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    • Just a few suggestions -  I wouldn't be listing the attachments in your index. Just say exhibits then have a page of an exhibit index right before the exhibits start move the defendant's evidence bit above the the previousy reported cases. I believe if you look at the macbook case, you will see similar I also think for the issues in dispute and not in should be short bullet points not full on sentences (for example point. 8 paragraph 3 isnt an issue in dispute or not its just an explanation - the list of dispute/not in dispute should be short and concise. Information about the points should be in your wintess statement. Also on page 3 you switch between bulet points and numbers, I think you shoud be using numbers throughout so you can refer to it much easier.  Also I'm not sure why you have put your issues in dispute as part of your witness statement. I would be putting this as a seperate page before your witness statement. point 25  - I would add something that says something similar to "The Defendant cannot rely on a contract they have not provided to exclude their liability" I also see lots of switching between I and the claimant. Its a mere point of how it reads but I think you should stick to one or the other not use them interchangeably. Also, I would say that your WX should have your name at the bottom above the signature. I'd also change the wording on page 8 to be just "Exhibits to witness statement of YOUR NAME" Just my thoughts and vast majority are just about the formation rather than the content
    • Hi, yes i did claim interest in the particulars of claim. I just thought it needed to also be mentioned in the WS - if it doesn't need to be in WS, then happy to take it out. @jk2054 yes, blue font is only used in the draft WS so the amends are easily visible. Final version of WS will be in black font.
    • If you didn't specifically claim interest in your particulars of claim then you won't be able to claim it
    • I couldn't agree more Maffster. I really hate when I read the sanctimonious bullshine from the likes of the BPA and the IPC when trying to justify the existence of their industry. This is from the new IPC Code of practice "This updated Code of Practice for members of the International Parking Community (the IPC), the parking trade body that drives up standards across our industry, will create a better parking experience for the law and rule-abiding majority of those who use our members’ car parks, whilst ensuring that those who flout the rules are encouraged to change their behaviour." Do they really believe that they are driving up standards.across their Industry????? They are the depository for some of the biggest rogues . Birds of a feather spring to mind. Hot off the Press. Apparently Excel has just switch ed from BPA to IPC. Above the headline there is a statement from BPA. BPA says appeals service is independent and scrutinised.   You would think that it would be something that was welcomed by an honest, transparent car park company........
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EVRi stole my parcel


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Hi,

 

I bought a Samsung Soundbar on AVforums and arranged with the seller that I would pay for the courier. This was all arranged and parcel was collected from the seller and in Evri's system.

 

The seller measured the dimensions for me and these were within Evri's guidlines.

 

I didnt take out insurance as didnt see the need for it and was package was well protected, I was willing to take the risk on accidental damage.

 

The tracking history is, was picked uip 12th Sept, local depot 13th and than 14th it went to "Due to the size of this parcel, we've arranged for it to be delivered with a specialist Evri courier and it will be delivered on the next working day" and at the same time "We're sorry, your parcel has been delayed. We'll update your tracking when it's on the way on the next working day" an hour later "Your parcel is being sorted at the senders local depot" and next morning "We're processing your parcel at our hub" and its been stuck on that for the last week.

 

I messaged them two days after the tracking had not moved to chase and got a non answering copy and paste back. I followed this up with a screenshot of questions to them,  asking them to look in to it as been a while, they replied saying it was going to be looked into by X at the depot and than this morning, as expected "Y" has had a look and cannot find it anywhere!

 

I have been reading the forum in the likelihood my gut was right and as a first step, I need to raise this as a complaint to Evri asking for the full price I declared at purchase and if  they fob me off, its a LBA?

 

Is this letter good enough?

 

 

 

Letter of Claim CAG.pdf

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I think you obviously need to do more reading.

Your letter is confused to the extent that it starts off describing itself as a "letter of claim" and then in the final paragraph threatens them with a "letter of claim".

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Sorry this happened to you - same thing happened to me around 14 months ago. Sadly EVRI continues to deliver poor service to its customers. 

 

My opinion is that your first letter should be worded as a 'formal complaint' first rather than a letter of claim which should be the next stage subject to their response to this complaint. It's important to partition where you are in the process in your wording - you aren't at the letter of claim stage yet as you don't yet know their position on your request to refund and compensate you. Also it's still quite early days since you posted the item and so they may ask for time for the item to show up despite the likelihood of it appearing being very small. My advice is to get the complaint in, see if they respond and then next step will be a 'letter of claim'. 

 

Final note, I would recommend not to waste your energy going after things like 'the result of Katie's search' etc - I did the same thing but it's ultimately only the facts that matter at every stage. We all know the search probably didn't happen but it isn't going to be material to your financial outcome and can muddy the waters. 

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You should not be trying to use email.

Write to evri. By royal mail

Get free proof of posting from any po counter.

 

Dx

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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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i have converted your docx files to PDF

docx files have all your details in file info/properties.

