Evri Drivers stole about 80 of our parcels in two incidents in Medway in Nov/Dec

[skyfella]

Hello everybody,

 

I was searching the web to find out what has happened with people making claims in the small claims court and Evri, then I stumbled upon this fantastic forum!

 

We run a small Ebay business and on 28 November and 5th December we had two lots of parcels stolen at depots in Medway, Kent.

 

We did not know anything until around a week later, when many customers were contacting us saying they had not received their parcels.

 

Long story short:

Lots of pointless phone calls to Evri

Some claim forms issued

Operators only willing to deal with 3 claims max

More pointless phone calls.

Emails sent with all the (known) missing parcels with promises of sorting claims, never fully sorted.

Emails sent to CEO several times with no response.

Final email sent stating that court proceedings would start if not answered.

Court case opened on 19th Jan for just over £5,000

25th Jan Evri asked for 14 day extension so they have until 4pm 21st Feb to respond.

 

Our claim is based on the fact that an Evri representative stated to the local newspaper that "All customers affected would be contacted and a replacement or a refund would be issued.", to my mind this is a verbal contract so their £20.00 compensation does not apply. 

 

Some of our items were up to £360.00

 

Somebody finally got back to our emails sent to Martijn De Lange, a chap called Stephen, giving some waffle that all the cased had ben looked into and were being sorted, but some were beyond the claim date(which is not true).

 

We are claiming for some parcels that have been under paid(£20 max), some small parcels that they do not compensate for and some that they say are out of date and for our time and effort in trying to sort out the mess they created.

 

 

Investigation launched after huge sackfuls of Evri parcels found dumped in Beacon Road, Chatham

WWW.KENTONLINE.CO.UK

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An investigation has been launched after huge bags of parcels distributed by delivery firm Evri were found dumped in a known fly-tipping spot.

 

Any advice going forward would be greatly appreciated.

 

[skyfella]

Hi Anybody?

 

I was hoping to get some comments on my plight, but all quiet!

 

I have received the first defence letter from Evri, would anybody be interested in commenting on our situation?

[honeybee13]

Hi. I'm sorry that you were missed.

 

Could you post up their letter please, minus any personal details of yours?

 

HB

[skyfella]

I have attached there defence.

 

Many thanks for taking the time to have a look.

367MC316 DEFENCE.docx

[honeybee13]

Thank you. I'll flag this for @BankFodderwho should be around later.

 

As we don't know much about your case yet, do you have any comments or thoughts on their defence?

 

HB

[BankFodder]

Please can you post up your letter of claim, your claim form in PDF format .

Standby for a response later on today

 

[BankFodder]

Also, if you have received a message from EVRi rejecting your claim then please will you post that here as well in PDF for format .

 

Do you have a comprehensive list of the missing items?

 

[skyfella]

Particulars submitted to court attached

367MC316-claim-form-claimant-copy.docx

[skyfella]

We have a list of all the items, however a good number of them have now been claimed for and we have had the usual £20 maximum claim.  We will obviously have to amend our claim down to compensate for this.  We spent so much time on trying to rectify the mess this caused so we wanted compensating for this time wasted sorting it all out.

 

[BankFodder]

I'm afraid that time wasted trying to sort it out. It's not a recoverable head of damage .

It's not even worth beginning .

 

When I was referring to a list of items I really meant a list of the items which have not been reimbursed and forwards you intend to claim.

 

 

 

[BankFodder]

Also, I asked you if you could post the documents in PDF format.

And also any message you have received which rejects your claim

[skyfella]

On 22/02/2023 at 12:59, BankFodder said:

t's not a recoverable head of damage

Can you explain please.

 

I have uploaded the claim in PDF.

 

We now have claim response form to fill in, and of coarse I have selected for mediation.  Would you suggest requesting a hearing or not if it happens to go further?

 

We have created an Excel fill with all the items missing and their claim status and how much compensation received.  Currently nearly all items have had a claim(some disallowed saying they were submitted too late, but that is not the case).  The disparity with the value of items lost and claims received is approximately £800 at this time. 

367MC316-claim-form-claimant-copy.pdf

[BankFodder]

I'm sorry but I haven't been able to access. You are the documents because you didn't upload them in PDF .

 

Please would you upload them in PDF as requested and then I can bring myself up to date with your position.

 

Other than that, there have been some recent discussions about skipping mediation .

 

They'll probably in about the first half dozen or so of the threads in the sub forum .

 

Please have a look at them .

 

You need to do your reading to make sure that you fully understand all the  issues.

 

 

 

 

 

 

 

Sorry, I see that your latest document may well be the claim form in PDF format.

 

I'll take a look and get back to you later

[BankFodder]

I've had a very brief look. I don't have much time because I have to go out but the first thing which goes to me is that you haven't given the reference numbers on your claim form.

Have you received a defence?

 

Also, I think this may be the new system of the County Court. Could you post up a copy of the claim response form please in PDF format.

Have you looked at the discussions I have referred you to in respect of the possibility of avoiding mediation.

In your situation with this bulk disappearance of your goods, I think it might be a particularly good step to go straight to trial.

It's a shame that you didn't come to us before because I think I would have suggested that you add a claim for conversion of your goods because it is clear that they have been stolen.

