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houtu234

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  1. 3 days before hearing, they sent me an email to ask where was the evidence and witness statement because it seemed it lost in their mail system. After I sent them, they decided to give me an offer for full value of the content, but not the costs of the hearing and claims. I've taken the offer but just for update about the case.
  2. thanks!, Here's the final draft, I've attached document included Number and Location of the court as well. 1. I, Viet Phan, the Claimant in this case, residing at _, hereby provide this witness statement to offer a detailed account of the events pertaining to the subject matter of this case. 2. On the 25th of February 2023, I engaged the services of Evri, the Defendant, to deliver a parcel consisted of two jackets valued at $960 USD or equivalence of 850 pounds, to my friend. Unfortunately, the parcel never reached its intended destination and was lost during transit between the drop-off point and the local depot. The Defendant acknowledges the loss of the parcel. 3. The courier service was obtained through the Defendant's website, with the expectation of next day delivery. As evidence, I refer to exhibit E, which is the receipt of the purchase. 4. As the parcel was not delivered the following day and no tracking updates were available, I immediately sought assistance by contacting Evri's support. However, I received a response from them almost two weeks later, on the 10th of March. Throughout this two-week period, I sent several emails to Evri's support and executives, but received no replies or updates regarding the parcel's status. The Defendant's phone support was inaccessible, automatically redirecting to an automated message. To substantiate these claims, I refer to exhibit E, which includes the email correspondence timeline. 5. The Defendant claims that I am not entitled to full compensation as I did not purchase insurance. However, this argument contradicts the provisions outlined in the Consumer Rights Act 2015, which establish the consumer's rights to proper service without the need to purchase additional insurance or pay premium fees. 6. The Defendant allegedly attempts to exclude themselves from all responsibility and liability for the loss of the parcel, which violates my consumer rights. This is an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015. 7. The requirement of premium fees for insurance contradicts the Consumer Rights Act, which provides buyers with rights for the services or goods they receive, and these rights should not be conditioned upon the purchase or payment of any additional services. 8. While it is true that I made an error in the details regarding the parcel's value when purchasing the courier service, this error has no bearing on the true value of the contents, which I can easily prove. The proof of purchase clearly shows the value of the parcel to be consistent with the contents (two Arc'teryx Jackets), as indicated in the parcel's description. Please refer to exhibit E for supporting evidence. 9. Further documents included in exhibit E demonstrate that the value of the parcel matches the purchase receipt and that the tracking information shows the parcel was re-shipped from the United States to Swansea, United Kingdom, on the 23rd of February. Subsequently, on the same day, I purchased the courier service to re-ship the parcel from Swansea to 90 Rancliffe Gardens, aligning with the timeline of the product purchased in the United States. 10. During my conversation with Evri's customer service, it was claimed that the driver successfully picked up the parcel, but it was never received or scanned at the Bridgend depot. Consequently, the parcel was considered lost during the pick-up process between the locker and the depot. On the same day, I dropped off another parcel, a smaller package, which was also sent using the Defendant's service and was successfully scanned at the depot around 12 pm, three hours after being picked up at 9 am. The Defendant claimed that the larger parcel was lost during transit, but it is highly improbable for such a substantial parcel to go missing while the smaller ones were delivered without issue. The Defendant's response indicates a lack of thorough investigation beyond contacting the depot, which failed to provide any response. 11. During the call with Evri's support, after the parcel was declared lost, I resorted to mentioning the presence of a dangerous chemical, "Sodium," to prompt a thorough investigation. This was a measure taken to expedite the search for the parcel. However, by that point, more than seven days had elapsed since the parcel was lost, significantly reducing the likelihood of its recovery. 12. The intention was and continues to be the retrieval of the parcel and the return of the jacket. In fact, Evri only began taking the investigation seriously after this point when several inquiries were raised from the 10th of March. However, there still has been no response from the depot itself, and Evri has no control over their depot to execute an investigation. The lack of interest in the investigation is evident, and Evri only treats the matter as urgent when it is potentially detrimental to their own interests. 13. The Defendant has failed to provide the compensation I am entitled to, which amounts to £920, including court fees. I have no difficulty in proving the value of the product, and my consumer rights should also be upheld. 14. The Defendant has failed to justify their role and liability in delivering the parcel, as they control all parts of the process but ask their customers to pay for premium insurance to exclude themselves from all liabilities. I declare that the facts stated in this witness statement are true. I understand that making a false statement in a document verified by a statement of truth without an honest belief in its truth may result in contempt of court proceedings. 394MC092-notice-of-transfer-for-court.pdf
  3. I I have added a substantial amount of text in red. It is clear that English is not your first language. I hope that you understand very thoroughly what you are writing here because when it goes to court, you will have to do speak to the judge about this in a calm way and which shows that you to understand the points are you are making. Once again, I'm very dubious about your chances of recovering your money – because of the undervaluation. However we wish you the best of luck and please let us know if you have any questions or any doubts. Let us know when you get a date for the hearing and then we may be able to give you a few more pointers. If you haven't done so already, please could you post up the claim number and the court at which the hearing is being held.
