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Downsway

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  1. Mediation Today 1st Call - Gave brief outline of the claim and confirmed I was happy with mediation. Mediator is going back to EVRi. 2nd Call - Stated I didn't take out compensation, value of the claim. £24.95 max they would offer. I stated the item was sold the day before which i have item information including the tracking ref, delivery address etc. and that the photo taken by them clearly shows it damaged and ultimately opened/empty. Happy for judge to make a decision. Happy to avoid costs for them not to go to court. 3rd Call - Offered £300 as this is their maximum they would offer due to their policy?? So in total £304.96 Amount declined. Going to court. They had already stated they were not available until December, sounds like another tactic to make you settle. Will update with the court date.
  2. Mediation booked for 20/7 No screenshots of booking. Have item value on eBay item summary with tracking ref and delivery address.
  3. The value of the item automatically applies a level of insurance at a premium. To send a parcel undamaged and expect it to arrive in the same condition is a reasonable expectation. Their delivery photo shows this to the contrary. To state the value and consequent cost for insurance is only insuring the company against themselves losing or stealing the item. I have paid them for a service to deliver a parcel from a to b. They have failed to complete this by their own evidence and therefore the terms of contract and insurance clauses are irrelevant.
  4. EVRi filed their defence this morning (on a Sunday! ) via email which appears to be a fairly standard response with the £20 item value. @BankFodder HermDef1.pdf
  5. Thanks @BankFodder. In a criminal court, where defendant enters a non guilty plea you are required to provide evidence whether key, non-key, rebuttable presumptions etc. This is my area of expertise but civil proceedings is new to me. Well aware of the Evri antics, they appear to wait until the last minute each time from the multiple stories I've read of the last few months. Like I say, just wanted to make sure. I'll post it up as soon as received for your direction. I shall request a judgement on Monday first thing should I not receive a response.
  6. @BankFodder Deadline for Evri is coming up on Monday. Just wanted to check if I've missed anything in terms of providing evidence by this date as in a criminal court this would be considered an anticipate Non-Guilty plea. Evri have until this Monday 13th June as they have stated they wish to defend the entire claim. As yet I have not received any correspondence/defence from Evri. So far I have issued the claim and provided the summary of key evidence however have not produced any evidence I. E. photos etc. I take it this is provided if or once Evri provide their defence? I have the photos now ready to go. My key evidence is the delivery photo they took at time of delivery aswell as photos taken from each side of item being sent and received. My plan is to request a judgement should this still be the case on Monday where I suspect I can then provide the photos?
  7. Evri / Herm es have filed an an acknowledgment of service. Stating they will defend all of the claim. They now have until 13/06/22 to file their defence.
  8. @BankFodderThanks, I have completed the money claim form now and await for it to be issued to EVRi. Will keep you updated.
  9. @BankFodder Particulars of Claim attached for your feedback. Thank you once again. Much appreciated. Particulars of Claim cons.pdf
  10. @BankFodder here is EVRIs response: Thank you for getting in touch regarding parcel xxxxx. I’m sorry to hear that you encountered an issue with this delivery, I can appreciate these situations can be frustrating for both yourself and your recipient. Unfortunately, we are unable to proceed with your claim as Evri must be made aware of the issue relating to loss, damage or late delivery within 28 days of the parcel being received into our network, as stated in our Terms and Conditions, specifically 6.1: ‘6.1 We need you to notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. The sooner you make your claim, the easier it is for us to investigate.’ You are able to contact us either by calling our Customer Services Team or submitting your query to our virtual assistant Holly, available 24 hours a day. Unfortunately, the request for a claim form was made outside of this time frame and so your claim has been rejected. I’m sorry for any inconvenience caused by this, however, we will be unable to issue a compensation payment on this occasion. If you have any queries regarding another parcel in the future, please contact your Evri Customer Service Team and we’ll be happy to help. Kind regards, Muns 2658
  11. @BankFodderHi, this was in response to the LOC sent 21/04. (it is posted above) I will now commence legal proceedings unless advise otherwise?
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