EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**

[Whitey_AFC]

8 minutes ago, BankFodder said:

I would advise you to stay with it. If they offer a settlement of that figure then you simply refuse it .

It's clear that there was an error and it was simply a silly mistake.

They have not referred to in their defence as far as we can tell. So it's too late now to raise the issue. That is what you can say

 

 

 

Ok, but mention it first thing to the mediator and advise it hasn't also been picked up on in the defence. Are they not sort of picking up on that by stating ' The claimant stated on the 'order form' that the value of the parcel was £200. The claimant seeks to recover £1.44 plus court fees of £35.00. The total claimed is £36.44. 

 

Also on the mediation form (N180) it advises that IF you wish to accept mediation you are too put 'Yes' to A1 and fill-out the contact details in section 'B' , it mentions nothing about it being signed but I presume it does require signing on the last page. 

 

Then this is returned \ signed for to CCBC, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH

[Whitey_AFC]

Ok I'll stick with it and see what comes of it. 

 

Do I mention the mistake to the mediator first thing and point out that it should be £201.44 and not the £1.44 it shows. 

 

I still have a bad feeling this will come to nothing but an offer of £36.44.

[BankFodder]

Yes, you should pointed out to the mediator.
Also emphasised that it was clearly an error and that the figure represents the interest and not the substantive sum claimed which is clearly described in the body of the claim.

There is no reason why should settle for the smaller amount. If they refuse to back down then just say that you are going to court and the judge will find in your favour in the interests of justice

[Whitey_AFC]

today was my mediation date between the hours of 14:00 - 16:00 

 

The mediator called me around 14:20 and introduced herself and asked if I had been expecting the call to which I replied yes and then had to confirm who I was myself and that I had read the mediation email that I had been sent. 

 

I was then asked by the mediator the claim amount to which I made her aware of the error I had made on my behalf of putting the interest figure amount into the total claim. Therefore meaning the form read as I if I was claiming only £1.44. She did then advise that she thought that was the case but could clearly see from the claim particulars my claim should read £200.00 with the interest being £1.44 and the £35.00 small claims fee.

 

Before the call from the mediator and booking half a day off to be on hand between 14:00 - 16:00 I did a bit of prep work and just wrote out some bullet points as per below, these were read back to the mediator to give her a true understanding of the events that have led to my call this afternoon. 

 

22nd November 2021 - Item sold via eBay and posted same day with EVRi Group (Now Evri) Full insurance paid for the item

29th November 2021 - Chased parcel and tracking appeared to be stuck \ Not updating 

1st December 2021 - EVRi admitted they couldn't locate the parcel \ Lost claims form submitted 

9th December 2021 - Chased EVRi for update \ None provided 

23rd December 2021 - Decision made by EVRi to not pay out for item as 'Prohibited Item' \ Refunded postage costs \ Closed case \ No further responses to messages sent from this point from EVRi (Evri) 

12th January 2022 - Letter of Claim sent to EVRi (Evri) HQ

26th January 2022 - No reply to Letter of Claim \ Open Small Claims via MCOL website 

3rd February 2022 - Letter from Money Claim Online advising my claim had be filed 

3rd March 2022 - EVRi (Evri) filed a defence 

April 2022 - Received a letter advising of Mediation service \ Filled out and returned 

13th May 2022 - Received a email from SCMReferrals advising of today being my mediation date between 14:00 - 16:00  

 

After making her aware of my points above, she touched on a few of them, the main one being of taking out insurance and the site allowing me to. To which I then went into detail and advised her that should you input 'Laptop, Diamond Ring' etc into the parcel contents box it automatically stops you from being able to take out insurance. However I sold an Aquarium Light and this was input and still allowed me to proceed with taking out the full insurance cover.

 

After this she advised she would now go away and discuss this with EVRi (Evri).

 

I wait a matter of minutes before she came back advising that EVRi (Evri) were willing to settle this today and pay me back my £200.00.

 

For the amount of time this has gone on and the fact I clearly made an error on the MCOL form when submitting it and being on edge thinking the case would go nowhere and I'd just be paid out £36.44, I've agreed to accept this amount. I see it as a win - All be it I've had to spend £35.00 to get it to this point but I'm happy with the outcome. 

 

As for the whole Mediation process - It was very straight forward, extremely easy and I didn't feel at all under pressure by the mediator at any point, she was extremely polite and understanding. Yes it's a lengthy wait process and the whole telephone calls from mediator to myself, to EVRi (Evri) and back took all of 15-20 minutes, but I'd certainly do it all again should I need to. 

[BankFodder]

Thank you for a very interesting and informative summary .

Well done