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

[Tubcat]

Hi

 

After reading the many invaluable accounts on CAG, I think I have case to bring against Hermes and would like some advice on this please.

 

I sold two light fittings to the same buyer on eBay and paid for postage (both lights together) using Hermes via Packlink. The value of both lights was £250 and I also paid for enhanced compensation. I bought proper packaging material and a suitably sized box from a packaging retailer. I packaged the items extremely well and took photos of the packaged items.

 

Annoyingly, several weeks later the buyer reported the lights as damaged and requested a full refund via eBay (they were just within the refund window). I opened a claim with Packlink uploading necessary photos of the packaging and lights before and after the damage. Packlink completed their initial investigation stating that;

 

Quote

“After completing the investigation with the carrier the shipment has been confirmed as damaged. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation.”

 

However, their claims department incorrectly asserted that I had used Packing Paper and rejected the claim due to insufficient packaging. I have tried to get them to reconsider based upon their incorrect identification of the packaging material – it was Shredded Cardboard much thicker than Packing Paper. But so far they have not come back to me.

 

I’ve tried to contact Hermes but can’t get beyond their automated bot with my reference number, as it just tells me to take it up with Packlink.

 

Do you feel I have a case to start a Money Claim against Hermes based upon the following points;

 

1. The damage inflicted upon the lights (they were very badly bent and misshaped), suggests that they were subjected to manhandling far in excess of that you would expect in transit.
2. And given the fact that Packlink stated that “the carrier has confirmed that the shipment was damaged”.

 

Any advice much appreciated. If I do start a claim, I’ll update this post with all the details.

 

Thanks

[Tubcat]

Yep, I've got photos of the damaged lights and all the packaging. Can upload photos here if that would be helpful?

 

Haven't started formal proceedings yet, just wanted some advice on the strength of my case. Will kick things off this week if you think I have a case?

 

[Tubcat]

Hi

 

I've been doing my reading around on this forum and have issued Hermes with a Letter of Claim. 

 

They have responded by directing me to Packlink and denying that Hermes is responsible.

 

My letter of Claim gave Hermes 14 days before I commence legal proceedings. I've drafted the Claim Details and chronology which I'll post below. If someone can offer any feedback, it would be much appreciated.

 

Thanks

 

Hi
Sorry for not responding sooner. I’ve only just had to reimburse the eBay buyer for the items they purchased which were damaged and crushed during the Hermes delivery.

I’ve been reading around the different Hermes/Packlink topics on the forum as well as reading the official government guidance and I think this is the course of action I have to take;

1. Send formal Letter of Claim to Hermes (uploaded below) informing them of the damage to my shipment, my financial loss and giving them 14 days to reimburse me before I take action in the County Court.

2. Start the Money Claim online. I’m a bit confused which of the two system I should use – can you advise?
 

MCOL - Money Claim Online - Welcome

WWW.MONEYCLAIM.GOV.UK

Make a court claim for money - GOV.UK

WWW.GOV.UK

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How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information...

3. As part of completing the online claim I will submit a Particulars of Claim detailing the facts of the case and timeline of events (uploaded below).

4. Hermes will probably send a standard letter disputing my claim at which point I will be sent an additional questionnaire by the Court and asked to pay extra court fees. I should both fill out the questionnaire and pay the fees as well as agreeing to mediation if applicable.

5. Should it go to mediation then I’ll follow the advice offered within this forum.
Any pointers and advice much appreciated. I’ll be posting the Letter of Claim to Hermes in the next day or two pending any feedback.

 

 

 

Quote

Claim Details with Chronology

 

 

 

The claimant used the defendants courier service to deliver a parcel containing two Laura Ashley ceiling lights value £250 to an address in Surrey. The claimant took out insurance against damage or loss caused by the defendant's own breach of contract or negligence. When the parcel arrived at the destination the contents were so badly crushed and damaged that the recipient requested a refund. This was caused by the defendant’s own breach of contract or negligence. The claimant brings this action under the Contracts (Rights of Third Parties) Act 1999. Claimant seeks the value of the lights £250 plus delivery and insurance costs £9.99 under the County Courts act 1984

 

The following is a detailed chronology of the events surrounding this claim.

 

26/09/2021

The claimant sold two Laura Ashley ceiling lights in excellent condition on eBay. The buyer paid £250 for the lights plus £9.99 postage.

 

27/09/2021

The claimant purchased suitable heavy-duty cardboard box and shock absorbent packaging material from a specialist parcel and packing retailer.

The claimant packaged up the items with considerable care and attention. The packaging consisted of a sturdy new cardboard box securely sealed and marked as fragile. The majority of the packaging used was good quality shock absorbent shredded cardboard. In addition, foam, polystyrene filler and bubble wrap was also used to fill any voids and provide additional strength and shock absorbance. In all, the packaging was more than sufficient to withstand the normal bumps and vibration expected during transit. It more than conformed to the packaging guidance on Hermes own website that states, “Your parcel needs to be wrapped well enough to stay intact should it fall off a conveyor belt (which can be up to 1.2m high).” -  https://www.myhermes.co.uk/help-and-support/how-to-wrap-a-parcel

 

See uploaded photo evidence illustrating;

 - The light fittings in excellent condition prior to postage.

 - The comprehensive packaging of the items using the suitable packaging materials mentioned above.

