It looks like they are recycling the WS as its very similar to the WS i received from them. It also seems that the Ebay powered by packlink Terms and conditions have been updated since my hearing. In my case, point 3c of the T&Cs informed each user shall enter into a contract with the transport agency. However in the T&Cs provided in Evri's WS for JMXO's case, point 3c now states each user will enter into a contract with Packlink for the delivery of its goods through the chosen transport agency. Point 4a also explains the T&Cs of the respective transport agencies shall apply - and this part is hyperlinked to a list of transport agencies including Evri. When you go to the Evri terms and conditions website through that hyperlink, it states: When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. This is what i pointed out to the judge in my case i.e., In both sets of T&Cs, there is a contract - specifically in Evri's which states a contract is entered into with Evri when using them to send a parcel. By Evri collecting my parcel which they took to their warehouse for processing (and then losing it), it demonstrates Evri were aware they were being used to send a parcel and under their own T&Cs this constituted a contract was in place - which Evri then breached by losing the parcel. JMXO - in your case, point 4a from packlink T&Cs and Evri's own T&Cs should certainly be used for your argument.

Hi JMXO I noted that on points 13-16 of your 4th WS, the wording from my posts to Reutheo and from my thread has been copied and pasted into your WS. I want to be clear that the wording in those posts are just my opinions (and i'm not a legal expert) and therefore you should consider tweaking the wording to explain how it applies to your case. For e.g., point 15 of your WS states: There is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their Defendant’s response. Under these T&Cs, there is a contract with the delivery company This is almost verbatim wording from post #320 of my thread. For my case/thread, Evri provided the terms and conditions in their WS which is why I was able to use them at my hearing and in my posts on this forum. I don't believe you have received Evri's defence/WS which contains the terms and conditions - therefore it would not be factual for you to say that Evri provided these terms and conditions in their response (in bold above). Also on page 17, you provide a screenshot of a Paypal payment of £4.48 to Packlink and a paragraph explaining that this screenshot is the invoice for the amount paid by you for Evri's next day delivery service and proof of delivery service. This screenshot doesn't show anything except a payment of £4.48 to Packlink via Paypal - this could be a payment for anything and doesn't actually show what you've actually paid for. As you're using my draft WS, you'll have seen it contains an invoice from Packlink for my case - take a look at it and see if you can get the specific invoice from Ebay or Packlink that you are referring to. The above are minor points and i'm sure JK and BF will provide you with feedback to further strengthen your WS.

Hey Reutheo, you're welcome! Glad to hear my case is helping with your preparations. I note that you purchased Evri's delivery services for your parcel through packlink. In the last post of my thread, I put together some screenshots of the Packlink process. Soon after the hearing, I had sold an item on Ebay and thought to obtain these screenshots for future reference (and to help others) because: In my hearing, i referred to Packlink's terms and conditions that were in Evri's WS. I explained how Packlink is described in these Ts&Cs (points 3b and 5A(b)) as a package dispatch engine through which users can check prices of different transport agencies, and then select the service that best meets their needs. The example screenshots can assist a judge to see this. Additionally it can be used to show that information is disclosed upfront of the contents and their value, and the sender/recipient address when purchasing delivery services through Packlink. It gives support to the Ts&Cs that it is the transport agency that is being contracted by the user (point 3c in the Ts&Cs), and as Packlink is a comparison service, it does not physically handle and transport the parcel (point 6a in Ts&Cs). There is a message on Packlink that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - i.e., the above points Link to the post: https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/?do=findComment&comment=5262828 Hope that helps.

That's understandable and apologies if my message came across as a criticism when that is not the case. Attached is the most recent draft of the WS/Court bundle which was updated following the feedback in post #81 - Updates are in blue font. Draft - Witness Statement and Court Bundle redacted.pdf

yes, will be going ahead to trial as mediation was unsuccessful. The most recent draft of the Ws / court bundle has been shared earlier in this thread (post #88) - linked below. I know there are changes to be made to it so I will work on updating it. I'll also confirm when the trial fee has been paid, and also be including this in the claim amount.

Some good news - the N157 notice of allocation to small claims has finally been received. Attached is a redacted scan of the N157. I need to pay £85 trial fee by 10th May or the claim will struck out. Hearing date is also set for 7th June, and all documents for the hearing need to be delivered to Evri and the court no later than 14 days before the hearing (I work this out to be 24th May at the latest) N157 redacted.pdf

Hi, no paperwork yet from the court

Tried ringing the court today but wasn't able to get through to anyone. I'm going to send another email to the court to clarify if the case has been allocated and whether an N157 has been issued if it's been allocated.

In my email to the court, I did ask if there is a N157 notice of allocation. The response from the court suggests this will follow in due course

After multiple calls to the court over the last week but no luck speaking to someone, they have responded to the email i sent last week informing "in reply the matter has been allocated to the small claims and an order will follow in due course." Looks like i'll just have to wait it out until the judge's directions/order is received. I will continue working on the WS in the mean time.

Thanks, i'll keep on calling the court and hopefully get through to speak to an operator

Have been trying to call the court this morning but no operators are available. I've sent an email asking for an update including if there is a notice of allocation (N157) and any directions from a judge. Received an automated reply stating there is a target of 5 working days to deal with incoming work, but due to increased workload, they are progressing work at approx. 29 days. I'll keep trying to call and speak to an operator.

yes I will contact the Leicester court which I did opt for it as it is my local court

Claim history on MCOL: You submitted a claim on 19/07/2023 at 20:21:13 Your claim was issued on 20/07/2023 EVRi Parcelnet Ltd trading as Evri filed an acknowledgment of service on 01/08/2023 at 16:05:08 A bar was put in place for EVRi Parcelnet Ltd trading as Evri on 14/08/2023 EVRi Parcelnet Ltd trading as Evri filed a defence on 14/08/2023 at 01:05:42 DQ sent to EVRi Parcelnet Ltd trading as Evri on 15/08/2023 Case Stay Lifted on 07/10/2023 DQ filed on 07/10/2023 Case Stay Lifted on 10/10/2023 EVRi Parcelnet Ltd trading as Evri filed a DQ on 10/10/2023 Case Stay Lifted on 12/10/2023 Case Stay Lifted on 18/10/2023 Case Stay Lifted on 27/10/2023 Your claim was transferred to LEICESTER on 13/11/2023

I'm not sure about the hearing centre but i will get in touch with the court. I'll update here once i get more clarity. Where did it mention about the hearing centre? Just want to check as I dont recall a hearing centre being involved