Court Claim Against EVRi - Damaged and unusable. **SETTLED BEFORE HEARING**

[Tubcat]

Around mid-March I received a letter from the County Court

[BankFodder]

I rather thought so .

And does that sound ok about sorting this out on the weekend of the 23rd of 24th

 

 

[Tubcat]

The 23/24th sounds a bit too late to post the material to the court and EVRi. I'd like to get them sent ideally by the 20th.

 

My original claims form contains a detailed chronology of the case, so I was thinking of just sending this along with a detailed appendix of all my supporting evidence i.e. photos, screenshots and correspondences. I'm not sure there's much else I can include apart from a witness statement from my partner?

 

 

[BankFodder]

It's completely up to you of course, but you should heed our experience .

 

You come to us for help and we are acting in your best interest .

 

I think you should wait until the Monday and then you send the bundle off by special next day delivery .

It will cost you a few quid but it will be the best thing to do .

Sending it on the 20th is far too early and I'm afraid I won't be able to be fully involved.

 

You've had the order of the court since mid-March and you waited until now to come to us. If you had come to us when you first received the order then we wouldn't be rushing around to do everything at the last minute .

It hasn't been helpful .

 

Wait until the Monday and then send it all off and it will be done properly and it will give you your best chance of success.

 

 

 

 

 

 

[Tubcat]

Ok, lets go for the Friday the 22nd. I'm just not confident that next day delivery on the Monday would get it to both parties before 4pm on the Tuesday.

 

Thanks for your continued support

[BankFodder]

I'm completely confident that next day special delivery, If you can get it into the post office before midday on Monday will arrive on the Tuesday morning .

No problem at all .

I'm afraid that I won't be able to complete a rewrite of your witness statement before the weekend .

It needs a substantial rewrite.

 

 

 

[BankFodder]

 

[BankFodder]

I'd quite like a response please .

 

Are you preferred to wait until the Monday and use a rewrite or are you going to go ahead and use your own version?

 

[Tubcat]

Hi, I was just checking the Post Offices guaranteed next day delivery service. Seems it's possible.

 

I'm happy to wait until the Monday before sending if you're able to help with the rewrite? It would be good to make a start sooner, so I feel confidence about completing it by the Monday.

 

Thanks

[Tubcat]

8 hours ago, BankFodder said:

 

This is really interesting, thanks for forwarding it. 

[BankFodder]

Yes. It was not at all surprising though .

I don't think that EVRi could win the case anyway.

Exactly the same with you. I think that your case is unlosable by you.

 

 

However, I'd like to know whether you are prepared to wait until Monday so that I can plan my time, please.

 

 

 

[Tubcat]

Yes, I'm happy to wait until the Monday before sending if you're able to help with the rewrite? It would be good to make a start sooner, so I feel confidence about completing it by the Monday.

Thanks

[BankFodder]

It will be sorted by Saturday pm

[BankFodder]

Please will you start preparing a spreadsheet of your litigant in person costs .

 

This means a spreadsheet list of the work you have done preparing for this case including research and drafting documents.

 

You won't need to submit this next week .

this is something that you will present to the court at trial but you need to be prepared and you need to start keeping a running total .

Keep it reasonable and justifiable. This is not a money grab

 

[BankFodder]

open

[Tubcat]

Final update having recently agreed a settlement with EVRi (Ervi).

 

It's been nearly six months since I last posted an update regarding my claim against EVRi. The reason being that for most of that nothing happened. I didn't hear from the court for ages after submitting the witness statement that BankFodder kindly helped me with.

 

Having read that the County Courts had up to a twelve month backlog, I'd resigned myself to the fact that I might not hear anything until 2023. But a few weeks back I received a letter from the court confirming a date for the hearing and giving me a deadline for paying the court fees.

 

I contacted EVRi to ask if they were interested in trying to settle prior to it getting to court, whilst making it clear that I was very much prepared to go to court if needs be. I heard nothing back initially but was then contacted by a solicitors acting on behalf of EVRi.

 

Within a few days I had had a call with the Solicitors and a settlement had been agreed based upon my original claim - it was honoured in full. Once I received the funds, I then informed the court to cancel the claim.

 

So after nearly a year and a not-insignificant amount of effort, closure has been achieved for the items damaged in transit with EVRi. It's a shame that their own complaints procedure and that of Packlink's are so woefully inadequate that if forces customers to seek compensation via alternative legal routes.  

I have just made a donation to Consumer Action Group as a thanks for all the help and support offered, especially by BankFodder. Keep up the good work guys as the service you provide is invaluable and I would encourage others to show there appreciated through donations. 

 

[BankFodder]

Well done on your settlement and thanks very much indeed for letting us know.

It would be helpful if you could remind us of how much you are claiming and how much you settled for.

 

When you say that you were contacted by solicitors was this an independent firm of solicitors or was it their internal riffraff?

Thanks also for the donation. There is a very tough at the moment and I suppose it's all about the cost of living crisis that I am emailing you separately.

 

 

[Tubcat]

The settlement was for the full amount I had specified in the original Money Claim. This was just under £300, which was the full costs I incurred due to the damaged items and their postage.

 

During the earlier period of my claim, it was EVRi internal Solicitors who responded to the claim denying responsibility. However, it was an independent Solicitors firm who contacted me when I reached out to EVRi asking if they would consider trying to resolve prior to me paying the court fees. This second set of Solicitors were actually very courteous and professional and negotiated the settlement quickly and efficiently.

 

Hope that helps.