Another Evri delivery problem - court claim issued

[BankFodder]

It is thorough and detailed but do you think it will fit into the word limit?

 

[Judocol123]

Yes seems to fit ok. I am filling in the claim form at present.

On the claim amount, can i claim for postage costs delivering my claim form. Also when filling in the time line, how detailed should I go.

Regards  Colin Smith

[BankFodder]

It's difficult to answer how detailed your timeline should be. I don't think you need to cross every T or dot every I. Just a reference to the most important points – when you sent the item, when things started to go wrong, when you make your first complaint, when you sent your letter of claim. That's probably about it.

You're talking about postage costs delivering your claim form. Isn't this all done online? Are we talking about the same thing?

[Judocol123]

Hi, I have now submitted my online claim against Evri. I will keep you posted as I progress.

 

 

Many thanks for your help.

[Judocol123]

Quick update on my court case.

Evri have just asked for an extra 14 days to submit their defence.

 

It was expected. Just dragging it out like they do.

[Judocol123]

Hi I got my SAR back from Evri. Reading through it all, I have found out what happened to my parcel. There was an internal email, that reads. the case that I packed my goods in was empty. So contents obviously stole. This is not information they were going to supply to me. How best should I use this information in my court claim?

[BankFodder]

When you say that this is not information that they were going to supply you, are you saying that this was written in the file? Or is this something which you have surmised?

[Judocol123]

This is written in the information returned through the SAR. Never sup[plied to me through tracking or correspondence with EVRI

 

 

[BankFodder]

Would you mind quoting here the words which were used and which apparently indicate that they weren't going to tell you about the theft

In fact maybe you could post up the page of the particular document in PDF format

[Judocol123]

Sorry, I think I must have written it poorly. They haven't written they are not going to inform me of the theft. It just states that my package was empty. During this whole process, they have never given me  this information. They only stated that my package had suffered damage.

[BankFodder]

Please can you post up a copy of your final particulars of claim in PDF format.

[Judocol123]

Evri has been in touch with regard to mediation. when refusing this, what is the best reasons to use.

 

 

[BankFodder]

You say they have been in touch but you haven't given this any information about it.

How can we advise you if you don't tell us what has happened

[Judocol123]

Response received on: 12 April 2023 at 12:33PM

1. Defendant’s details Name Evri Limited Address EVRI CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH Email evri.claims@EVRi-europe.co.uk

2. Defendant’s response to the claim Defendant’s response I dispute all the claim Why they dispute the claim 2.1. 1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely.

2.2. 2. The Defendant serves this Defence subject to the following objection to the manner in which this claim is brought. The Particulars of Claim fail to provide details about any contractual relationship which is alleged to exist between the Claimant and the Defendant.

2.3. Background

2.4. 3. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services on a business to business, business to consumer and consumer to consumer basis.

2.5. 4. In addition to providing delivery service to its own customers, the Defendant also works as a subcontractor to provide delivery services to customers of PACKLINK Shipping S.L (“Packlink”) who are a company registered in, Spain with the number CIF xxxxxxxx whose registered address Claim number: xxxxxxxx

For further details of the courts www.gov.uk/find-court-tribunal © Crown copyright Page 2 of 6 is Calle Amaltea, 9 28045 Madrid pursuant to a pre-existing commercial agreement to carry out delivery services.

2.6. 5. Packlink provides delivery services to users of the online auction site /retail site ‘eBay.co.uk’. eBay.co.uk users can opt to use the Defendant’s delivery services via Packlink. This means that the Defendant does not have any contractual relationship with Packlink ‘s customers. They, as is the case with the Claimant, contract solely with Packlink.

2.7. 6. As there is no contract between the Claimant and the Defendant, the Defendant only has limited tracking information about the parcel.

2.8. 7. The tracking information shows that on or around 31 January 2023 after the parcel was collected from the Claimant by a self-employed courier on behalf of the Defendant.

2.9. 8. The last tracking point for the Parcel was on 6th February 2023. The Parcel could not delivered as it was damaged in transit.

2.10. The Claim Value

2.11. 9. The Claimant seeks to recover £279.48.

2.12. 10. The Claimant is put to strict proof as to the value of the claim.

2.13. The Defence

2.14. 11. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.

2.15. 12. This Defence is a response to the Particulars of Claim which are set out in the ’Reasons for claim’ on page 2 of the claim form.

2.16. Claim Form – Particulars of Claim

2.17. 13. The first to sixth sentences of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof.

2.18. 14. The seventh to fourteenth sentences of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof.

2.19. No contractual relationship

2.20. 15. There is no contract between the Claimant and the Defendant.

2.21. 16. The Claimant entered into a contract with Packlink.

2.22. 17. This was made very clear during the order process.

2.23. 20. The Claimant should desist with this claim and contact Packlink.

2.24. Claim for compensation

2.25. 18. The Claimant claims £279.48. 2.26. 19. As explained above, it is denied that the Defendant owes the Claimant £279.48. Claim number: xxxxxxxxx

For further details of the courts www.gov.uk/find-court-tribunal © Crown copyright Page 3 of 6 3.

Mediation Willing to try mediation Yes

4. Statement of truth I believe the facts stated in this response are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Company: Name: Judy Cobbett Role: Legal Department 12 April 2023

What happens next

Settle the claim

Unless you’ve been asked not to, you can still contact defendant directly. If you can reach an agreement you may not have to go to a hearing.

Mediation If the defendant has asked for mediation then the claimant will be asked if they want to mediate.

If the defendant hasn’t asked for mediation then the case will be reviewed by a judge and might go to a hearing.

The claimant and defendant will be contacted if a hearing date is scheduled and it will be explained what they need to do to prepare.

Response received.docx

[BankFodder]

I asked you in an earlier post if you could put up your final particulars of claim in PDF format.

[BankFodder]

Also, please can you give us an actual copy of their defence rather than some Microsoft word version. In PDF format please

[BankFodder]

Still waiting for these documents please

[Judocol123]

Sorry i have been away. can't post yet, because I have no way of redacting the PDF.

Evri asked for Mediation that should have taken place yesterday. Mediation failed because Evri didn't answer the phone.

 

Regards

[BankFodder]

The next step is that there will be a court date. Please let us know .

Also, please sort things out and post the documents we have requested

 

[Judocol123]

Just a quick update. Bundle for court has been sent to court and Evri. I am now just awaiting a court hearing date.

i will keep informed of how it progresses.

 

Thank you again for your help and support from this group.

[Judocol123]

Evri, have now sent an email offering the full cost of the goods stolen.

I declined this offer. stating I need court costs, my costs, torts payment, Bundle preparation.

Lets see what they say

 

Regards  Colin

[BankFodder]

Good for you for standing your ground.

I'm afraid any costs relating to the preparation of a bundle would probably be unrecoverable but certainly you are right to stand your ground for the rest

Please can you post up the email that they sent you

[Judocol123]

Dear xxxxx

 

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.

 

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.

 

Notwithstanding the above, Evri are taking your word in good faith and , as a gesture of goodwill Evri are willing to offer you the value of your parcel which you told Packlink was £120.00 and £5.20 postage. Total Offer is £125.20 in full and final settlement of your claim.

 

[dx100uk]

if you read upload it tells you how to make multipage pdfs.

dx

 

[BankFodder]

Are you telling us that this message you received was unsigned?