EVRi EVRi EVRi has 'sucessfully' lost my Graphics Card ***Court Claim Settled***

[Devid_81]

Hi all,

 

I have jumped into the same boat as some others here on the forum.
After many successful parcel sent by EVRi Hermes this time they have lost my parcel.
Of course silly me did not purchase full cover for it, and of course this time I was silly and brave enough to send a parcel that costs over £1000 with them first time ever and there you go...

 

My long story is:

 10 Feb 2022
    6:36am

    At the national sorting hub

    9 Feb 2022
    8:11pm

    Entered the EVRi EVRi EVRi EVRi EVRi Hermes network

    9 Feb 2022
    12:14pm

    Collected from the ParcelShop

    8 Feb 2022
    5:36pm

    Dropped off at the ParcelShop

    8 Feb 2022
    5:20pm

    Order placed

    8 Feb 2022
    5:20pm

    Tracking number provided

After 10th of February the parcel started to come and go between wrong sorting hubs.
The parcel was supposed to be delivered by 12th of February which obviously never happened.

On 13th of February my purchaser started asking about the parcel and asked me for refund instead of waiting for the parcel to ever turn up.
After a few days of emailing to EVRi Hermes asking what is going on finally I had my answer, the parcel had been sent to wrong locations which was clear based on the tracking anyways.
I had asked EVRi Hermes to re-rout my parcel back to me as my purchaser did not want it anymore.

On 17th Feb 2022 at 4:51pm there was a new update: 'Label Reprinted'
On 19th Feb 2022 at 6:38am there was again a 'Routed to incorrect depot'

 

On 21st Feb at 07:04am my purchaser was fully refunded by me through Ebay.

 

On 23rd Feb 2022 at 12:42pm there was the last 'At the national sorting hub' update.
And since 23rd Feb the only updates are: 'Claims code issued' and 'Enquiry resolved' like a lot of them.

After long emails to EVRi EVRi EVRi EVRi EVRi Hermes the final answer was received by me on 09/03/2022 02.42 PM saying 'Unfortunately this parcel has become lost in transit.'

On 17/02/2022 02.12 PM I had received the following:
'I would like to also process a refund of the postage fee paid and as a gesture of good will, I would like to increase this payment to £20.00'

However a couple of days later I had sent my bank details to EVRi EVRi EVRi EVRi EVRi Hermes and I had received that £20, nothing more.
At that point I was still hoping my parcel would turn up one day.

Since all of these happenings PackLink has sent me an email about I could start processing my claim with them to have £25 for my lost parcel, I have not done this of course as EVRi EVRi EVRi EVRi EVRi Hermes has lost my graphics card that was sold for £1070 through Ebay and that £25 would not make happy at all.

I'm now preparing my complain to them, as the first step of kicking back.
I'm more than happy to upload it to here before I send it for them for you to see if all ok etc.
Second step will be the letter of claim and wait for 10 days and after will start filling the small claim court form if I'm correct on this one.
I have read several stories here about EVRi Hermes, so it gave me some hope I could have my money back somehow.

 

[BankFodder]

It would be a good idea that we see anything that you are going to send them before you post it off.

I suggest that you start off doing some substantial reading of the  EVRi Hermes stories that we have on this sub- forum.

You will quickly understand that EVRi Hermes will tell you to go to Packlink and that your contract is with them.

You will also understand that EVRi Hermes will say that you didn't take out the insurance and so therefore all you are entitled to is the £20 standard cover.

After you finish reading, you will understand the arguments in respect of both of those points.

Although you will see that most of the stories so far we suggested an initial letter of complaint, this is such a useless waste of time that I would suggest you go directly to the letter of claim.

Read the stories.
Post your draft letter of claim and then we will go from there.

[Devid_81]

Good afternoon BankFodder,

 

Thank you for your prompt reply!
I'm sorry for the delay in answering and preparing my Letter of Claim, I've just been very busy nowadays.

I believe I've put everything into my Letter of Claim, please see that attached to this message.
The only thing I was not sure is the ‘gesture of good will’ part, As EVRi has paid me £20, I recon that can be subtracted from the total.

Please let me know if there is anything that I have to change or re-word in it.

Thank you for your help!

 

EVRi Parcelnet Limited_Letter of Claim.pdf

 

..

 

[BankFodder]

Presumably you have now sent it off?

[Devid_81]

No, I would not do that without having a green light from here
So how is this claim of mine, would this be ok, or should I reword it or change anything in it?

Edited March 31, 2022 by dx100uk
unnecessary previous post quote removed

[BankFodder]

No just send it.

It's fine

[Devid_81]

thank you, I will drop the letter off at my local post office tomorrow with 1st class tracked etc

Edited March 31, 2022 by dx100uk
unnecessary previous post quote removed

[Devid_81]

Being busy with my kids lately (twins 7 weeks old), but this is how far I've gone so far since last update:

 

8th of April, Letter of Claim received by Evri by post (EVRi)

8th of April Email had been sent with the same Letter of Claim to Evri

 

13th of April Evri had responded and named me Tom Simpson (does anyone know him?)

