EVRi via Parcel2Go - lost £570 PS5 - court claim issued **Settled At Mediation**

[hakawaka92]

 

Yeah, i understand how the mediation happens and have ready the summaries but it was mainly a bit nervous as hermes are adamant on solely the point around me not suing parcel2go. Anyway, i do feel better than i did when i last wrote it after reading some more.

 

I have read more than a handful of cases of **WON** cases but is there a way i can only see these cases rather than pending ones? I was trying yesterday but i found too many unresolved pending.

But with the interest, who works that out? I don't know how it's worked out is it added whilst on the phone to mediator?

 

[BankFodder]

Why should you listen to what EVRi have got to say ?

Have they treated you well ?

Have they been straight with you?

Have they been honest with you?

Are you the customer?

There are unresolved pending cases partly because they are pending but also because unfortunately many people come here, use our forum, take our help and then never come back and tell us what happened or even say thank you.

[hakawaka92]

Yeah I noticed that.

Shame really after all the help you offer.

Maybe they couldn’t be bothered getting their money back.. 

How do I go about working out interest?

Is it 8%?

Thanks

[BankFodder]

It is normally 8% per annum – simple.

You don't need to work it out. Simply express a general statement that you are claiming interest pursuant to section 69 of the County Court act 1984.
I don't think you need to do the calculation

Edited March 16, 2022 by BankFodder
Whoops!

[AndyOrch]

The interest will be calculated for you if you claim for an unspecified amount.

You need to work out the interest yourself if you’re claiming for a fixed (‘specified’) amount of money.

 

To calculate this, use the steps below.

Work out the yearly interest: take the amount you’re claiming and multiply it by 0.08 (which is 8%).

Work out the daily interest: divide your yearly interest from step 1 by 365 (the number of days in a year).

Work out the total amount of interest: multiply the daily interest from step 2 by the number of days the debt has been overdue.

[hakawaka92]

Just realised my post didn’t send..

as my claim is fixed for £640 means I need to work it out?

I take it it starts from the day they confirmed they lost it or from when I shipped it?

And then up until the mediation date?

 

thank you

[dx100uk]

day you shipped till day of settlement @xxxp per day until then 

here look at a std claimform and how it is written in the particulars of claim.

2021-12-23 Claimform.pdf

[hakawaka92]

Great thanks for that!!

 

also I don’t know if you remember but the parcel eventually got to the customer after weeks.. but it was tampered with. Hermes insisted that it was still lost and in their defence mentioned nothing.

 

bit worried if they some how found out and bring it up. Anything I can do incase if it arises? It is my understanding that any changes they bring to the table they need to pay for all the changes etc..

 

thank you 

[dx100uk]

eh?

changes?

 

the parcel was tampered with, probably contents changed?

makes no odds what happened , they failed to complete xxxx contract you entered into with them.

 

 

[hakawaka92]

MEDIATION CASE WON AND CLOSED!

Just a quick update for you all as I don’t have much time but will give a detailed response later/tomorrow morning after work.

But to summarise:

It was agreed at £605 from £640

. @BankFodder

i hope you aren’t too disappointed but they called later than expected so it got to the point I just wanted it done rather than the whole back and forth thing and needed to get ready for work.

Overall I am ecstatic that I (we) defeated these crooks.

just want to say a huge thank you for the team here helping me with this and I will put up a donation later today (if I forget will be tomorrow)

i am also going to produce a word document which I hope helps the team here too and other people which could maybe be added to your library?

once again, thank you so much It’s really appreciated!

[dx100uk]

Well done!!

 

Dx

[BankFodder]

Well done .

Yes, they are. Crooks .

Thanks in advance for the donation and the idea of a guide is great .

I hope you manage to find the time to do it.

 

 

 

 

Also, you could take some time to visit the Hermes Facebook groups and tell them about your experience and the help  that you received here

[hakawaka92]

summary of what I can remember what happened:

my booking slot was from 9-11am and they called around 9:40.

The mediator started with the call asking a brief history of what has happened with my case with EVRi.

I had given my stance on it and she explained how EVRi denied responsibility and that I should have sued Parcel2Go as that was the contract i signed with and not EVRi.

I explained that the ‘Third Parties Act’ protects me from this and makes EVRi liable. She then took what I said and spoke with EVRi.

About 10 mins later..

She came back saying EVRi have insisted that it is my fault for not suing parcel2go.

I rejected their claim and this is when she started saying how this isn’t part of mediation and I should cooperate.

I pointed out that I am cooperating by allowing them to mediate here and not go via the courts.

I would be doing them a massive favour as a court judgement could set off a major precedent not only for EVRi but other couriers.

10 mins later..

Mediator called and said EVRi still are denying responsibility and that I should have sued Parcel2Go but (drum roll) as a good will gesture they would pay me £300. 

She also mentioned again how I need to compromise, I said okay, I’ll knock off the insurance as a good will gesture (£4 or so).

She then also mentioned that I didn’t have insurance and I said that this is irrelevant and not in their defence.

If EVRi want to discuss about insurance then they should go about it in the appropriate way.

I did throw in that if they want to talk about that then the consumer rights act protects me from this too as my goods were in their control, they had admitted losing my parcel so they failed with the duty of care.

She then went back to EVRi. 

10 mins later..

EVRi came back with a “final” offer of £570 and that they won’t pay the courts fee.

At this point I just wanted it over and done (needed to get ready for work) I stopped the lady half way and said “okay, you can go back to them and say my final offer is they pay half my court fees”. She went back 

Few mins later..

Mediator called back saying that EVRi have accepted my offer which was £605.

Overall, the process was fairly straight forward.

The mediator wasn’t difficult but was insisting to cooperate a bit more.

If you want to cooperate just stick by saying you are cooperating by not letting it go to court.

There was some bits I may have forgotten to include however, you just have ensure you say you are happy to go via courts. You are not concerned.

My mediator did try to throw me off saying they have already court cases and won (which I didn’t really believe tbh). I also insisted that I am sure she is aware that EVRi lose parcels all the time.

Even though I gave in to £35. I am extremely happy with my outcome and I very grateful for the admin on this amazing site.

 I have offered to get a type up of my notes done to help anyone else reading this and others who are facing this huge problem EVRi (Evri).

I haven’t had time but I am on annual leave from Monday, will get it done 

 

Good luck everyone and thank you to the admin for the amazing support. My donation coming shortly after this post.

[BankFodder]

I'm quite sure that the mediator is not telling the truth. We are not aware of any cases that Hermes has taken to court and won.

You did very well.

It seems that not only must people stand up the Hermes but they also have to stand up to the mediator.

Shameful.

Thank you very much indeed for this summary. It will be very useful to others who have similar problems.