Evri/Packlink lost parcel - court claim against evri raised ***Settled***

[AndyOrch]

let the system catch up but at first glance looks like EVRi are late filling their DQ

[Santorini]

Help!

I sent my DQ by email (got automated acknowledgement) and by post to CCBC on 13 Feb well in advance of 20 Deb deadline. As MCOL had not been updated on 22 Feb and I was away 23rd-28th I sent a chase email. Also spent an hour hanging on the phone with no answer.

Returned home last night to find a General Form of Judgement or Order saying DQs had not been received. Both Claimant and Defendant had to send in 7 days. I emailed it again last night at 11.30. I can try hanging on the phone this afternoon. What else can I do?

[AndyOrch]

You have your acknolwedgment as proof so the above is the courts error and their problem.

[Santorini]

Thanks. The letter says if the DQ wasn't received in 7 days my claim would be thrown out. Then I am taking on the courts, not just Evri which is more of a hassle. How would I appeal? Should I try and contact them again by phone and just hang on the line until answered?

[AndyOrch]

You could send an email and attach a copy of acknowledgment of submitting DQ and a copy of the General Form of Judgment seeking clarification.

[Santorini]

Yes I have done that. I then hung on the phone and did eventually speak to someone. He said they were a month or so behind processing DQs and the letter is sent out just in case either party had not sent in their DQs. He recognised that this would be distressing to recipients but that was the system.

[AndyOrch]

[Santorini]

Just looked at MCOL.
 

Case Stay Lifted on 03/04/2023

EVRi Parcelnet Limited t/a Evri filed a DQ on 03/04/2023

Case Stay Lifted on 04/04/2023

 

I have never received a copy of their DQ - does that help my case? "What does it mean by case stay lifted"?

[BankFodder]

I don't think that the fact that you didn't receive their DQ matters particularly. It is simply a technicality – as long as it was filed with the court.

Also, it is very early days and your copy could still arrive. I suppose it would be worth chasing them or the court or both on Monday.

I suppose that the case was stayed in order to deal with the backlog of cases. Now they are catching up, the stay has been lifted.

Once again, it shows how under resourced the taxpayer funded County Court system is and how all the more abusive is the EVRi approach to putting everything into the court process as a cheap way of trying to avoid or reduce their liability to their customers and also to discourage customers from even trying to claim for loss parcels.

I'm sure that if this gets to trial, this should be highlighted to the judge. It should be pointed out to the judge that this is how EVRi routinely conducts complaints relating to lost parcels which are apparently un-insured – even though they are fully aware that they have four judgements against them that made it clear that the insurance requirement is unlawful.

 

[Santorini]

I received my mediation slot today, 24 April. My case is on the Third Party Contract, not insurance, so I'll brush up on the law as their defence is tat I have no contract with them.

The guide to mediation says "All mediation appointments are confidential involving the parties or their representatives and the mediator. Any resulting settlement includes a standard confidentiality clause". Does this mean that we cannot/should not tell others the settlement ie on here or elsewhere. or just that it cannot be brought up if it goes to court?
 

Also I've gone over their defence just now. Posted above in this thread. Their defence is that there was no contract etc. But point 8 reads "the tracking information indicates that the parcel was delivered on the 15th December". That would be their main defence if it was true. I have all the tracking information up to 28 November and was in communication after that date as part of the SCC process. I'm thinking it's a cut and paste error. I've contacted the buyer. Any thoughts?

[dx100uk]

That's only for who the mediator etc actually is.

 

Of course you can reveal here as you see everyone does 

 

The mediation is not there to discuss points of law and doesn't .

Simply the conveyancer of messages between you. You don't talk directly to the other party nor hear them and visa versa.

 

Dx

 

 

[Santorini]

Thanks. There had been conversations on here that some might have been told it was confidential and hence not coming back to report.

 

I am now getting a bit concerned about their defence, saying the parcel was delivered 15 December. I've had look at other defences and they admit when the parcel is lost. I wonder how I can find out. The tracking number doesn't work on the Evri site anymore. They last raised an inquiry on 28 November. I'm not sure when I stopped looking at the tracking information on EBay. 

[BankFodder]

The defence was filed on 3 February. It's a shame that this was only noticed just now because you could have had time to ask the buyer and also EVRi to provide evidence.

