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SpecialK71

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  1. Thank you @Andyorch I have received the below response from Evri regarding their attempt to settle out of court. Thank you for your email. As you got compensation from Packlink prior to issuing a claim , this suggests that you knew your Contract was with Packlink and not Evri. Please can you advise us why the claim was brought against Evri and not Packlink ? Furthermore, as part of the Civil Procedure Rules, parties are encouraged to try negotiate the matter prior to a hearing. Evri has done so, by making the offer below despite your Contract being with Packlink. As you do not wish to be reasonable and negotiate the matter further, we will wait for a judge to make a judgement at a hearing. We reserve the right to bring this email to the Courts attention to demonstrate to the judge Evris reasonable attempts to try settle the matter with you. We will now wait for the hearing date and proceed in line with the Courts timescales. Any advice on how to respond would be greatly appreciated.
  2. @dx100uk - since Evri filed their defence, the online system system is no longer being updated. I have been receiving updates via email and post. @Andyorch - thank you! Will send the DQ again.
  3. Yes - I responded with the below. Dear Judy Cobbett, Claim Number: ....... Thank you for your email dated 06/06/23. I firmly reject Evri’s offer to settle at £400. I am only willing to settle out of court if Evri agree to pay me the full cost of my claim. If Evri are willing to settle the claim in full, I will be proceeding to court. Sincerely, Nana Osei Kofi Regarding the particulars of claim document. I received the below email HM Courts and Tribunals Service: Dear _____, We refer to the above claim. We've no record of the Claimant’s Particulars of Claim being received and logged on our case management system. We don't want to delay the claim unnecessarily, we would be grateful if you can provide the requested documents so the claim can progress at the local court. From my understanding they might be referring to the N180 form. Which I submitted some time back. In any case, I think I'll reply to the email and ask for some clarification.
  4. Hi all, I have received an offer to settle from Evri. Please see below for the details of the letter. I am not keen to settle for this offer as such I'm am contemplating responding in an attempt to settle for the full amount - would appreciate your advice on how to approach this. Thanks in advance. By way of brief introduction I am a member of Evri Legal Department and I have taken over conduct of the claim you made against Evri. I write with a view to settle the matter. Evri’s position is that when you sent the parcel you entered in to a contract with Packlink and not Evri. Therefore, Evri are not liable for your parcel and also have limited (tracking) information about the parcel. Evri’s Customer Service Team did advise you of this but you still brought proceedings against the wrong party. Further to this, we have confirmation from Packlink that you received £25.00 + £4.48 back in compensation. Notwithstanding the above, Evri are taking your word in good faith and , as a gesture of goodwill Evri are willing to offer you £400.00 in full and final settlement of your claim. We also take this opportunity to apologise to you for the issues you have experienced when using our services. If you would like to accept this offer please provide me with your account details at your earliest convenience and I will arrange payment. If you do not wish to accept the offer we would encourage you to bring proceedings against the correct party which is Packlink.
  5. Thanks @BankFodder I have been looking through a number of forums and found this one particularly helpful. https://www.consumeractiongroup.co.uk/topic/454578-evri-third-party-rights-issue-settled-before-trial/page/3/#comments Just wanted to ask when I should expect a follow-up from the court regarding next steps and a court date, conscious that it has been three weeks since the mediation?
  6. Okay - thank you for the heads up. I've had a look but I'm struggling to find the thread you are referring to. Apologies, I'm still learning how to navigate the site. Would appreciate if someone could sign-post for me. Thank you.
  7. Appreciate your support. Will continue to read and prepare for the court date once received. I didn’t purchase insurance and it was not brought up in the mediation.
  8. Hi all, I had my mediation appointment last Tuesday. My time window was 13:00 - 15:00 and the mediator called by around 14:10. She started by explaining the process of mediation and reading some mandatory guidelines. Then she asked me if I agree to the terms of mediation, and I agreed. She asked me to give a short summary of the case so far. I gave her a brief summary of the case so far - essentially the key points from my MCOL. After that she asked what I would like to get out of the mediation. I told her that I wanted to be paid the full £920 for the value of my lost parcel (£850) and the claim costs (£70). Then she ended the call to talk to the Evri representative. I recited a call back from the mediator. She said that the Evri representative said: - That my contract is with Packlink and not Evri so I should contact Packlink. - Evri has limited tracking information so I should reach out to Packlink. - They can only offer me £70 for the cost of the claim. I responded to the mediator - Explaining that though the contract was with Packlink, as I am the third party I enjoy full third party rights to the contract according to the Rights of Third Parties Act. - I rejected firmly the offer of the £70 - I have contacted Packlink and they have refused to reimburse me the full value of the parcel - Additionally Evri tracking and support confirmed that the parcel was collected from the Parcel Shop but was unaccounted for after - Made the point that they if they want to, they can apply to have Packlink join them as a codefendant - I am not willing to settle for less than £920, and that if they are not willing to pay the full amount I am happy to take this to court The mediator responded from Evri - Reiterated the same point that my contract was with Packlink so there is nothing more they can offer me - Advised me that I can apply to have Packlink added as a codefendant - Advised me to raise a claim against Packlink instead as the contract was with them I reiterated my points on the rights of third parties but the mediator and myself agreed that I was unlikely that we were going to settle during the mediation. She advised that the court will send out information on the next steps of the court process. That was my mediation experience. Would kindly appreciate some advice on what to do to prepare going forward. Thank you.
  9. Thank you very much for this advice - very helpful. I will continue to read and revert back if any further questions come up.
  10. Yes third party rights is the big issue within my claim. Will be rereading up on it. Thank you.
  11. Hi all, I have been offered a telephone mediation appointment to settle this case with Evri. Could you please kindly advise/point me to any useful threads. Much appreciated.
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