Drone Stolen - Evri (EVRi EVRi) Ignored my claim.. next step small court

[BankFodder]

Well you have sent a letter of claim with a threat to take action at the end of a certain time scale .

You're only option is to follow through with your threat and to issue the action or else to give it up completely .

It's very unhelpful that the purchaser won't co-operate.

Normally speaking your chances of success would be much better than 95%, but I'm afraid that your purchaser's reluctance to help will reduce that chance to maybe 80% .

That might be enough to prompt EVRi to proceed to court rather than mediation, but I'm afraid that you will have to take that chance .

If you want to go ahead then of course we will help you. And also I think in the claim form you should identify the name of the purchaser and his address .

Once this becomes a public document then we will publish it here as well.

 

 

 

 

 

 

[BankFodder]

The other action you could take would be to sue your purchaser for the return of your money.

That would put a lot of pressure on the purchaser to disclose the crime reference number.

If they weren't able to disclose the crime reference number, then I think that you would win your case against them because the judge would take the view that they were lying .

It's actually might be a better bit than suing EVRi .

If you would like to do that then we can help you there as well .

If they did produce the crime reference number then you could go ahead and sue EVRi

 

 

 

 

 

[andycorleone]

Thanks for your response BankFodder. As I understand it, at this point, the buyer is still waiting for the result of the chargeback he requested on his credit card. my balance is negative on ebay but no final decision has been made.
 

Unfortunately there is very little interaction I can have with buyer’s bank at this point because ebay takes care of all the comunication and ebay only request for me was to upload a picture without any option to add text or anything. 
 

should I wait for the chargeback final decision ? Do I have a time limit to sue Evri or the buyer?

[BankFodder]

I'm doing this on a telephone and so it's difficult to go back and to really remember what has happened .

I understand that your purchaser has been refunded his money. Did you refund it? Or did eBay refund it ?

I don't understand why he is attempting to do a charge back if he has already got his money from either you or eBay?

 

This situation is certainly rather more complicated than most of the courier cases we have on this forum.

 

I'm trying to understand a way forward with the best chance of success.

 

 

 

[andycorleone]

First the buyer opened a claim with Ebay and then moments later he opened a Charge Back with his Bank. When this happens, I can't do anything on eBay (for example, refund it) until the Bank makes a decision.

 

As I understand it I assumed at this time that he had not received any refund because the bank had not approved  chargeback yet. 

[BankFodder]

So it would appear that he is trying to get his money back both from you and also from his bank .

Does that sound correct?

 

[andycorleone]

I don't think that would be possible at this point, because once Buyers Bank approves the charge back in his favour, Ebay can officially collect that money from me (right now is a negative balance,  when it becomes a debt, ebay can officially try to get the money from my bank account ,right now is only on hold)

 

Everything is though ebay,

 

Do you know what i meant?

[BankFodder]

I think you have two options .

You can either sue EVRi in the usual way but of course there is the problem that your purchaser refuses to certify that he did not receive the item and he won't provide you with the police crime number .

Or you can sue the purchaser for breach of contract on the basis that he did receive the item and that he has not paid you .

 

It would then be down to him to let you have the denial of receipt and also the crime reference number .

If you received these, you could then proceed against EVRi. If you didn't receive these, then I think you would stand a very good chance of succeeding in the county court.

 

To bring a case for breach of contract against the purchaser you would have to issue him a letter of claim but also tell him that if he provided you with the information that you needed then you would not sue him. But you would then move on to EVRi but it would be his choice .

This would not be a bluff. If he did not provide you with the information that you needed within the 14 days then you would have to go ahead and sue him .

He would then have to answer to the court and to explain why he wouldn't confirm lack of receipt or the crime reference number .

I think this would put a lot of pressure on the purchaser .

 

 

I think now you have to choose

 

 

 

 

 

 

 

 

 

 

[andycorleone]

Hi, I'm going to proceed to sue EVRI. My next step is create a Money Claim, This is the explain of my Claim. Could you please checkif is look OK? Thanks

 

The claimant used the defendant company to post a DJI Mavic Air 2 Drone to postcode ###-###.  paying extra for the optional Sign on Delivery service. The value of the item is £550.  
The parcel was dropped off at the EVRi-EVRI ParcelShop as directed on 15/03/2022 The parcel was collected by EVRi-EVRI the same day.
The pacel was delivered Emty at the destination without requesting any signature.
The defendant breached the contract by losing the items and refuses to compensate the claimant.
The claimant claims full reimbursement of £555 (item value plus delivery fee ) plus interest pursuant to section 69, County Courts Act 1984 plus Court Fees
 

[BankFodder]

Sorry but to save me going back through the thread, can you just repeat very quickly here what happened. They dropped the parcel off and then it disappeared – is that correct? Did anyone ever see it?

