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@Hermesparcels - Sold Samsung S21 Mobile Phone with EBay £440 - Item damaged / Empty open box on receipt with Buyer


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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.

 

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  • 2 weeks later...

Evri / Herm es have filed an an acknowledgment of service. Stating they will defend all of the claim.

 

They now have until 13/06/22 to file their defence.

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

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  • 3 weeks later...

@BankFodder

Deadline for Evri is coming up on Monday. 

 

Just wanted to check if I've missed anything in terms of providing evidence by this date as in a criminal court this would be considered an anticipate Non-Guilty plea. 

 

Evri have until this Monday 13th June as they have stated they wish to defend the entire claim. As yet I have not received any correspondence/defence from Evri

 

So far I have issued the claim and provided the summary of key evidence however have not produced any evidence I. E. photos etc. I take it this is provided if or once Evri provide their defence? 

 

I have the photos now ready to go. My key evidence is the delivery photo they took at time of delivery aswell as photos taken from each side of item being sent and received. 


 

My plan is to request a judgement should this still be the case on Monday where I suspect I can then provide the photos? 

 

 

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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.

 

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Thanks @BankFodder.

 

In a criminal court, where defendant enters a non guilty plea you are required to provide evidence whether key, non-key, rebuttable presumptions etc. This is my area of expertise but civil proceedings is new to me. 

 

Well aware of the Evri antics, they appear to wait until the last minute each time from the multiple stories I've read of the last few months. Like I say, just wanted to make sure. 

 

I'll post it up as soon as received for your direction. 

 

I shall request a judgement on Monday first thing should I not receive a response. 

 

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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?

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The value of the item automatically applies a level of insurance at a premium. 

 

To send a parcel undamaged and expect it to arrive in the same condition is a reasonable expectation. Their delivery photo shows this to the contrary. 

 

To state the value and consequent cost for insurance is only insuring the company against themselves losing or stealing the item. 

 

I have paid them for a service to deliver a parcel from a to b. They have failed to complete this by their own evidence and therefore the terms of contract and insurance clauses are irrelevant. 

 

 

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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

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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?

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  • 4 weeks later...

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

 

 

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  • 2 weeks later...

Mediation Today

 

1st Call - Gave brief outline of the claim and confirmed I was happy with mediation.

 

Mediator is going back to EVRi.

 

 

2nd Call - Stated I didn't take out compensation, value of the claim. £24.95 max they would offer.

 

I stated the item was sold the day before which i have item information including the tracking ref, delivery address etc. and that the photo taken by them clearly shows it damaged and ultimately opened/empty. Happy for judge to make a decision. Happy to avoid costs for them not to go to court.

 

 

3rd Call - Offered £300 as this is their maximum they would offer due to their policy?? So in total £304.96

 

Amount declined. Going to court.

 

 

 

They had already stated they were not available until December, sounds like another tactic to make you settle. Will update with the court date.

 

 

 

 

 

 

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This is just myu opinion. But I personally would have taken the £300. Is very clear that by mistake or foolishness you declare the value as £20 they should have some way to prof that in court if they want to and stick to it.  

 

Arrogance blinds people sometimes, When I made a mistake I accept it and learn from it instead of blaming others.   Now you will have to continue with this painfull journey and wait weeks if not months for a resolution. 

 

I wish you the best but me would try to get in touch with the legal department and take the offer of £304.96 ( at leat lossing £140 will make me  more carefull in the future )  otherwise you will keep hitting the same rock over and over again.  

 

 

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