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EVRi (EVRi) "Lost" £350 parcel then "delivered" months later!


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Hi All,

 

Firstly, thank you to the contributors on this forum for such good advice regarding the small claims process!

 

I sent a large parcel on 12th December 2021 that sold on ebay for £350 (I stated the value was £700 on the parcel information form - which is what it would cost to replace).

Confirmed as Lost by EVRi on 4th January so I refunded the buyer £350 and began the Lost parcel process with EVRi (for the £350 sold price), with a link to the ebay auction as evidence.

Followed up with the Letter of Claim and then pursued via Money Claim online after no response again.

 

EVRi filed a defence on 8th April stating that the parcel was delivered on 6th March! - Signature obtained - Household. Therefore they have fulfilled their contract and the parcel was just Late Delivery...

 

I have contacted the recipient - they were out of the country until 14th March, the parcel was left on the doorstep (not delivered and no signature obtained), broken into and damaged by an individual as well as damaged by the weather to an unrepairable state. I have also received evidence of this from the recipient.

 

How can I reply to their defence with this new evidence? will it be considered at mediation or should I go straight to a hearing?

 

Thanks in advance

 

 

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Please start off by posting up the claim form and the defence in PDF format

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Are you not able to post your documents as a single file multipage PDF?

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No, sorry, my Mac isn't recognising Page 3 and 4 as documents for whatever reason.

 

I've tried multiple times.

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ofcourse you can

read our upload guide 

and use the online websites listed there.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unusually for me I played Mr Nice Guy and combined your documents. However, for future documents please follow the instructions given by my site team above.

For the moment I suggest that you continue to mediation. However, write to EVRi and tell them what has happened and enclose the evidence.

Tell them that you will be continuing the action against them and you are still prepared to join in in the mediation process but if they cause any problems then you will go on to trial but you will amend your claim to disclose what has happened subsequent to its issue and you will explain to the court that all of this has been brought about by EVRi own negligence and breach of contract.

One EVRi that if they oblige you to do this then amending the claim could cost as much as £250 and you will add that fee to the value of your claim.

Therefore you should recommend to EVRi that it is in their interests to settle for the full amount claimed including all your court costs at mediation or before then in order not to waste anybody else's time.

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