 

dx

 

  • Thanks 1

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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Update,

 

Got two support ticket replies literally about an hour apart, first once was this at 12:54

 

Good Afternoon,
 
Thanks for getting in touch with us about your parcel sent with Evri
 
We're so sorry that despite an extensive investigation, we have not been able to locate your parcel.  We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim.
 
During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible.
 
Should you wish to submit your claim, please complete the following online form:
 
 
We thank you for your time and patience on this matter and ask that you provide the required information within 14 days, so we can resolve this as quickly as possible for you. We aim to process all claims within 28 working days of receipt.
 
As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry. Certain items such as liquids are on the prohibited list because they are more likely to become damaged than others and therefore require a specialist carrier.
 
Please note: should you choose to issue a refund before this claim is finalised then you must do so at your own risk. If the parcel is located it will be delivered to the intended recipient and the claim will be closed
 
Kind regards,

 

than got this at 1:24PM,

i was hoping tracking would get updated as read like they had found it but no update, should I wait or send the compliant letter off?  The last sentence was not so reassuring though.

 

They had the same from name but assuming this is a copy and paste of the reply from the depot to CS?

 

Also I bought the item on a forum,, will screen shots of the price agreement do / link to it or a word doc receipt from the seller if my optimism is misplaced?

 

 

Hi X,

 
I’m sorry for the delay in delivering parcel XXXXXXXXXXXXX to your customer. 
 
I work in the local depot and I’m liaising with the team here to get the parcel on the move as quickly as possible.  As soon as it’s with the courier, they’ll notify your customer of the time window for delivery. 
 
If you have not seen any further updates by day 10 please follow your claims process.
Kind regards,
 
 Evri Customer Services"
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so yes sounding like they have found it?

 

dx

 

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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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  • 4 weeks later...

Update

 

They never did find the parcel.

 

I sent off a letter to HQ, not got a reply to it but appears to have been scanned and uploaded to the EVRI ticket system.

 

I got an email asking for info, provided this and today, been paid out £20 plus postage fee and the ticket has been closed.

 

I have messaged to say rejecting the offer and referring to the consumer act.

 

Do I need to give them any further notice before County Court claim?

 

They have come back unduly quickly to the evri ticket today with below

 

"Hi
 
Thank you for getting in touch with us regarding your  parcel and firstly please accept my apologies that you have had problems with this delivery. I am sorry for any distress this has caused you. 
 
I have reviewed your compensation claim as a formal complaint and the decision made was the correct one.
 
I understand this isn't the outcome you were hoping for but this is our final decision on your claim. We will defend our case once this goes to the small claims court in due course."
 
 
This is what I sent
 
"Hello,
I reject your payment of £25 in compensation for my loss and request that you reimburse me my full loss value - I have covered the reasons for why in my letter of complaints to your HQ.
Evri had a duty of care to deliver my goods, this is enshrined in the Consumer act.

To lose a 1 metre object weighting over 8KG is not acceptable and I very much suspect was stolen by your employees.
To force me to buy insurance to cover against Evris incompetence or its employees theft is not reasonable.
There is County Court case law precedent to cover my scenario.

Please reimburse the full loss within 7 days as this has been ongoing for over a month, failure to do so I will commence County Court proceedings for my loss.!
 
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Hey there - your are indeed moving along the predicted timeline for an EVRI parcel loss and you now have confirmation of their (unreasonable) stance. They are choosing to hide behind thier terms and conditions which, as we know, are proving unenforcable at court. As such, it's time to start proceedings and begin your moneyclaimonline process. 

 

Likely, you will be offered mediation which you should accept if you are - you'll likely get the full amount after negotiation. If you don't go to mediation, you can start to prepare your file for court. All of this will take several weeks so best to get cracking now that you've had a robust response from EVRI

 

Keep us posted here - especially if it doesn't go to mediation. Good luck!

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Just quick advise, I sent them a letter of complaint. They have paid basic compensation, which I have rejected in writing and asked them to pay full value or court.

 

Do I still need to do a letter before claim or the fact they have been emppathic enough to go ahead and do the MCOL?

 

Is the below goof enough for the "Briefly explain your claim"

 

On 11th September 2022, I used the services of EVRi Parcelnet Ltd, Trading as Evri of Capitol House, 1 Capitol Close, Morley, Leeds. LS27 0WH to deliver a Samsung Soundbar valued at £300.00 under the reference number C00HHA0258159230 for a 3 to 4 day delivery.

 

Regrettably the soundbar failed to arrive nor has it been found by the defendant, despite their employee saying on the 24th of September 2022.

 

I work in the local depot and I’m liaising with the team here to get the parcel on the move as quickly as possible.  As soon as it’s with the courier, they’ll notify your customer of the time window for delivery. 

 

I have requested the defendants to reimburse me the full loss of the item, which they have declined to do so citing their terms and condition.

 

They have paid me £27.36 made up of

 

Compensation         £20

Refund of fees        £7.36

Total                      £27.36

 

I have made the defendant aware; I reject this amount and expect them to honour their obligations under the Consumer rights act and provide for the actual loss value of the item. I have also made them aware there is case law to support my request for the full value of the loss to be reimbursed but they declined to do so or review the matter.

