Evri - Lost 2 ebay parcels approx. £600 - court claim issued ***Settled in Full***

[jmxo]

I did claim interest yes. I also have to spend time and money e.g posting letters recorded, and next year court travel costs etc.

[BankFodder]

Keep a detailed account of any money spent in respect of postage et cetera. They may not be recoverable but at least you can put it to the judge when you win. Keep details of travel expenses.
Make sure you have bills to support everything.

I'm really quite surprised that it is a year away. What court is this? I don't think it's typical

[AndyOrch]

We have had a few in the Financial legal Issues forum (claims from creditors) which have taken over 12 months from allocation to hearing date so it does happen. I suppose its down to certain County Courts and their workload and back logs etc.

 

 

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[jmxo]

Hi,

I've suddenly received an email from Evri which they also CC'd the local court. Please advise, I'm attaching what they attached. Also I'm not sure where they got this hearing date from.

Quote

 

To:  The District Judge

Cc:   XX

Dear County Court

Claim number:

Parties: XX and EVRi Parcelnet Limited

I write in relation to the above referenced matter and in advance of the hearing due to take place on 26 July 2023.

in accordance with CPR 27.9, please accept this email as written confirmation that the Defendant will not be attending the hearing.

The Defendant requests that, in accordance with CPR 27.9, its evidence be considered in the Defendants absence.

I would be grateful if the Court could update its file accordingly.

The Claimant has been copied to this email by way of service.

Your faithfully,

Evri Legal Department

 

 

FULL BUNDLE_compressed.pdf

[BankFodder]

If that really is the date then this is good news for you that they aren't going to appear in court. Presumably you would be available.

EVRi and     are at sixes and sevens. The problem is so are the courts.

Have you got    's email address?

If you have then I would suggest that you email her and tell her that you have a date in 20 24th of this case. You are surprised that they are now referring to a date in 2023. Could she come back to you and tell you if this is correct and maybe give you a copy of the notification which they have received from the court in respect of the 2023 date.

At the same time, I would start telephone the court – frantically – until you get through and ascertain the date.

I'm afraid that if the worst comes to the worst, you will need to go to the court in Willesden and be prepared for a hearing – and if the hearing is on that date see if you can get confirmation that it is the day in 2024.

Do we have any indication if they think it is in the morning or in the afternoon? You could ask at the same time in your email.

Certainly if the date is on the 26 of this month then they have missed the date for filing their bundle by a long shot. Also, the documentation which they have provided from Packlink is pretty helpful.

I'm afraid that if it is the 26 – or if you are unable to find out either way, then you must certainly be there for the hearing – just in case.

If you aren't there and they aren't there – but they have filed a request that the hearing go ahead – then you will probably find that judgement will go against you.

If you are there, then judgement is probably a given – although it would be certain that you would win anyway.

 

[jmxo]

Hi,

I don't seem to have her email and am struggling to search for it. The only email here is the Evri Claims email, and the packlink person she corrosponded with in the bundle.

Even if I did find it, would she even be helpful enough to give me that, or even within the timeframe? After all the difficulty they have been throughout this process I feel doubtful to rely on them for that

I do have the email from the Court, where I specifically asked if they meant 2023 or 2024:

Quote

Good afternoon,

This is to confirm that the Small Claims Track hearing is listed for a face to face hearing on 29^th July 2024 at 10:00am.

Kind Regards,

But now I'm not sure if I should rely on that either, and it was impossible to get through on the phone.

Unfortunately the Evri email didn't give a time which would have been helpful.

Do I just have to physically go to the court before the 26th to enquire about it? That might be tricky though since the information online does say "Court counter open: By prior appointment only to do so Tel. ___"

Also in regards to their actual defense: all it seems to be is claiming I accepted the unilateral payment and therefore was aware my contract was with Packlink. Nothing else? Since I haven't seen much similar threads here go to court was this final defense expected to be this brief?

I thought their defense had more layers to it, based on all the previous stuff we did. Surely that is straightforwardly countered by my statements saying I'm using Contracts Act 1999 to go after Evri and that the Packlink payment was unilateral and insufficient?

[BankFodder]

I'm not sure what to advise. Use whatever email address you have. Several of them. And also do whatever you can to contact the court.

[BankFodder]

Check the claim reference numbers against your own records and court documents. Make sure that there has been no mistake as far as that's concerned.

Send the court a copy of the EVRi email with their apologies that they will be attending. Tell the court that in view of their recent email confirming that it was 2024, you don't understand and are they able to cast any light on the puzzle

[jmxo]

received email replies from the court that they are planning to reschedule the hearing to sometime in september and will follow up later with a hearing notice to confirm this date

[BankFodder]

Excellent news. Please let us know the moment that you hear about a date.