I think you should write to EVRi immediately and tell them that you require them to produce evidence of the delivery.

When did you contact the buyer?

I'm trying to remember. This was an eBay sale wasn't it?

[Santorini]

Yes absolutely I didn't read the defence carefully enough. An EBay sale. Contacted the buyer today via email and voicemail. I have asked Packlink via website for an update giving the number.

I've uploaded the defence again.
The email address I have for Evri doesn't work anymore. I have the "CEOs". Should I use that?

I hate to think all this fell through because the parcel was delivered and the buyer kept it.

Evri defence.pdf

[BankFodder]

Yes, use any way you can contacting them by email and by post and tell them that despite their defence that the item was delivered on the 15th, you had no notification of this and you are putting them to proof.

Tell them that the buyer has told you that the item was not delivered and that you have refunded the buyer through eBay.

You need to get a paper trail that you have made enquiries and that they have either not responded or have been unable to provide evidence.

If they say that they don't have the data any more then your position is that as they knew that there was a dispute on this matter and a court case that he became incumbent on them to make sure that the data was retained.

You can also ask them for information as to their data retention policy. You need a copy of the policy

[Santorini]

Thanks. I'll wait to see how the buyer responds. If they do, but if they don't that could mean anything.

How long should I wait for a reply before contacting Evri?

 

Dammit.

 

Edited April 5, 2023 by Santorini

[BankFodder]

If the buyer has been reimbursed and then subsequently received the item and hasn't told you then don't expect to hear from them.

However, if you don't hear within 24 hours or so then I suggest that you write to them again and tell them that you have been supplied with evidence by EVRi that it was delivered and that it is now the matter of a court claim and that they may be required to give evidence in court.

Although it's a bit of a bluff, it might move them to respond.

Certainly, if the item has been delivered then I'm afraid that you will have to withdraw your claim and also you will have to bear your own costs at least

[Santorini]

OK thanks.
So could email Evri and say that buyer has said it has never been received, and demand proof, as a bluff too.
Dammit 

Edited April 5, 2023 by Santorini

[BankFodder]

Don't make any bluffs to EVRi. Don't forget there anything that you sent to EVRi you may well be required to present in court. So only tell EVRi what has actually happened or what has actually not happened.

 

[Santorini]

Right thanks. Fingers crossed.

 

[Santorini]

I did a bit more digging and contacted Packlink online and they confirmed that the parcel was delivered 15 December. I have the time, map, signature and photo of the front door. It seems to have been delivered to the wrong address, unless the buyer had requested this, and the signature does not look like the buyer's name. So I have to withdraw.

Still I found this site and know the process if it happens to me again.

 

Thanks for all your help.

[BankFodder]

If it was delivered to the wrong address – then it was not delivered.

There is no reason to withdraw your claim – unless you have some other reason.

 

[Santorini]

I'm not sure it was delivered to the wrong address. But I have discontinued it as it was much less likely to have a positive outcome now.

But thanks for all your help.

[Santorini]

I thought I'd give an update on my case.

Background - Evri admitted losing my iPhone parcel 28 Nov. I stated a MCOL claim and was within a week of the mediation date when I read their defence carefully and noticed that they said it had been delivered 15 Dec.

 

I checked with Packlink and they provided proof of delivery. I got in touch with the buyer through EBay and after a  few messages he admitted he had it and had opened it but had not let me know, against our agreement. He wanted me to collect it or pay for postage. He did not think he'd done anything wrong.

 

After communicating with EBay they said this was tantamount to theft and/or fraud and I should contact the police. As it was over 30 days there was nothing they could do apart from advise him to return it.

 

I sent a message to the buyer saying that after I came back from holiday I was contacting the police. No answer at all then or since.

I was considering contacting the police on my return when I got an email from Evri, quoting the MCOL case number and attached my claim. They offered the full price of the parcel but not the claim fee. I accepted and have the money. How daft is that - they did not even check to see if the case was still ongoing?!

I still don't know whether to contact the police about the theft of the phone. No message from the buyer. 
 

 

[dx100uk]

well done

 

id not bother with anything now.

 

please consider a donation to keep us here.....

we are free

we dont get paid

but our server providers nad hosting site dont understand!!

 

dx