  4. Thank you, I've fixed "two jackets valued at $960 USD or equivalence of 850 pounds".
  5. Hey, I was away abroad the past month so unable to do anything really. I just got back. I didn't expect you to reply so fast when I post today since it's Sunday but it's much appreciated. I'll finish up the statement again today and post it here again. Have a nice Sunday!
  6. Thank you. Regarding undervaluation, they mentioned in their witness statement, by not mentioning it in my WS, you mean by not keep stating I undervalued the content but what I was trying to prove the value of content with shipping confirmation from the US/ receipt, product on website etc. should I keep it in the statement?
  7. Hello, I've been away the past month. The deadline is on the 11th, before I sent WS and evidence towards court, is there anything else I could add? Here's my WS Kind of weird bit, when they declared the parcel as Lost, I told them the parcel contains "sodium" which they are more concerned and actively investigate the location of my parcel, however, it was almost a week after. Should I mention this? hereby provide this witness statement to offer a detailed account of the events pertaining to the subject matter of this case. On the 25th of February 2023, I engaged the services of Evri, the Defendant, to deliver a parcel with an approximate value of £850 to my friend. Unfortunately, the parcel never reached its intended destination and was lost during transit between the drop-off point and the local depot. The Defendant acknowledges the loss of the parcel. The courier service was obtained through the Defendant's website, with the expectation of next day delivery. As evidence, see exhibit E, which is the receipt of the purchase. On Saturday, the 25th of February, I deposited the parcel at an InPost Locker, provided by the Defendant through InPost. The receipt for the drop off was given by InPost Locker (see exhibit E). As the parcel was not delivered the following day and no tracking updates were available, I immediately sought assistance by contacting Evri's support. However, I received a response from them almost two weeks later, on the 10th of March. Throughout this two-week period, I sent several emails to Evri's support and executives, but received no replies or updates regarding the parcel's status. Their phone support was inaccessible, automatically redirecting to an automated message. To substantiate these claims, see exhibit E, which includes the email correspondence. The contents of the parcel were declared at the time of purchase as two Arc'teryx Jackets. Although there was an unintentional error in declaring the value of the contents as £40, see exhibit E, which include the proof of purchase and tracking information. These documents demonstrate that the value of the parcel matches the receipt of purchase and that the tracking shows the parcel was re-shipped from the United States to Swansea, United Kingdom, on the 23rd of February. Subsequently, on the same day, I purchased the courier service to re-ship the parcel from Swansea to 90 Rancliffe Gardens, aligning with the timeline of the product purchased in the United States. Further details regarding the product can be found in exhibit E include the web page of 2 products I purchased corresponding to the receipt (Arc’teryx Leaf Alpha Gen 2) and (Arcteryx Leaf Cold WX Hoody LT). Images were taken from the official retailer website, "us-elitegear.com," where I made the purchase, which includes the invoice reflecting additional discounts applied. It is important to note that I unintentionally understated the value of the parcel and did not attempt to deceive the defendant. I prioritized the recovery of the parcel itself over its monetary value, especially considering the limited availability nature of the product. Arc’teryx LEAF was made not possible to be bought by general public from February 2023. I consistently sought support and attempted to make contact every 24-48 hours, without directly demanding compensation, as the detailed description I provided should have made the visual identification of the parcel possible. During the initial two-day call, after the parcel was declared lost, I resorted to mentioning the presence of dangerous chemical "Sodium" to prompt a thorough investigation. This was a measure taken to expedite the search for the parcel. However, by that point, more than seven days had elapsed since the parcel was lost, significantly reducing the likelihood of its recovery. My intention was and continues to be the retrieval of the parcel and the return of the jacket, rather than initiating legal proceedings. As the matter of fact, Evri only taken the investigation seriously after this point where several enquiries has been raised from the 10th of March, but there still no response from the depot itself and Evri has no control whatsoever their depot to execute an investigation. The lack of interest in the investigation has shown and Evri only picks up and considered as URGENT when there is they are interested in. When I contacted the Defendant's customer service via phone support, they claimed that the driver had successfully picked up the parcel but it was never received or scanned at the Bridgend depot. Consequently, the parcel was considered lost during the pick-up process between the locker and the