Imminent County Court claim against Evri £600 lost parcel ***Settled in full***

[Frooty]

Like so many others, Evri lost a parcel I sent during December.

 

It was not delivered to the correct address, a signature wasn't collected, and the recipient never received the parcel.

 

It was worth several hundred pounds. 

[Ethel Street]

Always interested to hear about claims against Evri. Where exactly have you got to with your claim? Have you issued proceedings yet?

 

Is there anything you want help with?

 

[Frooty]

Hi - many thanks for the reply.

 

I issued a Letter Before Claim on 2nd February to Evri by email and by Recorded Delivery. On the email title I inadvertently called it 'Letter of Claim'. I'm hoping that's not an issue. I addressed it to Evri at Capitol House in Leeds, which I'm hoping is okay too. I'm pretty certain that I'll have many instances of poor or incorrect terminology.

 

I told them I was claiming both the value of the parcel, the postage fee and reserved the right to apply for refund of court costs and any other charges upheld at court if applicable, on the basis that their T's & C's are 'trumped' by the Consumer Rights Act.

 

I advised that I looked forward to hearing from them within the next 28 days - this will end on 2nd March. They did call pretty quickly after receiving the letter, and sent an email on 3rd Feb reiterating that their maximum level of compensation would be £20 (referring to their Ts and Cs) and that they were offering a 'goodwill' payment of £150, which would be their full and final offer and is non-negotiable. I have not yet replied to this, as I have already made it clear that I will accept nothing less that the sum of the value of the parcel plus the postage costs.

 

I think I understand the process, and have read many of what I think are the relevant posts on here, which have been very useful.

 

I am fully prepared to pay the £70 court fees, as I think they should own the issue they created properly and professionally. I'm not a solicitor, but would like to make sure I don't make any mistakes throught this process.

 

For example, in the Letter Before Claim, I gave them 28 days to response.

 

Can I process the Claim via CC now, given their response of the 3rd February, or should I wait until the 3rd March?

 

I'm also keen to establish exactly who I should be claiming against, which I think is EVRi Parcelnet Ltd t/a Evri. (interestingly, I sent an email to the CEO and chairman asking who the claim should be against, and received an email stating that I should continue to communicate with 'Evri Legal Team, Evri 1 Capitol Close.......etc').

 

I don't think I will be claiming against their Legal Team though!!!

 

I'm keen to ensure I have the correct info, the correct replies / responses with Evri, and that any references I make to previous similar cases / judgments (there are two on here that I found) are legitimate.

 

I'm grateful for any assistance, and happy to provide redacted comms if that helps my or anyone else's issues with Evri.

 

Thanks again - I'll happily update on this as I go through the process.

 

[Ethel Street]

How much is your claim for?

 

According to Evri's website 'Evri' is a trading name not a company.  They say "Evri is a trading name of Herme s Parcelnet Limited, Registered office: Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH. Registered in England and Wales No. 03900782" .

 

 

[Frooty]

The value of the parcel is £600, evidenced by the sale details. 

Thanks for confirming the company name, which is as I thought. Much appreciated.

[dx100uk]

3 hours ago, Frooty said:

The value of the parcel is £600, evidenced by the sale details. 

from where?

how did you sell this via ebay or alike?

 

 

[Frooty]

Yes - sold via eBay. I booked Evri directly, rather than through an agent.

[BankFodder]

Please keep us closely up to dated on the progress of your claim.

I suggest that you post your letter of claim here in PDF format so we can see what you sent them. I also suggest that you open an account with the County Court MoneyClaim website and start drafting your particulars of claim but let us see what you are going to put up before you click it off.

I'm not sure if you have told us whether you bought insurance or not. I gather that you may not have done but please will you clarify.

You only needed to give them 14 days. At the end of that. You could have issued the claim. As they have already not you back, you could drop them a brief note telling them that in view of the fact that they have rejected your claim, that you are proceeding to issue at the end of the 14 days from the date that you send them the letter.

 

[Frooty]

Bankfodder thanks for the input.

 

When I get the chance I’ll post a redacted copy of the Letter for Claim.

 

I didn’t buy additional insurance, but from what I have read it doesn’t seem to make much odds.

 

As advised, I’ll email them back advising that the CC action will start after 14 days of issue of LfC given their rejection.

 

I’m pretty frustrated with them that they struggle to answer a direct question with an equally direct reply. 

Of course I’d be happy to share draft particulars of claim prior to submission.

 

At the moment the principle of their actions are more important to me than the money, I’m very happy to accept advice and provide details of how things proceed. 

One query if I may

 

- as soon as they received my recipient’s signed Denial of Receipt Letter, they sent me (via PayPal) the £20 compensation.

 

a) I’ve rejected this by email - do I need to ensure I refund them this?

 

b) can I legitimately assume they accept full liability for the parcel loss, given that they have moved to compensate?

 

The aforementioned £150 had been offered as ‘goodwill’, also rejected.

[BankFodder]

No you don't need to refund it. However it would be a good idea to inform them that it is a unilateral payment and that you will simply be deducting the sum from your eventual claim

[BankFodder]

Also, I think that although we have in the past been advising people to go to mediation, I notice that today somebody has reported a successful judgement in the County Court after a trial and that they had refused mediation.

