Typical packlink/Evri story - lost £600 Laptop sold on ebay,Evri court claim issued , mediation failed.***Settled***

[wonker]

First off, thanks for this great resource, it is fantastic and I (and I'm sure many other people) really appreciate the work that you do.

 

To keep a long story short, I sold my laptop on for £600, dropped it off at an Evri drop-off site (pickup confirmed on their tracker) and then it went missing.

 

Went through the rigmarole of going to Evri's support to chase, being directed to Packlink who investigated and they admitted that the package had been lost. Packlink subsequently offered me £26.74 of compensation, which I refused as unacceptable but they paid me anyway. 

 

I then raised a letter of claim with Martijn and after that raised the claim for £643.26 (laptop cost £600 with court cost £70, minus the Packlink compensation). I have just been through mediation where Evri me offered £70 to cover the court fees. I said that this was unacceptable, quoting that they were liable under the Rights of 3rd Parties Act, so the mediator went back with that, subsequently coming back to me with a final offer of £110 for the day saying that Evri said that the act was not applicable. I rejected that offer and this will now go further.

 

I am happy to go further with this, but since most of the people on this forum don't get further than mediation, is there anything specific that I need to bear in mind as this proceeds?

[wonker]

I'll definitely keep you updated on what's going on. Obviously would rather settle pre-court, but happy enough to give it a go in court!

[wonker]

'Claim Particulars

 

The claimant by way of Third Party Rights under the Contracts (Rights of Third Parties) Act 1999 is suing the defendant’s courier company which agreed to deliver a gaming laptop ‘ASUS ROG Strix Scar G531GW’ value £600 Ref:xxxxxxxx on to a UK
address, after it was sold on eBay. The item was never delivered and lost whilst in the company’s care.

The defendants have not responded to my Letter of Claim after 15 days.

The defendant's courier company have paid me £26.74 in compensation. This was done without my agreement.

 

The claimant claims full reimbursement of £573.26 (value of item, less £26.74 already received), plus court fees of £70.

The package has been acknowledged as lost by the defendant's courier company on the 30th August 2022.

 

 

defendants defence.pdf

[wonker]

Nothing further was said about their reasoning in the mediation and I don't have anything further from them.

 

The only thing I can infer from their defence is because it was ordered through ebay, but I thought that this was a pretty standard thing.

 

Thanks.

Edited January 15, 2023 by wonker

[wonker]

Hi Bank, Evri have come back offering £400, specifically:

 

'Without Prejudice Offer

 

Dear ***

 

By way of brief introduction I am a member of Evri Legal Department and I have taken over conduct of the attached claim you made against Evri.

 

I write with a view to settle the matter.

 

You are claiming  compensation in the sum of £643.26.

 

Evri’s position is that when you sent the parcel you entered in to a contract with Packlink and not Evri. Therefore, Evri are not liable for your parcel and also have  limited (tracking) information about the parcel.

 

We have been in touch with Packlink and they have advised that you did not take out any insurance for your parcel. Therefore under the contract you have with Packlink the maximum compensation that you are entitled to is 26.74 which has already been refunded.  (Please see the Terms and Conditions attached).

 

Notwithstanding the above, As a gesture of goodwill Evri are willing to offer you £400.00  in full and final settlement of your claim.  Please not that this offer is on a Without Prejudice Basis.

 

The Judge will be expecting both parties to negotiate prior to the hearing. We reserve the right to use this email as evidence of Evri’s attempt to try settle the matter.

 

We also take this opportunity to apologise to you for the issues you have experienced when using our services. Evri

 

If you would like to accept this offer please provide me with your account details at your earliest convenience and I will arrange payment.

 

I look forward to hearing from you.

 

Yours Sincerely,

 

***'

[wonker]

Thanks to everyone who had replied so far, it's greatly appreciated. I'm updating as I finally have some action and a court date and would appreciate some advice on next steps.

Thanks!

Document_Merged (1).pdf

[wonker]

Just trying to cover myself in case I could be doxxed, no specific reasons. Perhaps being too wary?

Edited July 16, 2023 by dx100uk
unnecessary previous post quote removed

[wonker]

'twas indeed.

Edited July 16, 2023 by dx100uk
unnecessary previous post quote removed

[wonker]

Hi Bank, completely understand the need to feed back re: your last message and the importance of it being a resource for everyone. I will update, wherever this journey takes me.

Judy Cobbett sent an email rather than a written letter, which I can pdf. There is a confidentiality footer in it, would that still be ok to post? I just don't want to shoot myself in the foot. And as per your first post, it's not about protecting her necessarily, I don't want it to come back to sting me in court.

I am happy to proceed though, I want to see this through to the end.

[wonker]

Please see attached.

Evri offer.pdf

The following was my response:

'Dear Judy,

Many thanks for getting in touch with me. Unfortunately I do not feel that £400 is acceptable given the value of the lost package, I am still seeking the full amount.

With regards to Packlink advising that I should have taken out insurance for my parcel, I feel that is outrageous and the full expectation is that I should get the service that I have paid for and not to have to insure against the couriers losing my package.

Regards,

***'

[wonker]

Hi,

Just to keep you update, I was given an improved offer by Judy, which I have accepted. I was willing to take this to the end, but unfortunately a few life circumstances have got in the way recently, so I decided to settle for £550.

Thanks for your time and assistance in this, it has been greatly appreciated.

Thanks,

Will