depot. On the same day, I dropped off another parcel, a smaller package, which was also sent using the Defendant's service and was successfully scanned at the depot around 12 pm, three hours after being picked up at 9 am. The Defendant claimed that the larger parcel was lost during transit, but it is highly improbable for such a substantial parcel to go missing while the smaller ones were delivered without issue. The Defendant's response indicates a lack of thorough investigation beyond contacting the depot, which failed to provide any response. The Defendant not only exhibited slow response times throughout this matter but also took weeks to reach a resolution regarding the investigation. As previously mentioned, their phone line was inaccessible to customers unless the parcel was delivered. After persistent attempts, I eventually spoke to a support agent who informed me that it would take 48 hours to establish contact with the driver, who was later confirmed to have picked up the parcel. The Defendant then stated that an additional 48 hours would be required to establish contact with the depot. However, it took three consecutive calls made every 48 hours to customer service to receive the same message, indicating their failure to obtain a response from the depot. After six working days, the depot still could not locate the parcel or provide any updates on its status. Since the Defendant refused to provide compensation, I filed a Small Court Claim. The Defendant's refusal was based on the absence of insurance for the parcel, shifting the responsibility back to me despite them handling all aspects of transportation, over which I have no control. I am invoking my rights under the Consumer Rights Act, as the Defendant's negligence in procuring insurance absolves them of liability, as well as the misconduct of their employees towards me. The Defendant’s claim my parcel was valued at 40 pounds but I provided the receipt that match with the content of the parcel. I declare that the facts stated in this witness statement are true. I understand that making a false statement in a document verified by a statement of truth without an honest belief in its truth may result in contempt of court proceedings.
  8. Hi, I just received a court order to send the evidence and witness statement. It seems to be on separate categories, how do I get witness statement? Is there anything you suggest me to do? I think the deadline will be 14 July. Thanks
  9. I might've put it that way will it have an affect on anything?
  10. Thank you! I've attached the document below. Yes, I'm also worry about initial declaration was undervalued. I'm trying to think if there is anything can put up to make strong case about the value. Sorry I'm not native speaker so maybe hard to explain 394MC092-claim-form-claimant-copy (2)-2-4.pdf 394MC092-claim-response (3).pdf
  11. Hi, I recently submitted a online court claims against Evri. Long story short, I drop off the parcel in Feb and it was deemed as lost around 2 weeks later by Evri. I did not purchase the insurance and I unintentionally put the value of my parcel 40 pounds while the actual value was 850 pounds. I just finished the mediation today and refused the offer 450 pounds from Evri because I feel like I should get the value of the parcel after going through all the hassle with their customer services and the way they investigate/ handling my parcel. Even though the initial declared the parcel value as 40 pounds, I can prove it worth 850 pounds by providing receipt/ proof of purchase. Additionally, on the description of parcel's content, I wrote it as "Arc'teryx" Jacket x2. Could I prove the value of the parcel by 3 things? 1st Proof of Purchase/ Receipt, Second the parcel's content match with the receipt and third use the fact that the brand has high-end price range for all their models to support the value of the jacket? During the mediation, when I said about criminality of their employees but they put the responsibility on my hand as I did not purchase (where I claimed it violating my rights toward the service I paid for). They told the mediator that it would be a criminal case and it would not be resolved in civil court. Could I justify with the action of their employees that lead to the loss of my parcel? I dropped off 2 parcels on that day, 1 of them was delivered without any delays and the other one has lost. In fact, the one that deemed as lost are bigger as well and very recognisable so it makes no sense that it would lost. On another hand, the route between drop off point and local depot is around under an hour drive which very unlikely anything happens in between that only affect that only one. Regarding the inconvenience and unprofessional of handling my cases, there is no live support available to contact and as soon as it's not delivered within 3 days, I continuously chasing them through mails and even emailing their execs, I did not receive any response back for another 8 days where thats the first time they able to contact the driver and asked if the parcel has been collected. They said it will take another 2 days to contact the depot but they actually took 4 days without response and they said it's lost without providing further infos. Please let me know if I should add anything. Thanks
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