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

[BankFodder]

I think the thing to do here is to contact the other side with a courtesy message pointing out the typo and giving them another copy of that page. Supply the same information to judge. Nobody is going to raise any objection.
Just make sure everybody knows in advance.

Tell them that here is the corrected version. You apologise for the typo. And to let you know if they have any objection to make.

[Mickdunee99]

Just received the below email from Evri. I did suspect that they would not bother to turn up.

To:  The District Judge in High Wycombe County Court 

Cc:  Brumjeet Wadhwa

 

Dear County Court at High Wycombe County Court

 Claim No: K7QZ53K0

Parties: Mr Brumjeet Wadhwa and  EVRi Parcelnet Limited

 We write in relation to the above referenced matter and in advance of the hearing due to take place on 4 January 2024.

 Notwithstanding the Defendant’s attached request for the hearing to take place on paper, 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.  The Defendant has instructed an Advocate to attend on their behalf.

 We 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

[BankFodder]

Thank you for this .

You are wrong to say that they are not turning up.

They are having a representative turn up and maybe have presumably a barrister and this amounts to them being present in court.

If they had written and said that they were happy that the judge relied on their paper submissions then that would be the equivalent of not turning up 

 

[Mickdunee99]

Understood. I see that they have appointed a representative to attend on their behalf. As you say, likely a barrister.

This is the response that I will be sending to Evri with regards to their open offer that they sent on 20th December.

Dear Evri legal team,

 

Apologies for not responding to this sooner. I have been away with my family over the Christmas period.

 

I noticed that on your court bundle on page 23 paragraph 12 that you claim that I have rejected your below open offer that was sent to me on the 20th December. 

 

Can you provide the evidence where I rejected such offer on the 20th December? Because if you claim that I rejected your open offer on the 20th, then it must have been a prompt response from me as you already filed your court bundle with false information claiming that I rejected the offer the same day to the court.

 

You cannot take that my few days to respond to your email is a rejection as I have mentioned that I was away for the Christmas period which is common for individuals to do at this time of year. Besides, I am not time bound in any way to respond to your open offer. It is also common for an individual to consider your offer over a few days which is why you may not have an immediate response.

 

I want to make it very clear to you and to the court that I have not rejected your offer.

 

You will see that my email that I sent to you on the 19th December, I have encouraged you to pay me the bulk of the offer and we debate the outstanding amount in court. 

 

Since you have not agreed to pay me the bulk of the amount, I believe that it is you that has rejected my offer to deal with this issue sensibly, minimise the areas of dispute and prevent wasting the court's time and resources. 

 

I can see that you still deny liability since you did not pay me the bulk of the offer and you claim that my laptop and laptop case is "alleged lost".

 

You have had since February 2023 to resolve this matter. Yet, you start sending out offer emails but a few weeks before we are due for a hearing. I imagine that you merely did this so that you could appeal to the judge that you have been reasonable in this matter and that you could bulk out your court bundle.

 

 

To remind you Bankfodder, this response is in relation to your suggestion in post #143.

[jk2054]

change You cannot take that my few days to respond to your email is a rejection

 

to You cannot take that my few days to respond to your email as a rejection

 

is not as - small thing but lets remember this is formal court proceedings 

[BankFodder]

Make it clear to them also that you will be showing the letter to the court

[jk2054]

did you sue them as evri parcelnet ltd?

[Mickdunee99]

@jk2054 is now changed to as on my draft. I sued them as Herme5 Parcelnet Limited Trading as Evri.

 

@BankFodder Added line to inform defendant that I will be showing the letter in Court.

 

Thank you.

[dx100uk]

an advocate is typically simply a locum from that court given the file less than a day before you all walk in.

[jk2054]

Hi OP,

 

I’ve sent you a message if you dont mind taking a look

[BankFodder]

Further notes referring to third party rights when applied to business contract.
The point is that when you become an entitled third-party in a business contract – between EVRi and Packlink, for instance, you only enjoy the same rights as the contractual body you are replacing.
Therefore if you are suing EVRi on the basis of your third party rights you are effectively replacing Packlink so you are taking the place of Packlink.

