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Elvis Romerez

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  1. Hi All, Just a quick update, I have a mediation date set for next week, is there anything I need to know? I'll make sure I have all the facts along with the timeline as well. Is there normally a % that they try to get you to agree with or is it dependent on the case? Thanks Elvis
  2. Hi JK, Thanks for the response.... Not much experience with this so could I just check a I've understood everything... Yes to take up the mediation 1. Decision without a Hearing - No the case is too complex 2. Choose my local court 3. Continue without an expert 4. Do I want to give evidence - I put "YES" 5. Do I want other people to give evidence - I put "NO". As in i don't have any other witnesses etc 6. Fill in dates I can't make - filled in dates
  3. Full response attached and also shown below 1. The Claimant has incorrectly named the Defendant in these proceedings as Evri. Evri is not a legal entity and is instead a trading name of EVRi Parcelnet Limited. The Defendant should be amended accordingly to EVRi Parcelnet Limited t/a Evri. 2. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background 3. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer. The Defendant operates “myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated under the ‘myHermes’ brand. 4. On or around 10 November 2023, the Claimant entered into an agreement, with agreement number C00HHA0426391034, with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the ‘Contract’). 5. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract. 6. The Claimant described the goods to be couriered on the order form as a ‘Mirror’ (the ‘Parcel’). 7. The Claimant stated that the Parcel was valued at £80.00. 8. Pursuant to the terms of the Contract, on or around 10 November 2023 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient. 9. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £6.96 (including VAT). 10. The tracking information indicates that the Parcel was damaged whilst in the Defendant’s delivery network and could not be delivered. The Claim Value 11. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £80.00. 12. The Claimant seeks to recover a total of £159.99 including Court fees of £35.00. 13. The Claimant is put to strict proof as to the value of the claim. The Defence 14. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence. 15. This Defence is a response to the Particulars of Claim which are set out in the’Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim 16. The first paragraph of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. The Defendant requests that the Claimant provides evidence of the value of the Parcel. 17. The second and third paragraphs of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof. it is admitted the Parcel tracking information indicates the Parcel was damaged on 18 November 2023 and subsequently destroyed. The Defendant requests that the Claimant provides evidence of all correspondence and conversations between the Claimant and the Defendant in relation to the Parcel. 18. The fourth paragraph of the Particulars of Claim is admitted. The Defendant contacted the Claimant on 21 November 2023 informing them that they would be unable to proceed with their claim since the items contained in the Parcel fall under the Defendant’s non-compensation list. This list can be found at https://www.evri.com/send/what-i-can-and-cannot-send. This list is made expressly clear on the Defendant’s website when the Claimant describes the contents of their Parcel when entering into an agreement with the Defendant for use of its delivery services. 19. The fifth paragraph of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. As mentioned above in paragraph 17 of this Defence, the Defendant requests that the Claimant disclose evidence of any correspondence of conversations between the Claimant and the Defendant in relation to the Parcel so that the Defendant can investigate the Claimant’s concerns further. Limit of Liability 20. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence. The relevant provisions state:- 20.1. Clause 4.2 ‘any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (‘Compensation’).’ 20.2. Clause 4.3 ‘Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.’ 20.3. Clause 5.2 ‘Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: i. £20 ii. the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.’ ‘Charges’ are defined as ‘the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.’ 20.4. Cause 5.3 ‘Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges.’ 20.5. Clause 5.4 ‘Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of: i. the amount of Full Cover you purchased; or ii. the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.’ 20.6. Clause 5.5 ‘Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product. To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.’ ‘Postable Product’ is defined as ‘a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.’’ 20.7. Clause 5.6 ‘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.’ ‘Full Cover’ is defined as ‘optional enhanced compensation that you may, for a fee, take out when you submit an order.’ 21. 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. Claim for Compensation 22. The Claimant claims £159.99 including court fees of £35.00. 23. The Defendant has already processed a payment and paid the Claimant £6.96 in full and final settlement of this matter on 21 November 2023 which is the full amount the Claimant is entitled to under the terms of the Contract. 24. As explained above, it is denied that the Defendant owes the Claimant £159.99, or in any sum at all.
