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I thought I'd give an update on my case. Background - Evri admitted losing my iPhone parcel 28 Nov. I stated a MCOL claim and was within a week of the mediation date when I read their defence carefully and noticed that they said it had been delivered 15 Dec. I checked with Packlink and they provided proof of delivery. I got in touch with the buyer through EBay and after a few messages he admitted he had it and had opened it but had not let me know, against our agreement. He wanted me to collect it or pay for postage. He did not think he'd done anything wrong. After communicating with EBay they said this was tantamount to theft and/or fraud and I should contact the police. As it was over 30 days there was nothing they could do apart from advise him to return it. I sent a message to the buyer saying that after I came back from holiday I was contacting the police. No answer at all then or since. I was considering contacting the police on my return when I got an email from Evri, quoting the MCOL case number and attached my claim. They offered the full price of the parcel but not the claim fee. I accepted and have the money. How daft is that - they did not even check to see if the case was still ongoing?! I still don't know whether to contact the police about the theft of the phone. No message from the buyer.
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I did a bit more digging and contacted Packlink online and they confirmed that the parcel was delivered 15 December. I have the time, map, signature and photo of the front door. It seems to have been delivered to the wrong address, unless the buyer had requested this, and the signature does not look like the buyer's name. So I have to withdraw. Still I found this site and know the process if it happens to me again. Thanks for all your help.
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Yes absolutely I didn't read the defence carefully enough. An EBay sale. Contacted the buyer today via email and voicemail. I have asked Packlink via website for an update giving the number. I've uploaded the defence again. The email address I have for Evri doesn't work anymore. I have the "CEOs". Should I use that? I hate to think all this fell through because the parcel was delivered and the buyer kept it. Evri defence.pdf
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I received my mediation slot today, 24 April. My case is on the Third Party Contract, not insurance, so I'll brush up on the law as their defence is tat I have no contract with them. The guide to mediation says "All mediation appointments are confidential involving the parties or their representatives and the mediator. Any resulting settlement includes a standard confidentiality clause". Does this mean that we cannot/should not tell others the settlement ie on here or elsewhere. or just that it cannot be brought up if it goes to court? Also I've gone over their defence just now. Posted above in this thread. Their defence is that there was no contract etc. But point 8 reads "the tracking information indicates that the parcel was delivered on the 15th December". That would be their main defence if it was true. I have all the tracking information up to 28 November and was in communication after that date as part of the SCC process. I'm thinking it's a cut and paste error. I've contacted the buyer. Any thoughts?
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