Evri swapped label off £1400 Apple Macbook Pro+ Case - PAPLOC - now clamform **SETTLED BY EVRI BEFORE HEARING**

[jk2054]

answer is     then

[Nicky Boy]

Should OP be having telephone conversations?..

[jk2054]

I’d say yes because its not like its going to be evidential, and lets face it, the reality of that call was to work out if the OP had seem/accepted/rejected the offer it wasnt about them submitting their court bundle- that was just waffle

 

Also evri phoned him, so worst case he can get the call from a DSAR I’d expect, 
 

Wouldnt hurt to record the call if he can but I dont think its as bad here since he’s already issued proceedings and so whats on the call is unlikely to be evidential

[Mickdunee99]

Good morning all,

Evri have responded with another offer this morning.

It appears that they have now added the £10.81 for the postage costs that I incurred However, The interest and conversion charges have still not been applied.

OPEN OFFER

 

Dear 

 

Thank you for your email.

 

We can include the additional £10.81 for the postage. This means the new offer is £1,706.81 in full and final settlement of your claim.  

 

We will leave this offer open .

 

Breakdown of Offer

a)           £1400.00 for the alleged lost laptop

b)           £115.00 for the Court Fee

c)           £181.00 for the Listing/Hearing fee

d)           £10.81 for the postage

 

 

If you would like to accept this offer, please provide us with your account details at your earliest convenience and We will arrange payment within 7 days upon receipt of your bank details.

 

Please be advised that we will bring this email to the Judges attention to show that Evri has tried to reasonably settle the matter with you out of Court.

 

We look forward to receiving your Witness Evidence.

 

Kind Regards

 

Evri Legal Department

[Nicky Boy]

9 minutes ago, Mickdunee99 said:

OPEN OFFER

How nice of them...

Talk about flip-floppping!

[Mickdunee99]

Please find attached 8th Draft of Witness Statement/Court Bundle.

I've added paragraph 47 highlighted in pink on page 10-11 to discuss the email correspondences between myself and Evri and how they attempted to bind me by confidentiality and Without prejudice offers and correspondence. 

Pages 53 and 54 highlighted in pink to show that I have added evidence of the email correspondence.

If there are no further amendments or further correspondences between myself and Evri, I will submit this draft as the final document to the defendant and courts tomorrow (21st) morning via tracked post and fastest delivery method as the 14 days notice to provide documentation to court and the defendant starts on the 22nd December. I will also submit via electronically to all parties via email tomorrow morning.

Thank you

 

Apologies. 

Draft now attached.

K7QZ53K0 Brumjeet Wadhwa v Hermes Parcelnet Limited Trading As Evri 8th Draft Excluding Times and Telegraph Articles.pdf

[BankFodder]

Sorry I've been delayed and also I don't have much time to post up more than a brief reply.

So once again, they have offered you short of the value of the claim.

This is what will happen if they insist on going to trial on the whole amount.

The fact that they have made you an offer in a way is not relevant because they don't seem to be admitting liability. However, in my view liability is beyond question and you will get a judgement.

If you don't accept their offer, it doesn't mean that you won't get a judgement. If you have a good basis for your claim and if your arguments are sound then you will get a judgement in your favour.

The worst that can happen when is that the judge might decide that your claim for conversion fails in which case a judgement will be given but it will be in respect of the principal issues which are the loss of the parcel, the issue of third party rights and the issue of insurance if EVRi decide to raise it.

This would mean that we would have another judgement in our favour. Another nail in the coffin not only of EVRi but of the entire delivery industry on these issues.

If you failed on the conversion claim then what might happen is that the judge would give you judgement for the lost laptop and probably the interest and expenses which were being claimed in respect of that delivery.
It is highly likely that the judge would award you the cost of bringing that claim to that value. In respect of the remaining £250 for conversion has been left to the discretion of the court, if the judge decided that there wasn't a good claim for that then the judge might say that the portion of the court costs – the issue fee and the hearing fee, reflected in the extra value £250 would not be borne by the defendant but you would have to suffer that loss on your own.

I don't know if that makes sense.

The most important thing is that simply because they make an offer and the judge agrees that maybe it was a reasonable offer doesn't mean that you are deprived of a judgement. The judge would still have a duty to make a finding on the basis of your claim that you enjoy third-party rights and also that the insurance was unlawful.

Although the judgement for the conversion would be very useful and of course the parcel delivery industry would not be happy about this, the most important part of the judgement would be in respect of third party rights and insurance and this would add to our growing collection.

It is certainly grossly unfair that EVRi expect you to take out insurance yourself in respect of theft of your own property which has been facilitated by EVRi' and slack procedures and presumably employment policies.

I think the argument that the contract became void ab initio and therefore the ownership of the property never left you is a highly technical argument but very powerful nevertheless.

I'll bet that     wishes he had thought of it first.

So the summary is, by refusing their claim, you don't forfeit the judgement. You might forfeit some of your claim costs but it wouldn't be a whole lot.

I think it is quite reasonable to argue that the issue of conversion is sufficiently important that it was reasonable to bring it to the attention of a judge for it to be properly considered and adjudicated.

[BankFodder]

I'm going also to add that the benefit of getting another judgement on issues of third-party rights and of insurance as well as the possibility of getting a judgement on the issue of conversion – especially where they decide to raise the possibility that you were the owner of the property any more, is so enormous that EVRi would be thoroughly stupid to let you go to court.

