EVRi stolen item, delivered parcel, court date

[Grablicht]

Hello everybody,

long story short EVRi delivered my parcel with its item stolen. It was insured, they denied my insurance claim and I send them a money claim and answered that with a shitty answer. They didn't bother with mediation and I received a court order where I was ordered to send a witness report to the judge and to the other side. The deadline is Tuesday 4pm. I can leave it in person at the court but I can't go to Leeds to deliver it in person. When I send it with first class next day delivery tomorrow morning it will arrive on wednesday according to this: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26 How can I make sure that EVRi gets the witness statement in time? Can I send the witness statement via email to the email adress of the solicitor who answered in the defendants response?

 

doodoo I should've taken care sooner of this but it was such a disappointing doodoo show there is not much fight in me left

 

Any advice much appreciated x

 

 

[BankFodder]

Please will you post up the claim form in PDF format.. The defence in PDF format .

Have you received their bundle of documents?

 

[Grablicht]

Hello Bankfodder,

here are there 2 PDFs. Other than the court order I received after the claim response I haven't received anything else. I wrote the witness statement now and have a few pictures and receipes. How should I deliver them to EVRi?

 

Claim.pdf 263MC773-claim-response.pdf

Edited May 16, 2022 by Grablicht
removed personal information from pdf

[BankFodder]

I'm doing this on the telephone and you have left this to the last moment .

Where does it say that there is a deadline for you to file your documents ?

 

 

 

[Grablicht]

Hello BankFodder,

thanks for looking into that issue for me, I really appreciate it! The deadline was in the court order. 

Court Order.pdf

[BankFodder]

Well, you will have to draft some kind of skeleton arguement and also list out the documents that you are going to include as part of your case .

Follow our court bundle link to get an idea .

Frankly, I don't know how you are going to manage it in time.

You've had this for 3 months. Why have you left it to the very last moment?

 

 

 

[Grablicht]

Hello BankFodder,

I'm battling with depression and I couldn't motivate myself to write up the statement and collect all the papers. I've done that now and I've wrote the index file too. I will drop it off at the court later today and I was planning to send it via email to EVRi today and send it via next day delivery today too just to be sure. I thought that would be enough?

[BankFodder]

I'm sorry about your depression – but you should realise that we all have our own issues here as well and we do our best to help people completely free of charge.
Leaving things until the very last moment like this creates a burden for us which frankly we don't deserve.

If you have done a skeleton argument then please would you post it up here for us to have a look at.

[Grablicht]

I'm really sorry for all the inconvenience I've caused. Your help is much appreciated.

Here is the witness report I've written.Witness Sceleton.pdf

 

It's a long text. Thanks for reading it.

[BankFodder]

Sorry but you will have to start again.

Here is a template which is pretty well what you need but you will have to fill in the XXX in order to tailor it to your need

 

 

EVRI SKELETON.docx

 

I am also posting up a previous judgement which turns exactly on the issue of insurance which I understand is the matter in dispute in your case

OT APPROVED, PPENCHEV, 225MC852, PENCHEV, PARCEL2GO, 07.02.22 (CL) - J v4c Copy.pdf

[BankFodder]

You don't have a lot of time – you better get going.

When you have done it then post it here.

You will have to do get the relevant part of the consumer rights act as part of your bundle.

[Grablicht]

Hello BankFodder,

I've downloaded relevant parts of the consumer rights acts and saved them. I created a table and numbered all of them. I filled out the sceleton template with those numbers where XX was written and filled out any other information. One last thing though: at the end at point 26 there is a sentence:

"Finally, I have included at the end of my court bundle, page xx, a non-exhaustive list of reasons as to why the Defendant’s insurance requirement is unfair"

 

How can I made this "non-exhaustive list" of reasons?

 

Thanks again for your help!

 

 

EVRI SKELETON-1.pdf

[BankFodder]

Please check back for a reply later

[BankFodder]

Quote

Non-exhaustive list of Reasons of Why the Defendant’s Insurance Requirements are Unfair 

 

▪  First, it cannot be correct that the service provider expects the customer to protect – (essentially them, the service provider) – from having to bear the cost of compensating for their own negligence or the criminality of their own employees. This is effectively requiring the customer to pay for the service provider' s breach of contract or to pay for the theft of property while in their care

 

▪ Second, the service provider is required to use reasonable care and skill – and the insurance requirement amounts to contracting out of their duty.

 

▪ Third. The insurance requirement imposed by the courier industry is intended to remove your rights under the Consumer Rights Act that the service provided to you should be carried out with reasonable care and skill. The insurance requirement effectively grants you that right only if you pay an additional fee and this amounts to an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015. (It is worth pointing out that the courier industry insurance requirement is different to warranties and extended warranties – because extended warranties supplement your statutory rights. The courier industry insurance requirement is a very clear attempt to deprive you of your statutory rights unless you pay an additional fee.)

 

▪ Four, where an item is stolen, not only is it a criminal act but also it is an act of conversion – which is a tort. It is unfair to require the customer to be responsible for the torts of the service providers own employees.

 

▪ Five, the service provider is a large well-resourced company and is the better loss bearer.

 

▪ Six, the service provider would be able to obtain insurance on extremely advantageous rates compared to the premiums which are required from their customers.

 

▪ Seven, it is anti-competitive in the sense that requiring the customer to take out what is effectively a warranty, removes the motivation from the service provider to improve their systems or to be more diligent about who they employ.

 

▪ Eight, the customer has no choice in the sense that everyone in the industry is doing it so it is not possible to go to another provider and select a service without that provision.

▪ Nine, The courier industry does have a choice. They have an alternative way of dealing with this. It would not be beyond the wit of the service providers to structure their tariffs differently so that an insurance element is still included but is simply presented differently as part of the basic delivery cost. This would mean that the tariffs would be rejigged – and nobody would ever be denied compensation because insurance element would be built into the system. (Let's face it, this is how insurance works anyway – it's all about loss distribution.)

 

▪ Ten, t would be interesting to know how much of the insurance premiums is spent refunding customers for their lost and damaged items, and how much is simply profit for the service provider.

▪ Eleven, the Defendant is the bailee of the claimant's property and cannot exclude liability 

 

[Grablicht]

Ah thanks BankFooder,

I've added it to my index page and added it to my witness sceleton. Is there anything I have to add? Should I send the paper over via mail to EVRi or is it enough to send it to the email adress which was provided by EVRi solicitor in their defense?

 

Again your help is much appreciated

EVRI SKELETON-2.pdf