I had answered to Evri with my phone number and informed them about my name, no reply since.

 

26th of April as of today, Money Claim Online, claim has been filled against Evri

claim_consumeractiongroup.pdf Evri_Reply_Tom_Simpson.pdf

[BankFodder]

Thank you. It just shows what idiots your dealing with.

Please let us know when you receive the defence and post it up here in PDF format.

[Devid_81]

Yeah, it looks like they aren't aware of that who is who and don't even pay attention to reading theirs complaint/claim letter first till the name at least.

However once I receive their defence will upload it here in PDF.

[Devid_81]

Defence_from_Hermes_01_06_2022.pdf

 

Here we go, I've needed to wait a lot to finally read that they won't pay me a penny

 

Any good advice what could I do from here?

Edited June 1, 2022 by Devid_81

[BankFodder]

You should receive a directions questionnaire soon which will ask you if you are prepared to go to mediation .

Tell them that you are .

In the meantime, start reading up all the stories here about the rights of third parties and also about the impossibility insurance .

You should have done this reading already but I suspect that maybe you haven't .

If I'm right then start reading it up very seriously so that you understand the principles

 

 

 

 

 

[Devid_81]

Thank you for your reply BankFodder!

You have suspected it very well, I need to do the reading asap.

I'll be back soon

Edited June 3, 2022 by Devid_81

[Devid_81]

I'm now filling out the Notice of Proposed Allocation to the Small Claim Track sheet and will be sending it back to County Court Business Centre today with 1st class signed and tracked letter.
On the first page under the section of Take Notice That there is something that has caught my eyes:
 

You must by 20 June 2022 complete the small Claims Directions....and serve copies on all parties.

 

To whom should I serve these copies?Evri?

Or is it something that would go to witnesses if there were any?

Sorry but I'm a bit confused

[AndyOrch]

Evri or Solicitor named if acting.

 

 

[Devid_81]

Thank you for your help Andyorch!

All letters sent.

[Devid_81]

Evri has sent their N180 to me just now.

It looks like they are quite busy this year until 31-10-22.

I can upload it in PDF if needed, just let me know please.

 

My paper copies of N180 should be with Court and with Evri by tomorrow if all goes fine.

[AndyOrch]

Quote

I can upload it in PDF if needed, just let me know please.

 

No thanks we have seen plenty...as long as they have not ticked yes to any applications...file away.

 

 

.

[Devid_81]

Your appointment details

Claim number: J4QZXXXX;

Parties: Mr David XXXXX XXXXXXX v Evri Europe Gmbh;

Appointment date: 13/07/2022;

Appointment time slot: 13:00 - 15:00

I'll be back with all details in 2 weeks time how the phone conversation went and what is the outcome.

[BankFodder]

Don't give way on a single penny.

You could email them and tell them that if they are going to rely on the third parties issue that you will be wanting to see a copy of the contract with the parcel broker.

You can make this point in the mediation as well.

[Devid_81]

I did not know this is something that Herpes (EVRi) can provide me just like that!
I will email them before the mediation, as I've got a feeling EVRi will try everything to avoid paying me a penny back.
Thanks for the tip again!

Edited November 10, 2022 by dx100uk
unnecessary previous post quote removed

[BankFodder]

I don't imagine for a moment that you will be able to get the contract but sending them a message about it and telling them that if you don't receive it then you will be asking the judge to force the disclosure might produce some useful pressure

[Devid_81]

Email has been sent to Evri about asking for their copy of the contract with the parcel broker.

If by any miracle Evri answers to that, I will update here.

Edited November 10, 2022 by dx100uk
unnecessary previous post quote removed

[Devid_81]

The mediation has finished.
I have received 3 calls from a Mediator as 'usual'

1st call was about 2pm this afternoon, the Mediator lady introduced herself and told me how the mediation will be processed step by step.

I told her the story, I mentioned my rights in the matter etc.

2nd call was right after the first one only waited like 5 minutes or so, Evri was trying to defend themselves with the usual "you should have gone to PackLink and did not take the insurance, there you go you were a bad boy'
Offer £300, declined immediately, I told her again that I'm a fully contracted party, therefore I'm relying on Right of Third Parties Act 1999, and told her about the unfair insurance scheme etc.

 

3rd call awaited about 15-20 minutes, Evri has changed it's mind a little, but their defense is still with third party issues and because of that the third party right is excluded with this case.
I told her I asked them about the contract with their parcel broker by email, but never received it from them.
Final offer £550, thanks but no thanks, I'll see them at the court with all evidences I've got against them.

Long story short, I was somehow expecting that the court fee will be 'bin-ed', and I would go away with £1050, but £550?
It's a joke, not sure how long it takes from this point to take them to the court, but I'm sure this will be a long story from here.

[AndyOrch]

The claim will proceed to allocation stage next...you should if not already received a Notice of Allocation N157...detailing  the hearing date the hearing fee you must pay by date and the courts directions in preparation of the hearing.

 

Post up once this is received.

 

Andy.

 

 

 

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