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nick676

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  1. Thank you so much with all your assistance with this, I really do appreciate it.
  2. Received a response today, basically still denying liability but offering to settle the full value of the claim as a gesture of goodwill. I'm going to accept this, as it mean's I'm not out of pocket. I appreciate that I could probably go down the court route and push for additional costs, but I'm happy to just put the whole thing to bed now.
  3. I have sent the letter as drafted, I appreciate you taking the time to write it. It certainly didn't offend me! I'll break my salary down as an hourly rate and use that as a basis for working out costs. I just want to make sure that I'm not left out of pocket with any of this. The longer it drags on, the more it has become a matter of principle than being about the money.
  4. Thank you, that makes sense, and I completely understand regarding our interests. I'll send a reply clarifying my position, based on what you've provided above. I find it ridiculous that they've pushed back this much over what must be a tiny amount of money for them, especially given I paid extra for their "insurance". The fees, interest, litigant court costs, time wasted by both parties must add up to more than the original item value. Can I please also check, how would costs for any time off work be calculated? I would be using annual leave to attend court, so I'm not sure how that works out as a cost. As you say, I wouldn't want this to appear as a money grab so would only want to claim something reasonable and quantifiable.
  5. Thank you. This is signed off by a Eunice Ochieng - Evri Legal Department. There's nothing in the email about without prejudice or it being confidential, aside from the standard "This e-mail (which includes any files/attachments transmitted with it) is confidential. It is intended solely for the use of the individual to whom it is addressed. Any views presented are solely those of the author and do not necessarily represent those of Evri" at the very bottom of the email.
  6. Someone else from the Evri legal department has emailed me directly with a settlement offer... "I write with a view to settling this matter. You are claiming £242.61. EVRi defence which has been issued to you is that when you sent the item you entered into a contract with Packlink and therefore EVRi is not liable to you as there is no contractual relationship. As a result of this we also have limited information about the parcel. However we have contacted Packlink on your behalf who have advised that, when you sent the item you stated: Value: 205 GBP Postage: 9.24 GBP Insurance: 205 GBP However they stated that you have not been compensated as you did not provide the mandatory documentation they have requested. Notwithstanding this and despite that you have not provided the evidence to Packlink we are willing offer you a goodwill gesture of £214.24 in full and final settlement of this matter. If you would like to accept this offer please provide your account details and I will arrange payment." Should I ignore the direct contact and stick to the court procedure? This offer still leaves me out of pocket on the court fees, so I'm unwilling to accept. Their breakdown is also incorrect - Packlink refunded me the £9.24 postage months ago, so this has never been part of the claim.
  7. The defendant didn't turn up for the mediation... glad I took the morning off work for this. I have the option of rearranging the mediation or going straight to court with it. If this goes to court, can I claim back any costs incurred (transport etc...) or will the claim only be for the original amount?
  8. Thanks, will update on how it goes on Wednesday. The defence was signed off by an Emily Egan, I've seen her mentioned elsewhere on these threads too.
  9. Thank you. The mediation is on the 6th. I did take out the insurance. As far as I can see, the only argument in the defence is that "there is no contract between claimant and defendant". A redacted version of the defence is here I'll stick to my guns and maintain that I need to be refunded in full.
  10. @dx100uk Thanks, all sorted now. Back on the claim, I have my mediation appointment soon. I've read some other threads and guides online about how the mediation calls work, but would like to check a couple of points. Firstly, it sounds like being inflexible can count against me in the mediation, so would it be wise to concede anything, or just stick to my guns? Will just mentioning the rights of 3rd parties be sufficient, or will I need to have the act in front of me and ready to quote. Are there any other tips on preparation for the mediation session? I've been looking at this thread and this one for reference. Thanks
  11. I returned my DQ last month and haven't heard anything else regarding that, but this week the trainee solicitor at Hermes has emailed me their completed defendants DQ. I notice that they've put themselves as unavailable to attend the hearing for the next three months. Is this normal practice or some kind of delay tactic?
  12. Thanks for replying. I've attached a screenshot from MCOL where it mentions the bar. I have read a lot of the threads on here and understand the general principles and that they are subject to the Contracts (Rights of Third Parties) Act. I've only seen the defence as filed online, rather than receiving anything in the post yet, so was unsure how I go about disputing the defence or what the next steps are. Hopefully this will become clear when I receive a hard copy. The defence mentions "The Claimant is put to strict proof as to the value of the claim", is a screenshot of the eBay auction showing the final price sufficient for this? Thanks for your patience, I have never been in this situation before so all of the process is new to me. Screenshot 2022-02-08 at 20.54.44.pdf
  13. Hi, please see attached defence. It also says that they've had a bar put on the claim. Thanks, Nick Doc_20220208_140747.pdf
  14. Thanks @Andyorch, I have included the "delivery" date of 11/11 and calculated interest from that date, totalling £2.61, and updated the totals accordingly.
  15. I've registered on the money claim website and have started drafting my claim, ready to send on day 15. How does the following look? "The Claimant used the defendants courier service - reference numbers XXXXXXXXXX & XXXXXXXXX to deliver a phone, value - £205 to a UK address. On delivery it appeared that the parcel had been tampered with as the contents had been swapped for a glasses case and the box had been resealed. The defendant refuses to reimburse the claimant the full value of the item. The defendant is in breach of contract. The claimant seeks £205, plus the court fee of £35 for a total of £240." I have included both the Packlink reference and the Hermes parcel number, but do I only really need the Hermes reference? Also, is it worth mentioning that I did actually purchase their "insurance" to cover the full item value, yet they're not offering me any refund at all? Thanks,
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