 

I am asking the courts to award the full purchase price of the soundbar which was lost through the negligence of the defendant.

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your earlier letter was not a letter of claim.

 

yes you need to send one.

 

dx

 

  • Thanks 1

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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Thank you, is this good enough? Should I take the reference to the court cases out?

 

Re: Letter before claim: Missing parcel .....

11th September 2022

 

I write further to your recent response to my letter of complaint refusing to reimburse me for the full value of the loss incur through your negligence and as required by the County Court protocol, I am now writing a letter of claim.

 

As previously advised, I am seeking full reimbursement of the loss of my goods which were entrusted to your care for safe and secure delivery on the 11th September 2022 with a delivery estimate of 3 to 4 days.

 

Despite contrary information to say the parcel had been found, to date, it has not been delivered and I am now at a loss of £300 less the amount you automatically refunded but as advised I have rejected. The breakdown of my claim is below.

 

The amount I am seeking for the reimbursement is: -

 

Loss of soundbar               £300

Postage paid                     £7.36

 

Less unagreed refund        £27.23

 

Amount outstanding           £272.64

 

In addition to the above amount, I will also be seeking any extra costs incurred in pursuing legal action, should it still be necessary.

 

My grounds for pursuing legal action in the absence of full settlement are Consumer Rights Act 2015, I do not accept your insistence that items that are not insured, limits your liability under the above legislation as you have failed to carry out the most basic of the contractual agreement to deliver the item.

 

 

 

 

I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants.

 

Yours Sincerely,

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pre action protocol.

 

100's of LOC here in evri threads

all are the same 

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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I woudl be grateful on any feedback on this, good enough to go? should I take the bit out about the previouse orders?

 

Re: Letter before claim: Missing parcel C0XXXXXX

11th September 2022

 

I write further to your recent response to my letter of complaint refusing to reimburse me for the full value of the loss incur through your negligence and as required by the County Court  Pre Action Protocol, I am now writing a letter of claim.

 

As previously advised, I am seeking full reimbursement of the loss of my goods which were entrusted to your care for safe and secure delivery on the 11th September 2022 with a delivery estimate of 3 to 4 days.

 

Despite contrary information to say the parcel had been found, to date, it has not been delivered and I am now at a loss of £300 less the amount you automatically refunded but as advised I have rejected. The breakdown of my claim is below.

 

The amount I am seeking for the reimbursement is:-

 

Loss of soundbar               £300

Postage paid                     £7.36

 

Less unagreed refund        £27.36

 

Amount outstanding                  £280.00

 

In addition to the above amount, I will also be seeking any extra costs incurred in pursuing legal action, should it still be necessary as well as interest at 8% from the date the item should have been delivered by – 16th September 2022

 

My grounds for pursuing legal action in the absence of full settlement are Consumer Rights Act 2015, I do not accept your insistence that items that are not insured, limits your liability under the above legislation as you have failed to carry out the most basic of the contractual agreement to deliver the item.

 

 

 

 

I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants.

 

I can provide payment details on request via email – XXXXX

 

If I do not hear back from you within 14 days, I will issue a money claim without any further contact.

 

I hope this will not be necessary and we can save all concerned from the unnecessary time and effort to resolve this through the County Court.

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  • 4 weeks later...
  • 4 months later...

Hi all,

 

I made the MCOL application and EVRI asked for extra time and now have refuted the claim and asked for mediation.


The difference in the value of the claim and EVRI website is I put the retail value of the item in but actually only paid the £300, it was brand new, cheap as seller had it as a freeby.

 

I am happy to go to mediation and should I?

 

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 11 September 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 a Soundbar (“the Parcel”)

 

6. The Claimant stated that the Parcel was valued at £600.00.

 

7. Pursuant to the terms of the Contract, on or around 12 September 2022 the Parcel was collected from the Claimant by a self-employed courier on behalf of the Defendant in anticipation of delivery to the recipient.

 

8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £7.36 (including VAT).

 

9. The last tracking point for the Parcel was on15 September 2022. There are no further tracking points after this date and therefore the Defendant accepts that the Parcel is lost. The Claim Value

 

10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £600.00.

 

11. The Claimant seeks to recover £326.48.

 

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. Paragraph 3.1 and 3.2 of the Particulars of Claim is admitted [insofar as the Claimant entered into a Contract with the Defendant.

 

16. Paragraph 3.3 to 3.7 is of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. Limit of Liability

 

17. 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:-

17.1. 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”).”

 

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

 

17.3. 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.”

 

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

 

17.5. 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.”

 

17.6. 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.””

 

17.7. 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”

 

18. 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.

 

19. 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 £27.36. Claim for compensation

 

20. The Claimant claims £326.48.

 

21. The Defendant has already offered the Claimant £27.36 in full and final settlement of this matter. Which is the full amount the Claimant is entitled to under the terms of the Contract.

 

22. As explained above, it is denied that the Defendant owes the Claimant £326.48.

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