@evri - empty box for Samsung S21 Phone - court claim issues *** Settlement pre hearing***

[BankFodder]

If you are going to make a claim then probably the most effective thing to do is to claim against EVRi for the non-delivery/stolen item – but of course it will require some evidence.
There seems to be no dispute that your parcel was delivered to the correct address and the question is whether the parcel was tampered with and whether in fact it was empty.
Is it possible for you to get any photographs of the package from your purchaser?

Did you purchase the so-called insurance from EVRi?
Have you approached EVRi about this?

[BankFodder]

Okay. This is certainly stuff that we have heard before and I suggest that you begin by looking around for stories of the same kind of thing happening – parcels arriving at their destination empty.
You may find some stuff in the press as well. Try to get yourself a good collection – several instances of this happening by way of evidence.

If this goes to court then you will have to do convince the judge that it is more likely than not that what you are saying is what actually happened. This is not such a heavy burden as a criminal burden which is "beyond reasonable doubt".
In civil cases, the standard of proof is simply – more likely than not – which probably ought to mean that it is 75% likely that what you say did happen.

If you can get a statement from the purchaser as well then this will help a lot.

Begin by making a complaint to EVRi about it. Tell them that you want reimbursement. Don't set any deadlines but if you don't hear anything after about 10 days or so then come back here and let us know.

In the meantime decide whether or not you are prepared to take this to court.

Have a look at the EVRi stories on this sub- forum so that you can understand the route.
I expect EVRi will defend on two issues – that you have insufficient evidence to prove that what you're saying is true and that in any event you didn't ensure the parcel.

The insurance argument is dead in the water – but read up on this sub- forum about why the insurance requirement is unfair and unenforceable.

And as I said, understand enough about it and your possible losses in terms of court fees that you are prepared to go ahead and sue them for your reimbursement.
Don't imagine that they will simply pay you out without court papers having been issued – and if they consider that you don't have sufficient evidence that the parcel was delivered empty, then there is quite a good chance that they would simply go to court.

 

[BankFodder]

You say that you are waiting for a response to a claim form .

Does this mean that you have issued a court claim?

 

[BankFodder]

Probably about time to send a letter of claim in that case.

I don't think there's anything you can do about eBay

[BankFodder]

The letter is fine. Brief and to the point.

I suggest that you send it as is

[BankFodder]

Yes you need to include your contact details so they can get back to you – although don't hold your breath that it will be anything interesting.

In terms of email or post – I have no idea. Just get it to them

[BankFodder]

Send them a letter of claim and prepare to take action in 14 days.

 

Post a draft of your letter of claim here and also your eventual particulars claim

 

[BankFodder]

I don't see a copy of their response which you say you have posted – but it's all predictable anyway.

Yes, issue your claim that please post a draft of your particulars here first

[BankFodder]

You have to post it again because that last one doesn't work.

Next time you upload something please will you check that it works correctly

[BankFodder]

Quote

The defendant in this case is EVRi Parcelnet Limited trading as EVRI.
The claimant used the defendant's courier service to deliver a mobile phone value – £440 to a
UK address. Reference number xxxxx.
The defendant breached the contract by damaging the parcel and losing the item.  The
defendant photographed the damaged parcel at the time of delivery on 18th February 2022.
The defendant refuses to reimburse the claimant to the full value of item.
The defendant's requirement that they must be made aware of an issue within 28 days of their
service against the defendant’s own negligence or the criminality of its employees is unfair
within the meaning of the Consumer Rights Act 2015 and is designed to deprive their customers of their statutory rights and therefore unenforceable.
The claimant seeks the value of the item of £440 plus delivery fee of £9.50, plus interest
pursuant to section 69 of the County Courts act 1984.

 

[BankFodder]

Post up the defence in PDF format when you receive it.

[BankFodder]

Firstly I don't know what you are referring to when you start referring to a "criminal court".

Secondly, hang tight. They never miss a deadline but if something exceptional happens and they don't file a defence on time then it is up to you to go to your money claim account and to request judgement immediately. Don't let a minute pass after the expiry of the deadline if you have an receive the defence.

If you apply the judgement then you won't need any photos or anything else at all.

However, it seems to me that you haven't done your reading of the stories on this sub- forum. If you had then you would know that they always file at the last moment and you would then know that the next step would be to post up the defence in PDF format and then to wait for the directions questionnaire.

 

[BankFodder]

They say that when you sent the item, you declared the value at only £20.

We haven't heard about this before. What would you like to say about it?

[BankFodder]

I do wish you wouldn't talk gobbledygook all the time. You aren't in a court room here and even if you were, you would have to explain things in a way that everybody would understand.

The basic question is – was the value of the item correctly declared? In their defence they very clearly say that you declared the item at £20

[BankFodder]

As long as they don't have evidence that you declare the value of £20 then you are fine. However, if they do then your chances of success are probably remote.

You will certainly have to rebut what they say in the defence. I don't think I've seen a defence worded in that way. That will have to be at the top of your witness statement/skeleton argument.

They will also emphasise that point in the mediation proceedings. Did you take any screenshots of the booking and the value et cetera?

[BankFodder]

Ok. Make sure that you are familiar with all of the likely arguments and be prepared to stand your ground to the very last. Penny .

Making very clear that if they don't want to settle your claim in full then you are happy to go to court .

 

Be aware that you may come undo pressure from the mediator to compromise. You should tell the mediator that you consider that they are acting out of turn as they are simply there to carry messages for one side to the other