I can't remember where we are – have you prepared your bundle et cetera?

Have you sorted out your witness statement and your skeleton argument?

[jmxo]

I believe post #75 should have everything. I also think their most recent defence (about me accepting the unilateral payment from packlink) in post #104 is easily countered in my Third Parties (10 and 11) argument but do let me know if I need to change anything up.

I don't technically mention the unilateral payment in the statement but they can see the unilateral emails with packlink are in my bundle + was also originally mentioned in the start of the money claims process as instructed so Idk why Evri is going with that as their only defense like a gotcha moment

thanks,

[BankFodder]

Sorry but I don't have time to go back through and find the post and open the documents you are referring to and read through them.

You need to understand that we are dealing with tens maybe hundreds of cases here every week. We can't remember them all. We are doing this voluntarily without pay so please could you answer the little questions I asked you with short answers just to bring me up to speed.

[jmxo]

ok yes I have done the bundle and ws earlier in this post

[jmxo]

Is someone able to read through my witness statement and bundle and check if all good?

I am reattaching them again from post #75 of this thread

I am also reattaching Evri's bundle from post #104

Thanks,

witness statement-1-1.pdf witness statement bundle redacted-1.pdf FULL BUNDLE_compressed-1.pdf

 

Also, I have just read the stickied post about the Brentford County Court win last month. As you mentioned in the post, please let me know if and how I should edit my documents to cite this case

Thanks,

 

[BankFodder]

What date has been set for your hearing?

[jmxo]

I haven't receieved the date yet but wanted to stay on top of things

[BankFodder]

You should have the entire name of the case at the head of your witness statement.

You should use the word "Defendant" in place of "EVRi" most of the time.

 

Quote

11. I enjoy all the rights of a direct contracting party if I am either a named beneficiary of the
contract or I am part of a class of person who might reasonably be expected to be a beneficiary
of the contract and that as the sender of the parcel I fall within that class.

 

Insert a new paragraph 13
 

Quote

13 In breach of section 57 of the Consumer Rights Act the defendant limits their liability in the event that they breach their contract or in the event of their negligence to £xx.
14 The defendant offers an insurance policy which under which they are prepared to extend their liability to an agreed figure on payment of a premium.
15 The defendant describes this insurance policy as enhanced protection/parcel protection (please put down the correct description). (Page XX in the bundle)
16 the defendant's insurance policy is a secondary contract within the meaning of section 72 of the Consumer Rights Act and is also prohibited under the Act

Quote

17. Furthermore the defendants insurance requirement falls within the category of unfair and
therefore unenforceable terms within Section 63 (page 9 court bundle) and Schedule 2, Part 1,
Paragraph 2 (page 10, court bundle) to the Consumer Rights Act 2015.
18 it cannot be fair to require the customer to insure the service provider against their own contractual breach or negligence or even the criminality of their own employees.
19 it would be fair and much more effective and within normal business practice for the defendant to take out a conventional commercial insurance with an established insurance company and probably at a hugely discounted rate based on their substantial economies of scale.

Try this lot for a start.

Post up the amended version and we will have a look and see what else needs to be done

[BankFodder]

 

[jmxo]

Hi,

Here's the ammended version with your changes

Thank you,

witness statement-2 updated august redacted.pdf

[BankFodder]

A couple of new things have come up which could be useful for your witness statement.

Please monitor this thread for a reply later on this week.

There is no particular hurry at the moment until you get a date

[jmxo]

Finally got a letter and my new hearing date has been restored to 27th november!

Also, it states:

Quote

Not more than seven nor less than three clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 Civil Procedure Rules.

The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include a case summary and a chronology.

So i guess its just confirmation we get to update my WS and bundle with all the new edits and resend it closer to the date

[jmxo]

Just a follow up on that same letter - it says Hearing fee due 27 october but doesn't elaborate on anything at all. Not an amount due or how I should pay it or to whom. Or even if it's supposed to be for me to pay

I did pay a £35 claim fee at the beginning of this process though, during the early MCOL stage

I've sent an email to the court asking for more details

Also, since I now have the date are you able to share those new things I can add to my witness statements?

[dx100uk]

there is a payment line on the new CNBC website, you ring and pay by debit card quoting your claim number. (same number as northants bulk)

 

 

[jmxo]

good news update -

Evri contacted me to settle as the hearing approached. We had to have a back and forth but eventually they offered to settle in full which I accepted. I also waited until the payment had gone through to me, which it has!

What's the best way to contact the court to tell them the case is over? In this process they've been incredibly slow to reply to emails

Thanks for your help

[dx100uk]

you would have to issue a notice of discontinuance N279 to the claimant and copy to the court.