  4. Hi All, Submitted the MoneyClaim as directed. Evri have now finally responded to say they reject the my claim. "EVRI has rejected your claim. They’ve suggested you both use the free mediation service. You need to respond to their suggestion before 4pm on 1 April 2024." One thing they noted was that I should have listed them as EVRi, not Evri, amongst a number of other points they have made. Would it help if I put their full response on here? As always, thank you very much for the support.
  5. Hi All, The 14 day period is up today for EVRI from when I sent the Letter of Claim. I have checked all the information i will be submitting with you kind folk who have been great in helping out. 1. Briefly explain your claim - information checked & entered 2. Timeline of Events - information checked & entered 3. List any evidence (optional) - advised to leave blank I presume now I submit the claim and pay the £35, and await further communication regarding the claim. Thanks Elvis
  6. Hi All, Final part of the submission has asked for me to list any evidence. As it's optional do i need to fill this in or leave it blank and get it ready for the court case? List any evidence (optional) Tell us about any evidence you wish to provide. You do not need to send us any evidence now. If your case goes to a court hearing, and is not settled, you will need to provide evidence. List your evidence Thanks Elvis.
  7. Hi All, I am completing my MoneyClaim online and it asks for a timeline of events. Below is my proposed timeline of events, which I have checked for accuracy against emails received and sent. For ease of reference I have also included the "Briefly Explain Your Claim" (Which Bankfodder has already kindly checked). Taking on board the advice around accuracy, the italics are actual quotes from EVRI via and email or phone call. Is this ok to upload onto the site? Is the time line too detailed? Once again, thanks for your support. Elvis .
  8. Great, excellent piece of advice. I'll also ensure i make no reference to timescales in any statements i make through the particulars of claim or witness statements. If it's ok I'll continue to post anything that I'm going to put through the claim here as advised before posting. Really appreciate the advice, very helpful.
  9. I agree, there isn't a timescale mentioned on the complaints procedure, however I imagine there must be a legal timescale form them to keep to. Also on the chat page where you are directed to make the complaint there is a line that says, "get a response within 24 hours".
  10. looking at step 2 and 3 below they should have got back in touch with me regarding the official complaint. I was trying to inform them that i expected them to follow the procedure as i was now logging it as an official complaint. They never looked into my complaint and never got back in touch with the outcome of my official complaint. They just kept repeating themselves about the outcome of the claim i had made for losing the item. Does this make sense? Step 2 - Our customer service team in your local depot will look into your complaint and update you on the outcome. Step 3 - We will contact you by email or phone, whatever is your preference, with an outcome of the investigation and let you know what happens next.
  11. Thanks for that. I'll make the changes now. Complaints procedure wasn't very helpful - it can be found here: Complaints Procedure | Evri WWW.EVRI.COM Access this page for information on how to submit a complaint to Evri
  12. I sent this through their chat, the only way I could contact them:
  13. Hi All, Not sure if I need to check this but thought I would just in case as I wasn't sure if I needed to be exact with my description. When completing the MoneyClaim it has asked me for Claim amount and Explaining the claim. I have included my proposed responses below: Could you let me know if this is ok? Thanks for your time and help.
  14. Great will do. I've also created a document where I've tried to capture the whole process. I think this would be helpful for me and others when going to court and also help keep things organised throughout. I'll add to the steps as I go along to include the timescales given. I wondered if you thought it would be helpful for other people? Not sure if it's too complicated, inaccurate or not needed. Let me know if you think it's helpful, I wouldn't want to waste time completing it further, and am not precious about it! I've uploaded the template, and my version so you can see how it looks. Thanks EVRI Complaint Log v1 - TEMPLATE.docx EVRI Complaint Log v1.docx
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