Evri “loses” c.£15k of goods

[BankFodder]

That's a shame as it would have been very useful to identify the makeup of that statement in your letter.

 

Play with then have had a chance specifically to deny that the statement had been made and if they had failed to do so then they would be under pressure to agree that what had been said was true.

It is certainly helpful that you referred to the statement, but it would have had much greater weight had you identified the maker of the statement in your letter

 

Sometimes there is a political dimension to litigation as well

 

Maybe we will make a reference to the author of the statement in your claim form

[Big L]

I received this last night. It refers to a tracking number that I don’t recognise. I have asked my warehouse if they know it. 
 

Thanks for getting in touch with us about parcel number xxxxxxxxxxxx
 
We're so sorry that despite an extensive investigation, we have not been able to locate your parcel.  We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim.
 
During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible.
 
Should you wish to submit a claim, could please provide us with the following details:
 
Parcel contents
Packaging details
Selling price/value
A copy of the invoice provided by Amazon that details the value of the item(s) sold and the postage costs you were charged

Should your claim be accepted, we will require payment details in order to process a BACS payment. So that we can process this as quickly as possible, please can you also provide the following:
- your bank sort code
- your bank account number (the short one, not the long card number)
- your name as it appears on your bank card

We thank you for your time and patience on this matter and ask that you provide the required information within 14 days, so we can resolve this as quickly as possible for you. We aim to process all claims within 28 working days of receipt.

 

Non-Compensated & Prohibited Items

As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry. Certain items such as liquids are on the prohibited list because they are more likely to become damaged than others and therefore require a specialist carrier.

 

Please note: should you choose to issue a refund before this claim is finalised then you must do so at your own risk. If the parcel is located it will be delivered to the intended recipient and the claim will be closed

 

Kind regards,

 

 

Evri Customer Services

 

[BankFodder]

Yes, let us know the result of this enquiry.

 

Also, I don't think I have seen the passage at the end of the message before. The one which refers to prohibited items etc.

 

Is this a standard paragraph which is contained on all of their messages?

Or is this something which has been added, expressly and maybe suggests the position that they are going to take

 

 

[Big L]

Will do.

 

I’m unsure if it’s a standard paragraph as I haven’t had an email from them before. 
 

if that is there position do you think that changes anything? Given that the items were not damaged but lost.

[BankFodder]

No, it doesn't change anything.

 

Is it happens, the statement is enormously helpful to us because it supports a position which I have always taken and which is that the prohibited items list and no compensation list can only apply where an item is damaged and not lost.

Also, to extend that point, the kind of damage that an item sustains must be related to its fragility.

 

For instance, we once had a television which had a damage frame.

EVRi tried to say that it was on the no compensation list because it contains glass.

Our position was that if it had been the glass screen which had been damaged then it might have been excluded from compensation.

However, the prohibited items lists have to be read in the context of the kind of damage, which might be foreseeable in relation to the fragility of each specific type of item.

 

I haven't seen this statement before from EVRi. It is extremely useful to have it there in black and white instead of having to argu it simply as a sensible piece of logic.

I'd be very grateful if you could forward it to me as an attachment by email to our admin email address. Unredacted please

 

It will be useful in future cases. Don't worry about identifiers, I will deal with those and it will be kept confidential insofar as your personal information is concerned

 

 

 

[BankFodder]

And to emphasise, please let me have it as an attachment. Not simply forwarded.

 

 

[Big L]

The warehouse has come back to me and they have no record of the Evri reference number that was sent to me in the email. Perhaps Evri has confused my case with another? Do you think I should reply or leave it? 

[BankFodder]

You could respond and tell them that the number was one provided by themselves.

 

But on the other hand, if you think that all your parcels are accounted for then it's probably not worth wasting your own time.

 

There is enough to do as it is

[Big L]

Court letter received today...

It contained the "Acknowledgment of Service" and Evri intend to defend this claim. They have 28 days to file a defence. 

I have also submitted the MoneyClaim for the 2nd box today. 

 

[BankFodder]

Ok. Let's hang on for now and see what happens.

[Big L]

Hello, 

Had the defence from Evri in the post today. There is 20 bullet points but a lot of them are jagon. Do you want them all? 

To summarise:

1.There is no contractual agreement between me and Evri
2. The agreement is between me and SendCloud
3. They deny they are liable for the loss as there is no breach of contract between me or them
4. I should desist with this claim and contact Send Cloud

 

[BankFodder]

No surprises and I'm sure it is all the same but please would you post it up in PDF format

[Big L]

Attached

2023.06.15 - Defence.pdf

[Big L]

I have to submit the small claims questionnaire form by the 30th June which seems to be about setting a time and date for a court hearing and I have some questions if you could advise? 

1. I am going to say yes to whether I want mediation. Just want to check this is correct?
2. Is there an example case you can link to where the defence has been no contract with Evri? The ones I am reading are mainly about no insurance. 

Thanks

 

[BankFodder]

As for mediation, it is up to you but maybe on this occasion you might op for mediation and see what they say. It could be good practise for you and help you to feel your way and get confidence for the next one.

We don't yet have any judgements relating to the rights of third parties. You would be the first

[BankFodder]

Any update on this please?

[Big L]

Still waiting on a response from the last form I did. I had until 30th June so may hear back soon

[Big L]

Called for an update and on the 4th August they have attached my file that I sent in to the case. They say they are still waiting to hear back from Evri. The court said they have submitted a sanction order to them but the court is behind so they dont have any update from there.

[BankFodder]

Can you remind me what is it we are waiting to hear from EVRi?

Also, what is the sanction order? Maybe you could call the court and ask them for a copy. You should be entitled to one.

[Big L]

They need to fill out the Directions Questionnaire (N180 form) which essentially asks them if they want to mediate and any dates they cannot attend court. 

I asked on the phone about the sanction and she said she couldn't tell me anything other than one has been issues. She reminded me that she wasn't legally trained so I left it at that. 

[BankFodder]

I think that you should get back on the telephone to them and find out what date they were sent the original DQ, how long ago should it have been returned, and you want a copy of the sanction order and if you speak to somebody who says that there not legally trained and asked to speak to somebody who is.
I think it's important you need to see the order and find out what has been said and what the timescale is.
Otherwise you're just going to hang around hoping that the court will pull itself together or that EVRi will do something.

Until then you are being led around by the nose – by EVRi and also by the court

[dx100uk]

Will that date not be on mcol claim history?

Dx

[AndyOrch]

It will be the standard sanction imposed (or else order) when a party fails to submit their Defence/or DQ....check the status on MCOL it will say whether the defendant has submitted their Defence/ DQ.I note you submitted yours 30th June 2023.

 

 

.

[Big L]

They had the same deadline as me which was 30th June. I am in email correspondence with someone now so have requested a copy of the sanction. I will update you when I hear back.

[dx100uk]

what does mcol say in claim history please?