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Frooty

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  1. Update - following a phone conversation with Evri earlier this week (at my request), they have paid in full - all bar a couple of quid. I'd like to extend my thanks to the site team here for the help and advice in getting this resolved.
  2. Thanks for the input. I decided to go down the mediation route, purely on the basis that I think it's appropriate not to clog up court when a matter like this should be readily resolved outside of it. I have already asked Evri to reconcile the signatures against the address, given that their previous information appeared contrary to this and that the recipient has signed Evri's 'declaration of non-receipt' letter, that Evri themselves acknowledged . I'll confess to being mightily surprised that they have produced signatures though!
  3. the plot thickens. Evri's defence suggested that the parcel was delivered and that a signature had been collected. This is despite their tracking suggesting delivery to a different building, a photograph of parcels against anonymous door, and confirmation that they were not collecting signatures "to conduct contact-free deliveries". I also gained a signed confirmation of non-receipt from the recipient which was forwarded to Evri resulting in an instant unilateral £20 compensation payment. Given this statement within their defence, I requested evidence of delivery and of signature. Today I received an email attaching tracking info saying the parcel was delivered. They also attached the same photograph of the parcel against the closed door. They also attached 8 copies of the signature they say belongs to the recipient, althought there is no way of reconciling one bit of information against the other. I'd be interested to hear whether anyone else has experience anything similar. It does reinforce that their communication and delivery protocols are exceptionally poor, and that someone is tucking me up here.
  4. I've received the Notice of Proposed Allocation to the Small Claims Track, with Evri's defence and I now have to submit the DQ. I've attached Evri's defence (with PoC for ease of cross reference). I'm almost inclined to avoid mediation and go to a hearing, to test this fully. I've also spent a long time on the phone with them, going over exactly what will be repeated during a mediation. That said, I'm a little anxious regarding their defence point 17 - "The third to sixth sentences of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof.". That sounds like they will leave me to argue and establish that the Consumer Rights Act trumps their Ts & Cs and that the full value of the lost parcel should be refunded, rather than limited to their £20 max. Am I right to be concerned about this? I'm surprised that they've stated in their defence that the parcel was delivered and signed for, when their tracking illustrated delivery (by GPS) to a different building and also acknowledged that no signature was taken due to 'conducting contact-free deliveries', even though they accepted my payment for collection of a signature. I have the orignal screen shot from this, given that I'd be grateful for any advice regarding how technical any argument may become in a hearing regarding the application of the Consumer Rights Act against Evri's Ts & Cs. And will any judge be hacked off that I've avoided mediation? Redacted Evri Defence.pdf
  5. update No surprises Claim was issued on 17 Feb Evri have filed an acknowlegement of service on 6th March and intend to defend all of the claim. I don't expect I'll hear anything until near the 28 days.
  6. Thanks for the assistance so far. I have read your link, and TBH I don't see how mediation would assist in any meaningful way. They've already offered (over the standard £20 compensation) a goodwill gesture of £150, which I declined. I'm not really inclined to settle for anything less than the value of the lost item and the court fees now.
  7. Update - just to ensure I'm anwering the question 'what I am claiming for and why'. I used Evri to deliver an item valued £600 within UK. Ref xxxxxxxxxxxxxxxx. Defendant lost the item & refuses to compensate me as I didn’t pay for insurance. Evri’s requirement that the client must themselves insure against Evri's own contractural breaches is unfair per the Consumer Rights Act 2015 and unenforceable. Evri’s attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I enjoy per the 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regs 2008 para10 sch1. I'm claiming item value (-£20), postage, interest and fees.
  8. Have now saved this, which I hope is okay. No space for any more characters!! I used Evri to deliver an item valued £600 within UK. Ref xxxxxxxxxxxxxxxx. Defendant lost the item & refuses to compensate me as I didn’t pay for insurance. Evri’s requirement that the client must themselves insure against Evri's own contractural breaches is unfair per the Consumer Rights Act 2015 and unenforceable. Evri’s attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I already enjoy per the 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regulations 2008 para 10 sch 1. £20 unilateral refund deducted from claim.
  9. Yes - on the PoC page there are fields to fill in. Date money became owed (i've assumed date of delivery [or not] 23/12), Date of issuing the claim (16/02), etc etc. Total amount claimed is the value of goods & postage with, interest on the former and court fees. I subtracted the unilateral payment.
  10. This fits - just! I used Evri to deliver an item valued £600 to a UK address. Ref xxxxxxxxxxxxxxxx. Defendant lost the item and refuses to compensate me as I didn’t pay for insurance. Evri’s requirement that the client must themselves insure against Evri's own contractural breaches is unfair per the Consumer Rights Act 2015 and unenforceable. Evri’s attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I already enjoy per the 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regulations 2008 esp. para 10 sch 1. “Presenting rights given to consumers in law as a distinctive feature of the trader's offer". Evri has unilaterally refunded £20 so the claim excludes that. Thanks for the input. Will press 'go' this pm.
  11. Getting there - Red ones didn't fit. I used Evri’s service to deliver an item valued £600 to a UK address. Ref xxxxxxxxxxxxxxxx. The Defendant lost the item and refuses to compensate me as I didn’t pay for insurance. Evri’s requirement that the customer client is responsible for insuring must themselves against EVRI's own contractural breaches is unfair within the meaning of per the Consumer Rights Act 2015 and unenforceable. Evri’s attempt to sell additional insurance cover for the items they have contracted to deliver is effectively an attempt to sell rights which I already enjoy under per the Consumer Rights Act 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regulations 2008. Specifically esp. para 10 sch 1. “Presenting rights given to consumers in law as a distinctive feature of the trader’s offer.” EVRi Parcelnet Ltd t/a Evri Evri has unilaterally refunded £20 so I have excluded that. My claim etc....
  12. Hi - There's a limit of 1080 characters, which includes spaces, returns etc. I've stripped back the text where I think I can and have arrived at I used Evri’s service to deliver an item valued £600 to a UK address. Tracking ref xxxxxxxxxxxxxxxx. It was not delivered to the recipient the defendant has lost the item and. Evri have refused refuses to compensate me fully as I didn’t pay for additional insurance. Evri’s requirement that the customer is responsible for insuring themselves against the negligence of courier employees their own contractual breaches is unfair within the meaning of the Consumer Rights Act 2015 and is therefore unenforceable. Evri has already unilaterally refunded £20 so I have excluded that. I ask the court to note that Evri’s attempt to sell additional insurance cover for the items they have already contracted to deliver is effectively an attempt to sell me my rights which I already enjoy as a matter of right under the Consumer Rights Act 2015. Therefore the defendant is committing a breach of the is trading unfairly per Consumer Protection from Unfair Trading Regulations 2008. And specifically paragraph 10 schedule 1 of those regulations "Presenting rights given to consumers in law as a distinctive feature of the trader’s offer." EVRi Parcelnet Ltd t/a Evri has already unilaterally refunded £20 without my approval so I have excluded that from my claim. I am seeking claim £580 + interest + court fees of £70" The website automatically formats into these line lengths, and limits text input. You can see above where I've adjusted the original text (e.g Defendant -> Evri etc) to reduce characters. I've added your suggestion to the end so that you can see the limit available.
  13. Bankfodder - thanks for the suggestions. Unfortunately the statement now exceeds the character / line limit. Any further suggestions on prioritising the content. I've already deleted the value I'm seeking, as that info is contained elsewhere.
  14. Thanks for the clarification - at the top of this page the form asks You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here Am I correct in assuming I needn't bother ticking this on the basis that I've already given them a load of info, which will be distilled in due course through the process?
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