If they lost on all the issues then although we are simply talking about County Court level, it would be very significant. Getting a judgement against them for conversion would definitely be very newsworthy.

The better part of valour would be for EVRi simply to put their hands up and pay your entire claim which would then oblige you to withdraw the action and we would then not get the judgement.

If we lost the part of the claim on the issue of conversion, it wouldn't be a great loss to us but if we won, it would be pretty serious for EVRi – and they might even want to appeal which as far as we're concerned with excellent because a judgement confirming the first instance decision would be even more powerful against them.

Frankly I don't think EVRi can win whatever they do. The cheapest and least risky option for them is really simply to pay your claim in full and live to fight another day.

 

Edited December 20, 2023 by BankFodder
Typo fixed

[BankFodder]

Please note that I have fixed a typo in the post above makes an important change to the sense of what I wrote.
It is my dictation and poor proofreading.

Sorry

And thanks very much to @Nicky Boy for pointing this out to me

[Mickdunee99]

Understood your posts Bankfodder.

Just a quick update to keep all in the loop.

I posted the signed paper copies of the court bundle/witness statement to both Evri and the County Court at High Wycombe at 10.05 today via tracked, signed for and delivery before 1pm tomorrow.

The postal address for High Wycombe is an address in Reading which I felt a bit nervous sending a letter to as you start to wonder if the paperwork will reach the Judge that will be for the hearing.

I have also emailed the Evri legal team and the High Wycombe county court email address with the electronic copy of the court bundle at approx. 13.00 today. 

Hope I can claim the postage costs if I win as each letter costed £8.15 each! 

 

 

[BankFodder]

Nothing to lose by asking the judge.

What supposedly might feel that they are saving a bit of face if they don't have to pay those

[Mickdunee99]

Evri court bundle attached. If they had any sense, they would have settled out of court because their bundle is embarrassing.

Full Bundle - Brumjeet Wadhwa SIGNED.pdf

[jk2054]

you issued it on the 20th of april??? and it was defended in septemeber??

 

 

[Mickdunee99]

Yes MCOL was raised in April by me.

Defended in September does not sound accurate to me.

I'm sure it was shortly after I raised the MCOL that they raised their defence.

I will have to confirm once I go over my notes again.

Their defence was submitted on 16th May 2023

[FTMDave]

Are those two rubbish pages really the whole of their argument?!!

[jk2054]

their witness statement doens't even have the correct dates in it. 

 

How suprising

1 minute ago, FTMDave said:

Are those two rubbish pages really the whole of their argument?!!

seems like a very evri style witness statement to me! 

[Mickdunee99]

Total and utter rubbish.

They are wasting everyone's time with this.

What I found interesting is that they mention that I rejected their offer.

The last offer that they provided was an open offer yesterday.

I have not responded to their open offer.

Surely that is not the same as rejecting an offer as it has only been 1 day!

I might bring that to the judge's attention because that is false and I am not bound by a time limit to respond to an open offer with the exception of the hearing date approaching.

[BankFodder]

Write to them and make it clear that you have actually accepted the bulk of their offer and left a small part of it at large.

Point that out to the judge as well and make sure that the judge realises that they could have reduced the issues, mitigated their loss and also reduced the time and inconvenience for the court.

As it is they have adopted and all or nothing approach and this is hardly in line with a sensible attitude towards negotiating.

It is you who have tried to clarify the issues and find common ground and simply minimise the areas in dispute. They have rejected this.

They haven't even addressed the contracts rights of third parties act in their defence or tied to explain why say say that the act doesn't apply in this case.

In other words their defence is simply a blend denial.

The contains no arguments and no attempts to distinguish your circumstances from those required by the act.

The defense is simply a blunt instrument and contains no legal reasoning at all.

 

[Nicky Boy]

Children, eh BF? Tut, tut.

[jk2054]

Hi,

 

Sorry page 7 point 29 the refund is to the buyer not the seller.

[Mickdunee99]

Hello jk2054,

Would you be able to show me the sentence that you are referring to? On my final draft, Page 7 paragraph 29 mentions the following:

29) I reject the defendant’s assertion in their statement of Defence and Counterclaim (item 3) that Mr Brumjeet Wadhwa is not a Customer of EVRi Parcelnet Limited Trading as Evri and has no contract with Evri. I am clearly a discernible beneficiary under the contract between Evri, eBay and their contracting partner. I was the sender of the parcel with an Evri provided tracking numbers of H0067A0135578550 and P1390979 (see Attachments pages 16-20 E, F, G, H and I). Therefore, I enjoy third-party rights under the Contracts (Rights of Third Parties) Act 1999

Am I permitted to correct errors after I have sent the court bundle witness statements to all parties? I've noticed that I make reference to item 3 in brackets when it should be item 2.

I will also write back to Evri as per Bankfodders suggestion in post #143 tomorrow.

Thank you.

 

[jk2054]

sorry i was on the wrong draft paragraph 33

 

you name mike as the seller not the buyer i assume this is wrong becuase you wound't refund the seller.

[Mickdunee99]

Yes I see it. Definitely a typo. Can I explain to the judge that this was simply a typo? Or am I permitted to amend my court bundle that I present in court?

 

 

[jk2054]

Please post up the directions in clear format so I can read them. i will then be able to advise.

[Mickdunee99]

Please find attached notice of allocation to the small claims track hearing which states the directions.

Thank you

Notice of Allocation to the Small Claims Track (Hearing).pdf