only request for me was to upload a picture without any option to add text or anything. should I wait for the chargeback final decision ? Do I have a time limit to sue Evri or the buyer?
  9. Hi, Sellers ignored my request to sign the denial form. Next Monday 11th of April would be 14 Days since I sent the "Letter of Claim" to EVRI. there is not signs from the them for refund me anything, I Would like to know what will be my next steps to keep this moving? Cheers
  10. Hi, Evri now asks me for the buyer to fill out a Denial or Receipt form, I sent the buyer this form but he refused to sign it (he is handling the whole situation quite poorly and gave me negative feedback claiming that I tried to scam him, he apparently opened a police report but he also refuses to send me the case number) but before this I sent Evri The Ebay claim showing that buyer opened a claim with (ebay claim number) and a charged back in his credit card, this is the message evri sent: " Thank you for submitting your claim. As your parcel has received a final delivery scan, in order to fully assess your claim, we require a signed Denial or Receipt form to be provided. I have attached the form to this email for your convenience. Please ask your recipient to sign this form, acknowledging they did not receive the item(s) and return it to you. This can either be as a scanned file or a clear photograph of the signed document. Please note: we can only accept a physical or electronic signatures (not typed). Without this we can not proceed with the claim. So that I can resolve your outstanding claim, please could you send the completed letter to me within 14 days so I can provide a resolution as quickly as possible. If I don't hear from you within this time, we will be unable to consider your claim. Thank you for your support on this matter and we look forward to hearing from you. Kind regards, Mike Evri Send Claims Department"
  11. They answered today the following: "I can see that our claims team provided you the acknowledgement below on the 18th March Regarding parcel number: ?#?#?#?#?#?#?# Thank you for submitting your completed claim form, reference: ?#?#?#?#?#?#?#. This has been received by our Claims Department and will be assessed within 28 working days. We will contact you again once the review has been completed. Many thanks, Evri Claims Department And then our CEO team have also advised the same today."
  12. All Done. Now I need to wait. I will update if I hear something from them. Cheers
  13. None of those email are active anymore. But I found a postal address: Capitol House 1 Capitol Close Morley Leeds West Yorkshire LS27 0WH Do I need to send it with tracking to show it was delivered I guess?
  14. I can not find a postal address for Evri. Where should I svend this letter? I found a CEO email: [email protected] and the email I sent in the past: [email protected] are these two enough?
  15. I Forgot to add that I will included this in the top of the letter: Parcel reference number – ??????????? claim form, reference: ??????????? Letter of Claim
  16. Ok, but I started this thread asking a very specific question about what should I do at this point? but I haven't received a respond yet. I was told to search the forum for an answer but I can't not find one yet. For me, understanding the whole process can give me an idea of what journey I am about to embark on.
  17. Hi @BankFodder thanks for you reply. I tried to follow some of the stories. it seems it would be a very long process (few months at least). But I can't not find or undersand the steps I need to follow. I'm not sure If I need to send a "letter of claim" at this point. I feel a "sticky post" with some guidance on a basics of a shipping claim with the steps ( with a downalodable sample "letter of claim" maybe?) may help everyone here instead of trying to read multiple posts. Don't you think? (Maybe is already there but this website forum software is a bit diferent and confusing to others so I trying my best to find the information) For Example: 1) Parel Lost 2) submit claim form on EVRi Hermes website 3) after 2 weeks send a "letter of claim" 4) Mediation 5) Court Etc'... it seem the process woud be similar to everyone? Cheers
  18. Is been a week since I reported to Evri that they delivered an empty box to my ebay seller. Yesterday I sent an ultimatum email to them that if I don't get a response today I will proceed with further action. Can anyone advise me what else I should do before proceeding to take evri to small court? Cheers
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