Hi all, I made the MCOL application and EVRI asked for extra time and now have refuted the claim and asked for mediation. The difference in the value of the claim and EVRI website is I put the retail value of the item in but actually only paid the £300, it was brand new, cheap as seller had it as a freeby. I am happy to go to mediation and should I? 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 11 September 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 a Soundbar (“the Parcel”) 6. The Claimant stated that the Parcel was valued at £600.00. 7. Pursuant to the terms of the Contract, on or around 12 September 2022 the Parcel was collected from the Claimant by a self-employed courier on behalf of the Defendant in anticipation of delivery to the recipient. 8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £7.36 (including VAT). 9. The last tracking point for the Parcel was on15 September 2022. There are no further tracking points after this date and therefore the Defendant accepts that the Parcel is lost. The Claim Value 10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £600.00. 11. The Claimant seeks to recover £326.48. 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. Paragraph 3.1 and 3.2 of the Particulars of Claim is admitted [insofar as the Claimant entered into a Contract with the Defendant. 16. Paragraph 3.3 to 3.7 is of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. Limit of Liability 17. 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:- 17.1. 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”).” 17.2. Clause 4.3 “Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.” 17.3. 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.” 17.4. Cause 5.3 Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges. 17.5. 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.” 17.6. 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.”” 17.7. 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” 18. 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. 19. 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 £27.36. Claim for compensation 20. The Claimant claims £326.48. 21. The Defendant has already offered the Claimant £27.36 in full and final settlement of this matter. Which is the full amount the Claimant is entitled to under the terms of the Contract. 22. As explained above, it is denied that the Defendant owes the Claimant £326.48.

Not been a good year 2022 for parcels. In October last year, my daughter left her retainers at home so we posted it out to her via RM 1st class signed for, sadly the parcel never got to her and tracking only shows it was received by the post office. They have sent a cheque for £52, the cost of the retainers was £167 but probably more now as this was two year ago. Can I pursue this on take it on the chin?

bugger am pretty certain I put £300 for value but wanted to make sure

Hi, Is there anyway I can see the info I put in when making the booking for collection on EVRI website?

I woudl be grateful on any feedback on this, good enough to go? should I take the bit out about the previouse orders? Re: Letter before claim: Missing parcel C0XXXXXX 11th September 2022 I write further to your recent response to my letter of complaint refusing to reimburse me for the full value of the loss incur through your negligence and as required by the County Court Pre Action Protocol, I am now writing a letter of claim. As previously advised, I am seeking full reimbursement of the loss of my goods which were entrusted to your care for safe and secure delivery on the 11th September 2022 with a delivery estimate of 3 to 4 days. Despite contrary information to say the parcel had been found, to date, it has not been delivered and I am now at a loss of £300 less the amount you automatically refunded but as advised I have rejected. The breakdown of my claim is below. The amount I am seeking for the reimbursement is:- Loss of soundbar £300 Postage paid £7.36 Less unagreed refund £27.36 Amount outstanding £280.00 In addition to the above amount, I will also be seeking any extra costs incurred in pursuing legal action, should it still be necessary as well as interest at 8% from the date the item should have been delivered by – 16th September 2022 My grounds for pursuing legal action in the absence of full settlement are Consumer Rights Act 2015, I do not accept your insistence that items that are not insured, limits your liability under the above legislation as you have failed to carry out the most basic of the contractual agreement to deliver the item. I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants. I can provide payment details on request via email – XXXXX If I do not hear back from you within 14 days, I will issue a money claim without any further contact. I hope this will not be necessary and we can save all concerned from the unnecessary time and effort to resolve this through the County Court.

Thank you, is this good enough? Should I take the reference to the court cases out? Re: Letter before claim: Missing parcel ..... 11th September 2022 I write further to your recent response to my letter of complaint refusing to reimburse me for the full value of the loss incur through your negligence and as required by the County Court protocol, I am now writing a letter of claim. As previously advised, I am seeking full reimbursement of the loss of my goods which were entrusted to your care for safe and secure delivery on the 11th September 2022 with a delivery estimate of 3 to 4 days. Despite contrary information to say the parcel had been found, to date, it has not been delivered and I am now at a loss of £300 less the amount you automatically refunded but as advised I have rejected. The breakdown of my claim is below. The amount I am seeking for the reimbursement is: - Loss of soundbar £300 Postage paid £7.36 Less unagreed refund £27.23 Amount outstanding £272.64 In addition to the above amount, I will also be seeking any extra costs incurred in pursuing legal action, should it still be necessary. My grounds for pursuing legal action in the absence of full settlement are Consumer Rights Act 2015, I do not accept your insistence that items that are not insured, limits your liability under the above legislation as you have failed to carry out the most basic of the contractual agreement to deliver the item. I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants. Yours Sincerely,