 

 

 

28/09/2021

The claimant purchased a Hermes delivery Label and paid for additional insurance for the protection against loss or damage for the shipment.

The Hermes Tracking ID is H0067A0030190134.

 

See uploaded photo evidence illustrating;

 - The purchased Hermes postage label with additional insurance cover

 

29/09/2021

Shipment started its short journey from Brighton, East Sussex to Surrey.

 

 

27/10/2021

After receiving the shipment from Hermes, the buyer of the lights initiates an eBay returns request citing that the lights where so badly damaged that they are unusable. The buyer requests a full refund including postage costs.

 

See uploaded photo evidence illustrating;

 - The badly crushed and damaged metal light fittings upon delivery by Hermes

 

 

28/10/2021

After being unable to discuss the matter with Hermes customer service instead the claimant open a damage claim with Packlink whom the Hermes postage label was purchased from.

 

01/11/2021

Packlink update the damage claim stating "After completing the investigation with the carrier the shipment has been confirmed as damaged"

 

See uploaded photo evidence illustrating;

 - Packlink statement that their investigation with the carrier confirmed the shipment was damaged.

 

03/11/2021

Packlink incorrectly assert that packing paper was used for the shipment and dismissed the claim. The claimant immediately responded pointing out that no packing paper had been used and that the materials used were good quality shock absorbent shredded cardboard, foam, polystyrene filler and bubble wrap sealed in a new sturdy box. However, Packlink ignored these responses and offered no means for appeal.

 

23/11/2021

eBay completes the returns process by refunding the £250 plus £9.99 postage to the buyer having deducts the funds from my bank account.

 

See uploaded evidence illustrating;

 - The Claimants eBay Financial Statement for November 2021 showing total claims of £259.99 for the refund of the two lights.

 

29/11/2021

As Packlink are not based in the UK and are not under the jurisdiction of English County Courts, the claimants only hope of getting compensation for the financial loss incurred due to a breach of duty and care of services (under the Consumer Rights Act 2015), is to issue Hermes with a Letter of Claim with the threat to start legal action in 14 days if not financially reimbursed.

The claimant is being this action as a beneficial third-party under the Contracts (Rights of Third Parties) Act 1999

 

 

03/12/2021

 

Hermes acknowledges the claimant’s letter and provide details of the claim case number and how to respond.

 

07/12/2021

 

The claimant responds to Hermes reiterating the circumstances and that unless they work to resolve the matter the claimant will have no choice to claim against Hermes under the Contracts (Rights of Third Parties) Act 1999 in the County Courts.

 

08/12/2021

 

Unfortunately, Hermes responds by stating that they are unable to assist further with the matter and they update the status of this internal claim as solved.

 

See uploaded evidence illustrating;

-          Hermes complaint communications between the claimant and Hermes.

 

 

[Tubcat]

Excellent, thanks for you speedy response.

 

One question I have regarding starting the Money Claim. Do I use the Money Claim Online website or the new online claim service at Gov.uk? It seems like the newer service offers a better experience for filing the details of claim. 

[Tubcat]

This one ...

Make a court claim for money - GOV.UK

WWW.GOV.UK

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How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.

 

[Tubcat]

Hi

 

Apologies for not updating this thread recently, my claim is still ongoing although nothing much has happened yet. 

 

After receiving the expected defendants response from EVRi disputing the claim, they had agreed to mediation. After waiting to hear a date for mediation, EVRi must have then decided against it as I received notification that - "Mediation did not resolve the claim" and the claim will go to a hearing.

 

I was sent a Judgement Order requesting me to submit my witness statement to the court and 'the other side', including any other witness statements and accompanying documents.

 

I don't want to deviate from the evidence I've already submitted so I was going to just send the court and EVRi a copy of my claim form as my witness statement. I will also include photos and other evidence along with a witness statement from my partner. Does this all sound ok?

 

Many thanks for your continued support and advice   

[Tubcat]

Witness Statement.pdf

 

See my uploaded redacted witness statement. This is a version of my submitted claim form formatted based upon the following criteria specified in the Judgement Order;

 

 

Quote

 

A witness statement must

•   have the court case number at the top

•   start with the witness’ name and address

•   it must contain numbered paragraphs and should be typed and

  double spaced. If not typed, it must be written clearly in block

  capitals or printed.

•   finish with the words “I believe the facts set out above to be true.

  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature.

 

•  

 

Sorry I need to spend a bit of time redacting the defence. I'll do it for tomorrow evening.

[Tubcat]

The date for submission is the 24th April but I'll try to submit it this week if possible. I haven't received their bundle yet.

[Tubcat]

13 hours ago, BankFodder said:

Yes, we definitely need to see the defence.

 

I'm afraid that you're witness statement needs a lot of work and also it could probably be shorter. I would normally suggest not more than two sides .

You haven't told us the date for submission and you haven't told us if you have received their bundle

 

 

 

Attached is a redacted copy of EVRi defence.

 

I'm happy to edit my witness statement (previously uploaded) if you feel it should be shorter? In addition to my witness statement I was also going to include a witness statement from my partner corroborating my account.

 

 

EVRi Submitted Defence.pdf

[Tubcat]

Sorry my mistake, material needs to be sent before 4pm 26th April.

The instructions say that the material needs to be sent to the court using the address given. So I'll post two sets of material to the court and EVRi. 
 

[Tubcat]

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

[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?

 

 

[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

[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. 

[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

[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. 

 

[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.