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

[BankFodder]

First of all, we have to ask you to try and keep your posts a lot shorter .

 

We are just a volunteer team here and although we always win, we need to try and get through material quite quickly .

 

Secondly, it is pretty difficult to read solid blocks of text on small screens, especially telephones and so therefore we would appreciate well spaced and punctuated messages .

 

 

I haven't read through your whole story yet, but please restart off by reading as many of the stories on the subform as you can handle over a couple of days. That means lots of them .

 

So, please will you follow the link at EVRi in order to understand the principles involved .

 

Every story goes the same way.

 

You will have to threaten them with a letter of claim.

They will ignore it.

You will have to wish you a claim.

They will go to mediation.

 

At mediation. They will try to save a few quid but you must stand your ground and you will get all your money plus your costs .

 

This is the way that EVRi abuses the taxpayer funded county court system by raising obstacles on the cheap and intimidating people with a court process, which is actually very easy to follow – especially with our guidance.

 

Read the stories and then come back here when you think you are ready.

 

 

 

 

 

 

 

[BankFodder]

It won't hurt simply to send another message to them rejecting their position and telling them that under the Contracts (Rights of Third Parties) Act, you know that they can be held liable – that they know it, and that you know that they know it.

 

[BankFodder]

Do both – although they scarcely read them.

 

[BankFodder]

Okay. Draft letter of claim and post it here.

[BankFodder]

1. No.
2. There are two judgements available on this forum in respect of the unenforceable insurance issue. We have just won a third case on the same issue and we are currently ordering a transcript.
    

Pretty well every case goes to mediation and is settled at mediation so there are no judgements in respect of those. Only successful outcomes

[BankFodder]

No. Just send them a letter of claim.

Post a draft here before you send it off

[BankFodder]

In fact

 

Quote

Dear Sa'diyah,

 

Letter of claim – reference number XXX

Thanks your message.

I know that you have third-party responsibilities under the Contracts (Rights of Third Parties) Act. You know it as well and I know you know it.

If I don't get reimbursement in full within 14 days then I will start a County Court action against you and without any further notice.

Believe me

 

[BankFodder]

Why bother? They've got all the details. They've laid it out in their message to you and they have the tracking number.

Short shrift

[BankFodder]

Letter of claim is fine although a bit less kindness I would have thought

[BankFodder]

Good question – and I don't know.

If I were you I would send it tomorrow and then issue the claim on the 22nd or 23rd – is that 15 days?

[BankFodder]

I would just send it be damned.

They don't care anyway. Issue the claim about 26. It's all online so you can do any time. They can always raise the issue when they acknowledge

Send it by email as well and refer to the letter and tell them that you are sending them the email version for the avoidance of doubt

[BankFodder]

No it's fine. Send it tomorrow and then issue on the 27th.

[BankFodder]

I've made a few edits to give you extra characters if you want.
No need to describe the function of the third party rights act – the judge knows it and if not then you have a problem.

You can use claimant/defendant or pronouns – it's up to you. The most important thing is to get the sense of your claim over and to make sure that the particulars identify a cause of action

[BankFodder]

Yes, you need to put in the tracking reference number. Otherwise they won't know what on earth you are talking about

[BankFodder]

Don't forget that you can't claim interest on the court fee. So it is total claim, plus interest, plus court fee

[BankFodder]

Yes, that comes later.
I think you need to do a bit more reading here because that is dealt with very frequently.

 

[BankFodder]

Some very useful questions there.

We are actively under no obligation to give up any of your rights. If you consider that your rights are for a full and final settlement without giving away single penny and that is what you should insist upon.
I am sure that you have seen in several places that we suggest that the appropriate response is that the advantage to EVRi is that they will avoid a court judgement which will then become victorious and invite further litigation on exactly the same problem.
In other words if they want it to go away silently and they should simply pay up and stop mucking around. 

 

You are giving EVRi an opportunity to settle without the embarrassment of a judgement. That is your flexibility.

You are not obliged to accept a condition of confidentiality – that equally they are not obliged to pay the amount claimed if you will not agree to the conditions.
The only time that you are entitled to an unconditional payment is when a judgement is given in your favour
you will not be criticised or suffer any disadvantage because you refused an obligation of confidentiality.

In fact if you were offered some like this then you can simply point out to them that there is no confidentiality referred to in the claim form. That is not part of the claim and so they are attempting to introduce something new into the equation. You are requiring that they settle your claim – no more, no less.
And it's up to them, either they can give you your money now at least without a recent judgement against them or they can take the risk that a judgement will be given against them containing reasons which will then be published by you on social media to other people and will encourage further claim the same.

Tell them that if they don't like it then they can go and do the other thing.


 

[BankFodder]

Yes, we now have the transcript of three judgements in relation to the insurance issue.

So far as I know, there has never been a trial relating to the third party issue.

 

There may have been other cases on the insurance issue or the third party issue and which EVRi may have won – that they certainly are cases that we have helped on and if people have lost cases against EVRi on these issues, it would be because we were involved, they didn't understand the principles, they didn't present their cases correctly and of course they didn't have our drafted pleadings as part of their arguments.

I would like to think that anybody who begins litigation after having been prepared by ourselves, would win

[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.

 

[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?

[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

[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

[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.

 

[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.

 

[BankFodder]

I suggest that you post up his eBay name and his name here and then send them a link to the thread.

Meanwhile, we have received a donation from you and we are very grateful..

 

I will send you an email later