You're talking about recovering money for inconvenience. That is not recoverable head of damage – but on the other hand if you could persuade the judge that there had been a theft then I think that you would be in a good position to claim for conversion or trespass to your goods.

You've been here since 2015, I don't really understand why you didn't come to us earlier

[skyfella]

Claim response attached

 

I have looked at the topics, I will go to mediation as it is simpler if they settle with something I find acceptable.

 

On 24/02/2023 at 11:50, BankFodder said:

You're talking about recovering money for inconvenience. That is not recoverable head of damage – but on the other hand if you could persuade the judge that there had been a theft then I think that you would be in a good position to claim for conversion or trespass to your goods.

So to do this I would need to apply for a hearing in person so I can argue the case to the judge, or would it be based on submitting files for the judge to decide on?  Filling in the response is a little complicated as I am not familiar with the procedures.   I think I have until the 10th to get it in, if I get it in earlier does it progress quicker, or will nobody look at it until after the 10th?

 

On 24/02/2023 at 11:50, BankFodder said:

You've been here since 2015, I don't really understand why you didn't come to us earlier

Completely forgot I had found the forum, as I was looking into something for a friend when I joined.

I was just searching for guidance for court action against Evri and the forum came up again in the search results.

367MC316 DEFENCE (1).pdf

[BankFodder]

If you think you are prepared to compromise on the claim then you may as well go to mediation .

 

I have to say but given the extent of the loss- the missing parcels – I would expect the couriers to be very keen to avoid court and to settle at mediation .

 

On the other hand, I think you should hold out for every available penny.

 

The story is absolutely outrageous and I think you should go to trial. I can imagine that they would want to prevent it going to trial and they would even make you an offer before the hearing, although that is not guaranteed .

 

If you had a direct prefarn negotiation then it wouldn't at all surprise me that you could pitch for an additional payment in respect to the conversion and which they might be very happy to pay in order to avoid the publicity.

Once again, I'm not guaranteed – but it wouldn't at all surprise me if it went this way .

I really don't think you should let it go.

 

I expect that there is a story here. Would you be prepared to talk to the press ?

 

I think it would help your case enormously and increase the power of your position .

If you are interested then please email me at our admin email address. Email, not our private messages system .

 

 

 

 

 

 

 

 

 

[skyfella]

Sorry, been on holiday and had no access to the site as it said my connection was insecure(India).

 

I have been in contact with the press (Kent Online), and they have already written an article about my situation and are keen to follow the story if it progresses.

 

I would be very happy to continue talking to the press if Evri dig their heels in, but would be willing to sing their praises if they treat us reasonably.

 

I have sent an email to admin

 

Many thanks

[BankFodder]

Email received. Please monitor this thread for a reply later on today.

By the way, well done on getting the press coverage.

[BankFodder]

Would you like to put up a link to the article on his thread.

I think other people would find it very interesting and also it would give you more publicity .

Only regret about The article is that it seems to validate the need for insurance, which of course we all know is not at all necessary and is simply a scam by EVRi and the rest of the courier industry to separate people from their money and to avoid reimbursing their customers when the parcels are lost or stolen

 

 

[skyfella]

Margate shop boss considers legal action against Evri over dumped parcels in Medway woods

WWW.KENTONLINE.CO.UK

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A small business owner who lost thousands of pounds worth of goods when parcels were dumped in a field is considering legal action against Evri.

 

[skyfella]

I have sent our response today accepting mediation and for a personal hearing.

[BankFodder]

open

[skyfella]

Our case went to mediation, which was a proper waste of time.

The lady phoned me, I explained the situation and the details,  she was very polite and seemed understanding.

She went away and spoke to the Evri representative,  some minutes later she called back and said that Evri could not make any offer as they did not have enough information and said that they had never received any details of the claims.  We had sent an excel file many times to Evri as email attachments when trying to sort out the original situation and the court papers were filled with lots information as well.

We are left with no alternative but to proceed to court.

The court lady did say we could forward her information that she would pass on the Evri team and that we could still settle any time before the court date.

We have received a date for the 6th of September in my local court.

Should we try to settle, or are we better off going to court?

Any advice greatly appreciated

[BankFodder]

Okay your court hearing is in September so you have some time.

Have you had any instructions about supplying a court bundle? Follow the link – court bundle to see what will be required.

I see that this is a claim that you started yourself and then only eventually came to us after the process was well underway.

Although I've had a quick look at your claim – I can see that it simply speaks in generalities and talks about large batch of parcels being lost. No specific, no values – simply some statement that some parcels were worth as much as £347 – or something.

It really is scarcely surprising that this case has stalled. Even way – you are meant to be helping you – can't really make head nor tail of what has happened.

I think that we should start from zero.

Start a new thread please.

Start telling the story in chronological order – bullet pointed a possible – not too much narrative – and then we will go from there.

We will need you to post up your letter of claim, your claim form, and their defence in PDF format.

We will need to draft up something which properly details what has happened in your losses and you will have to supply to EVRi as quickly as possible.

It wouldn't at all surprised me if, when this goes to court on September 6 that the judge simply adjourns it to give you an opportunity to provide a properly structured account of what has happened in your losses.

We might as well do it now

Let's get going