Just quick advise, I sent them a letter of complaint. They have paid basic compensation, which I have rejected in writing and asked them to pay full value or court. Do I still need to do a letter before claim or the fact they have been emppathic enough to go ahead and do the MCOL? Is the below goof enough for the "Briefly explain your claim" On 11th September 2022, I used the services of EVRi Parcelnet Ltd, Trading as Evri of Capitol House, 1 Capitol Close, Morley, Leeds. LS27 0WH to deliver a Samsung Soundbar valued at £300.00 under the reference number C00HHA0258159230 for a 3 to 4 day delivery. Regrettably the soundbar failed to arrive nor has it been found by the defendant, despite their employee saying on the 24th of September 2022. “I work in the local depot and I’m liaising with the team here to get the parcel on the move as quickly as possible. As soon as it’s with the courier, they’ll notify your customer of the time window for delivery. “ I have requested the defendants to reimburse me the full loss of the item, which they have declined to do so citing their terms and condition. They have paid me £27.36 made up of Compensation £20 Refund of fees £7.36 Total £27.36 I have made the defendant aware; I reject this amount and expect them to honour their obligations under the Consumer rights act and provide for the actual loss value of the item. I have also made them aware there is case law to support my request for the full value of the loss to be reimbursed but they declined to do so or review the matter. I am asking the courts to award the full purchase price of the soundbar which was lost through the negligence of the defendant.

Update They never did find the parcel. I sent off a letter to HQ, not got a reply to it but appears to have been scanned and uploaded to the EVRI ticket system. I got an email asking for info, provided this and today, been paid out £20 plus postage fee and the ticket has been closed. I have messaged to say rejecting the offer and referring to the consumer act. Do I need to give them any further notice before County Court claim?

They are adamant can't move it, accept will have to pay for my error, they only suggestion was short term cover from the day insurers. I've cancelled as better half was giving grief. Lesson learnt recheck when playing with quotes.

Is there link to this? I did see your post on another thread linking to FOS but it was a dead link and searching for cancellation fees on there didnt bring anything up. Thanks

Hi, I did a few comparison site quotes and changed the start date to later in the month, went back to do a new quote, didn't pick up I had wrong date, took policy out and realised after the fact when it said waiting to start - its my own fault. I contacted the insurer to bring the policy forward and find out how much extra to pay, they wont move the date and say I have to cancel and restart. I am within the 14 days as took it out on Saturday and doesn't start until the 19th Nov. Are they able to charge a fee? Incidentally they are still the cheapest. Thanks

You have your personal info in the letter @morgyman

Update, Got two support ticket replies literally about an hour apart, first once was this at 12:54 Good Afternoon, Thanks for getting in touch with us about your parcel sent with Evri We're so sorry that despite an extensive investigation, we have not been able to locate your parcel. We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim. During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible. Should you wish to submit your claim, please complete the following online form: Lost Claim Form We thank you for your time and patience on this matter and ask that you provide the required information within 14 days, so we can resolve this as quickly as possible for you. We aim to process all claims within 28 working days of receipt. Non-Compensated & Prohibited Items As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry. Certain items such as liquids are on the prohibited list because they are more likely to become damaged than others and therefore require a specialist carrier. Please note: should you choose to issue a refund before this claim is finalised then you must do so at your own risk. If the parcel is located it will be delivered to the intended recipient and the claim will be closed Kind regards, Evri Customer Services than got this at 1:24PM, i was hoping tracking would get updated as read like they had found it but no update, should I wait or send the compliant letter off? The last sentence was not so reassuring though. They had the same from name but assuming this is a copy and paste of the reply from the depot to CS? Also I bought the item on a forum,, will screen shots of the price agreement do / link to it or a word doc receipt from the seller if my optimism is misplaced? Hi X, I’m sorry for the delay in delivering parcel XXXXXXXXXXXXX to your customer. I work in the local depot and I’m liaising with the team here to get the parcel on the move as quickly as possible. As soon as it’s with the courier, they’ll notify your customer of the time window for delivery. If you have not seen any further updates by day 10 please follow your claims process. Kind regards, Evri Customer Services"

Thank you DX, didn't realise, very much appreciated

Thank you all for your feedback. I have amended the letter and also given the option of having my parcel delivered if they can find it, hopefully might provide some motivation to track it. Letter of Claim CAG (1).pdf