I think we may start advising people that this is a reasonable course to take. It is clear that EVRi are simply wasting taxpayers money by putting their legitimate customers through a mediation process in order to discourage them.

It's about time that we started aggressively collecting judgements.

We have just been told that there is a 4th  judgement and I am trying to contact the Cagger @Giraphen88 in order to get a copy.  They haven't responded so far but I do hope that they appreciate that we are a community and that we need to share these things for the good of others who are in the same difficulty and are also looking for the free help that we give

[Frooty]

Please find attached the redacted LfC.

I note on re-reading that I mistakenly copied an Evri email, rather than my refusal of their offer. I'm not certain it's important given that they have the email and have acknowledged it by restating their full and final offer.

 

I attach also the two judgements (elsewhere on this forum) that I considered were relevant to this matter.

 

I'll get on an open an account with the County Court MoneyClaim.

 

OT APPROVED, MTILLYER, H5QZ25Q7, TILLYER, PARCELHERO, 25.05.22 (KUT) - J v4.pdfOT APPROVED, PPENCHEV, 225MC852, PENCHEV, PARCEL2GO, 07.02.22 (CL) - J v4c.pdf

 

.LbC 020323 redacted.pdf

 

 

[dx100uk]

ok sorted now

 

didnt realise they were judgements here

i hope the people are ok with their details in the open forum.

sorry didnt realise

[Frooty]

No problem - I'm grateful for the assistance.

[BankFodder]

Thanks for the letter of claim.

Extremely wordy and mostly unnecessary – but anyway it will do. Also, completely unnecessary to give and 28 days. Where did you get that from?

As already suggested, – you should consider sending them a modifying message telling them that the claim will be issued on day 14.

I suggest that you are a bit more careful with your reading sending get things right. It doesn't look good for you and it doesn't help in the long term

 

[Frooty]

Thanks for the constructive criticism. I got the LfC template from here 

Letter before small claims court claim - Which?

WWW.WHICH.CO.UK

---

If you're considering court action, a letter before claim must be sent to the party you're taking to court. Use this Which? template letter to help you.

which contains the 28 days reference. 

 

I'll send Evri an updated message advising that the claim will be issued on day 14 and 

Out of curiosity and for future reference, which elements of the LfC were unneccesary? I'm afraid I've never had to claim against anyone previously.

 

I'll get on with opening a County Court MoneyClaim account tomorrow.

[dx100uk]

well that which for you.

 

its 14 days letter of claim<< click and read.

nothing there in the govt docs say letter before claim, but it's just silly semantics anyway.

 

simply type in evri here.

there are 100's of claims to read.

 

dx

 

 

[BankFodder]

I'm afraid that you only cause yourself difficulties by trying to get assistance from multiple sources .

Not only that, I suspect that you don't even particularly understand most of the things which have been said in the letter which you have sent .

Decide where you are going to get your help from and stick to that. Otherwise they will just be confusion and errors

 

 

[Frooty]

I've advised Evri that given their confirmation of refusal to repay the full amount following my Letter of Claim, I have advised them that I intend to submit a CC claim on 16th Feb. I've created an account on MCOL and have prepped the Particulars of Claim as follows.

Quote

 

"I used the defendant’s courier service to deliver an item with value £600 to a UK address. Tracking reference xxxxxxxxxxxxxx.

 

The item was not delivered to the recipient.

 

The defendants have refused to compensate me fully as I did not pay for additional insurance. The defendant’s requirement that the customer is responsible for insuring themselves against the negligence of courier employees is unfair within the meaning of the Consumer Rights Act 2015 and is therefore unenforceable.

 

The claimant asks the court to note that the defendants' attempt to sell additional insurance cover for the items they have already contracted to deliver is effectively an attempt to sell me rights which I already enjoy as a matter of right under the Consumer Rights Act 2015.

Therefore, the defendant is committing a breach of the Consumer Protection from Unfair Trading Regulations 2008 and specifically paragraph 10 schedule 1 of those regulations

"Presenting rights given to consumers in law as a distinctive feature of the trader’s offer."

 

EVRi Parcelnet Ltd t/a Evri has already unilaterally refunded £20 without my approval so I have excluded that from my claim.

 

I am seeking £580 + interest + court fees of £70"

 

 

I intend to press submit on 16th. Any views welcomed.

Edited February 16, 2023 by BankFodder
edits in red

[Frooty]

Anyone - does the MCOL form need to be signed with a signature somehow - or do I simply type in my name?

TIA

[BankFodder]

You are talking about an online form here. Simply type your name

[BankFodder]

Also, when you eventually get to the stage where you need to consider choosing mediation, I suggest you consider the comments which I have made on this thread:

 

 

[Frooty]

Thanks for the clarification - at the top of this page the form asks

You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here

 

Am I correct in assuming I needn't bother ticking this on the basis that I've already given them a load of info, which will be distilled in due course through the process?

[BankFodder]

That's right. Your cause of action is adequately described in your claim form as it stands. No need to complicate things by feeding them a load more staff which they will ignore anyway.

Keep your claim to a minimum and let them go into any detail they want – although it will be a standard defence and it will be meaningless.

[BankFodder]

I'm going to suggest some changes to your particulars of claim.

Suggested changes are in red in your particulars of claim post above