This means that you enjoy the same rights in the contract as Packlink would.

This means that you forfeit your consumer rights and you enjoy only business rights which are more restricted.

Here is a link to some notes that I have just made about the situation. It is fairly approximate because has been done in a hurry and also really we need the matter to be considered by a court

at base, though, when you are seeing is an entitled third-party in the business contract then you are relying on your rights under the Supply of Goods and Services Act 1982 and also you are relying upon the reasonableness provisions in the Unfair Contract Terms Act 1977.

If EVRi tries to defend against this situation assumes that you have now been granted your third party rights by the judge and you are entitled to proceed as an entitled third-party.

At that point, one can assume that EVRi will try to defend and to say that the business contract does not entitle you to do this blah blah or to do that blah blah.

One of the answers of course is that as EVRi have not produced the EVRi/Packlink contract in their bundle or to the judge, then they have no argument to make. You must be given full access to the contract and time to consider it before EVRi should be allowed to make any argument at all.

If you are eventually given a copy of the EVRi Packlink contract then you should certainly ask to be told what version it is and the date that it was produced.

 

[jk2054]

Sorry here but to go back to my post 157 whcih I see you responded to then BF edited.

 

Did you sue them as EVRi parcelnet ltd or evri parcelnet ltd?

 

I'm just not quite sure because Bf has edited your original answer, so I'm not sure which is right

[Mickdunee99]

I sued them as EVRi Parcelnet Limited trading as Evri

[jk2054]

Thank you.

Did they bring that up in their defence at all?

[Mickdunee99]

No. Have not had any issues with it so far.

[jk2054]

ah ok thanks for the answers

[Mickdunee99]

Just received the attached from the County Court. They have adjourned my hearing date that was set for Thursday 4th January at 14.00 due to a lack of Judicial availability. 

It seems that I would have to contact the court within 14 days of the letter of days that I cannot potentially attend a hearing within a 9 month period.

 

General Form Of Judgement Or Order - 4 Jan 24 Adjourned.pdf

[BankFodder]

What a nuisance.

EVRi manages to slip away again – for the time being.

[jk2054]

unsuprising.

guess i wont be coming to watch it after all!

yep reply with datees unavailable in next 9, you'll go to back of a hearing queue, probably 4 months I'd say

I'd take this as an opportunity however - to email evri and point out to them that the wait for a new date will likely be months, and the interest will accrue in the meantime - point out that paying up now will avoid this interest and mean they'll end up paying less if they pay in full now then if they let the interest accrue.

[BankFodder]

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---

Jill Insley solves your consumer rights problems, including a missing iPad from Amazon, an issue with Phoenix...

 

 

[Mickdunee99]

Morning all,

Just wanted to keep everyone in the loop on the latest developments.

Evri and I have reached an agreement and have settled out of court.

Evri provided me with an offer that I accepted.

The courts have been contacted and the hearing has been cancelled.

At the time of my correspondence with them, I had accrued £116.00 of interest. They offered £100 as a "good will" If I did not pursue the £250 conversion damages. The £100 was added on to the cost of the laptop, the court fee, the hearing fee and postage costs.

 

 

[BankFodder]

Well done. I am glad that you had this result – even though I would have preferred that you had gone to trial and obtained a judgement.

So effectively you got £100 damages for the Conversion. Nice to see that EVRi is finally giving a tacit acknowledgement to the fact that Conversion is a valid cause of action and a reasonable head of damage.

Did they try to tie you into a confidential agreement?

What a bunch of time wasters these people are. They should all be ashamed of themselves but I suppose they are making too much money to care

[dx100uk]

well done 

thread title updated.

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dx

 

[Mickdunee99]

Thank you all for your help and support.

I could not have got this far without your help.

Yes I will be leaving you a donation as gratitude.