Also you haven't put in any reference number so they have no idea what parcel you are talking about

[andycorleone]

Hi, thye drop the parcel but was empty

[BankFodder]

Might this be more appropriate in that case

 

Quote

The claimant used the defendant company to post a DJI Mavic Air 2 Drone to postcode ###-###. tracking reference number XXX  paying extra for the optional Sign on Delivery service. The value of the item is £550.  
The parcel was dropped off at the EVRi-EVRI ParcelShop as directed on 15/03/2022 The parcel was collected by EVRi-EVRI the same day.
The pacel was delivered Emty at the destination without requesting any signature.
All the evidence suggests that the contents of the parcel was stolen but the defendant refuses to reimburse the claimant.
The claimant claims full reimbursement of £555 (item value plus delivery fee ) plus interest pursuant to section 69, County Courts Act 1984 plus Court Fees

 

Also, I suggest that you check your spelling carefully before you click this offer. I have not corrected your spelling but there are some very important misspelled words which might make it difficult for the court to understand.

Post it up here when you are satisfied and it is properly corrected

[BankFodder]

Did you purchase insurance?

[andycorleone]

On 22/04/2022 at 11:54, BankFodder said:

Did you purchase insurance?

Nope just the Standard 

[andycorleone]

After opening Money Claim weeks ago this week Evri finally responded:

 

 

Their defence

Why they disagree with the claim

1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background

 

2. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer. The Defendant operates “myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated under the ‘myHermes’ brand.

 

3. On or around 14 March 2022, the Claimant entered into an agreement with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the “Contract”).

 

4. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract.

 

5. The Claimant described the goods to be couriered on the order form as ‘Mavic 2’ (“the Parcel”).

 

6. The Claimant stated that the Parcel was valued at £50.00.

 

7. Pursuant to the terms of the Contract, on or around 16 March 2022 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient.

 

8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £7.80 (including VAT).

 

9. The last tracking point for the Parcel was on 16 March 2022 as delivered. However the Claimant states the Parcel was damaged when it arrived. The Claim Value

 

10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £625.00.

 

11. Yet, the Claimant seeks to recover £325.

 

12. The Claimant is put to strict proof as to the value of the claim. The Defence

 

13. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.

 

14. This Defence is a response to the Particulars of Claim which are set out in the ‘Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim

 

15. The first sentence of the Particulars of Claim is admitted.

 

16. The second sentence of the Particulars of Claim is admitted insofar as the Claimant entered into an agreement with the Defendant for the use of its delivery services.

 

17. The third sentence of the Particulars of Claim is admitted.

 

18. The fourth to sixth sentences of the Particulars of Claim are neither admitted nor denied as the Defendants tracking does not show that the Parcel was damaged/ tampered and the Claimant is put to strict proof. Limit of Liability

 

19. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence.

 

The relevant provisions state:- 18.1 Clause 4.2 “any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (“Compensation”).”

 

18.2 Clause 4.3 “Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.”

 

18.3 Clause 5.2 “Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: i) £20 ii) the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges. "Charges" are defined as “the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.”

 

18.4 Cause 5.3 Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges.

 

18.5 Clause 5.4 “Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of:

 

i) the amount of Full Cover you purchased; or

 

ii) the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.”

 

18.6 Clause 5.5 “Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product.

 

To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.” “Postable Product” is defined as “a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.””

 

18.7 Clause 5.6 “The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.” “Full Cover” is defined as “optional enhanced compensation that you may, for a fee, take out when you submit an order”

 

19. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage.

 

20. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £27.80 Claim for compensation

 

21. The Claimant claims £625.00. 22. As explained above, it is denied that the Defendant owes the Claimant £625.00. 

Edited June 23, 2022 by dx100uk
Solid block of text spaced out

[BankFodder]

It will be more helpful if you could post the original up  in PDF format.

 

Thanks

[andycorleone]

 

295MC478-claim-response.pdf

Done

[andycorleone]

Hi Guys, Can I get any help about this? I uploaded the Claim respnse PDF as requested. Thanks 

 

[BankFodder]

The next step is that you should be receiving a directions questionnaire. 

 

Let us know when you receive it .

 

In the meantime, keep on reading the stories on this sub forum, especially the ones relating to the unfairness and uninforceability of the enhanced compensation requirement

 

 

There is so much written on this forum about the uninforceability of the insurance that by the time that you've done some solid reading, you should have very few questions to ask

[andycorleone]

Thaks for you reply,  So I guess I will received the "directions questionnaire" after I proceed with the claim and agree to mediation right? 

[dx100uk]

No other way around 

 

100's of evri claimform threads here, detailing exactly the process, you just need to read a few.  We are a predominantly self help free unpaid voluntary group 

 

Dx

[andycorleone]

I received a mediation appointment for 2 weeks.

[BankFodder]

Keep on reading the stories about the uninforceability of the insurance requirement .

Hold out for every last penny. Don't give up even the slightest.

 

 

We have two judgements in which the judge in each case has confirmed that the insurance requirement is unfair and uninforceable .

We already have one transcript and we should be receiving the second transcript fairly soon.

 

If they won't give you every last penny then tell them that you will go to court and we will be providing you with the transcripts of both judgements and that will be extremely persuasive to the judge