yes, claiming towards point 4 of an agreement. because details of the settlement amount of elements of the discussion has been shared online, they state that they will notify the court of failure to comply with mediation agreement, rendering the agreement void

Hi Guys, can i get some help editing my post above. I'm sick of this. Can i get some exact details removed from my post regarding settlement of the mediation.

Just donated! thank you

my mediation is set for 2pm today, though i'm doubtful that EVRI will actually show up

Hey i have made a first draft for my mediation today. Can i get some thoughts on this? Opening statement: On 15/08/23 I return an item through EVRI parcel shop. The parcel contained a leather Jacket worth £169.00. The parcel never arrived at the destination, and the defendant accepts that the Parcel is lost, and have admitted this. I am claiming for £169 + interest as per section 57 consumer rights act 2015 + court fees, which amounts to only £35. I admit that by accident, I had originally claimed the court fees twice, and therefore reduced my claim by £35. The defendant states that they paid for post and compensation of £20. I have checked my bank account and have not yet to received this fund. I have proof of my bank statements. Dispute: if EVRI say I did not purchase insurance The courier industry runs a “parcel cover”, which acts like an insurance in that “In the event of loss or damage they will compensate you up to the item value you have given us”. This costs an additional £7.15. This is contrary to section 72 of the consumer rights acts, because it is a secondary contract intended to reinforce the limitation of liability contrary to section 57. The rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. This is an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015. I am aware of four judgments, at least two of which are against EVRI themselves and which support my view that the insurance is a duplication of rights and is a breach of the consumer rights act, I am happy to go to court and get judgement if that is what they want. Repeat: The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. Dispute: if EVRI say I only stated the value of the jacket to be £150, not £169 I do not wish to waste the courts time, and our time but I’m not willing to compromise on my rights. The compromise is that we do not drag this out to court. The compromise is settling this now and I’m willing to reduce down to the value claimed (£150), with the accrued interested adjusted. Outside of this I do not believe a multi-million-pound company should be expecting their customers to accept any partial settlements. Adjusted interest: £150 + 3.99 (delivery) + £35 (court fees) + 8% interest/year. Interest dated from 15/08/23 to 11/12/23 will be £4.93. Total claim will be £188.99 (interest included)

Thank you

Okay I see, thank you

Thank you so much for the response. Been studying up on all threads related, as adviced. I'm just a tiny bit stuck on when would be the most appropriate time to amend the document, and how this could be done realistically. Like you said, it's a small technicality and they are fully aware of the claim. I just want to rid them of any excuse before my mediation (scheduled 11/12/23)

Oh really!? I've been scrolling through the web for so long, kicking myself that I didn't name them as their ltd name in the first instance. How do I edit the form then? What is the actual process?

Hi, Regarding the first case of their defence I can see that I could either: A. Send in an N244 application to list them as an ltd B. Restart the process again As I've said I'm willing to go to court, is there anypoint whereby I am unable to action the above two points? Thank you

yes it was the declared value, I put the estimated jacket of the value cause I was rushing. The actual value of the jacket is £169 and I have proof of this I won't raise any further questions on this thread until I've fully read every thread, I can how any people have had success in their case, and it's definitely lifted my spirits up

Hahaha! That video really did put things into a funny perspective for me, brave of them to state their defence to a court too. Thank you for the laugh, really helped to lighten the weight I had been feeling from this situation Any advice on the price of the jacket argument before I go to mediation? Like I said, I have full proof of the receipt and email entries

In that case, it's crazy to me that part of their defence includes the following: 2.52. ‘The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.’ 2.53. ‘Full Cover’ is defined as ‘optional enhanced compensation that you may,for a fee, take out when you submit an order.’ 2.54. 26. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage. 2.55. 27. The Claimant did not opt to increase the level of compensation for The Parcel and therefore pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £23.44. -> If they know they can't do this, why include it in their defence. THe second part I'm worried about is this section: 2.24. 20. The twenty first paragraph of the Particulars of Claim is noted. It is denied that the Claimant is entitled to £169.00 in respect of the Parcel. It is the Defendant’s primary position that the Claimant is entitled to £23.44 in respect of the Parcel under the terms of the Contract. Without prejudice to the Defendant’s primary position, the Claimant valued the Parcel at £150.00 when ordering the Defendant’s delivery services. The Defendant requests evidence from the Claimant as to the reasoning for the difference in valuations from the Claimant. -> like I said, I have proof of receipt of the actual price of the jacket, I had email correspondence with the brand asking if they have received my jacket and included the EVRI tracking number. The parcel is also clearly labelled to return back to the store. I've also shared all of this, and even provided the receipt in my claim lost parcel to EVRI It's a shame I put the estimated value of the item when posting back, rather than the exact. I was in a rush and just put a rough figure I had from memory (again, lesson learned)

Thank you so much, the first line just contained my home address, hence why I redacted that section in the second page. The claim form starts from point 3.15, I've posted everything honestly, it's my first time dealing with matters like this (and I hope to never do this again in the future) and I've stumbled - so I suppose I just felt really overwhelmed and treated unjustly about the situation after seeing their defence statement. I had saved up so much money to buy this jacket for autumn, and was so excited to own it, it wasn't the right size so I wanted to return it, get my refund and purchase it again in the right size, and it's just led to this whole mess by EVRI. I didn't even receive the £23 compensation, I checked my bank account again yesterday and still don't see it, so they are wrong in that matter. I'm going to draft up my mediation open statement and post it here, it's booked for the 11th

Thank you, so much for the quick responses. I'll try and head to bed and respond back to the mediation email. I feel in safe hands now