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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel lost by Evri ***Settled in full before trial and without mediation***


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I recently used Evri to send a parcel to my mother containing gifts for her birthday. After initial evidence of progress, the tracking system reported the parcel had been delayed 2 days later, then silence.

 

That was over 3 weeks ago. 

 

Subsequent interaction with the chatbot and customer services helpline yielded nothing.  A series of emails to the CEO were responded to but only to advise that Evri took no responsibility since I had booked the service through Parcel Compare. 

 

On contacting Parcel Compare, I was able to get the delivery charge back but nothing more since I had not paid what I regard as protection money to stop the parcel being stolen.

 

At that point I thought there was no more I could do until I read other stories on this site which have encouraged me to take matters further with Evri.  Accordingly, today I have sent a complaint to the CEO by post and email giving 10 days to respond.  I plan to send a letter of claim if there is no satisfactory response.

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This is what I have drafted so far:

 

Quote

 

Dear Sir/Madam,

 

              Letter of Claim - Parcel Reference: xxxxxx

 

On 22 March 2023 I used your service via Parcel Compare to send a parcel with the above reference number.

 

The parcel never arrived at its destination, and I have been informed by your support team that everything has been done to try and locate the parcel but after investigation it hasn’t been located and due to the timescale since it was last scanned on 24/03/23 it has been declared lost in the network.

 

The shipping was purchased via the 3rd party Parcel Compare but I am pursuing yourselves as I am entitled to do under the Contract (Right of Third Parties) Act 1999.

 

Also, I did not purchase your so-called enhanced compensation policy but as you know and I know and as I know you know, all you are doing is trying to sell me duplicate rights and this insurance policy is therefore unnecessary and unenforceable by you and you already have at least four judgements against you on precisely this point - – so don't try to rely on that one in your response to me or in the forthcoming court action against you.

If you try to withhold my reimbursement on the basis of no third party rights on the contract or on the basis of no insurance then I can assure you now that we will go directly to trial and we won't waste anybody's time going to mediation as is your normal practice.
 

The value of the items in the parcel was £73.96. The parcel contained 6 items: 3 gift items recently purchased from Waterstones at a cost of £56.97, 2 books recently purchased from Amazon at a cost of £11.99, and a further book purchased earlier which could be replaced via Amazon at a cost of £5.00.  I have already provided you with a photograph of the contents as you had requested.

 

I am only claiming for the loss of the goods since Parcel Compare have refunded me the delivery charge.

 

I have had email contact with your Executive team (having found it impossible to make contact with your customer services team) to try and resolve this but have been unable to. I sent a letter of complaint on 19th April concerning these events requesting a proposal to resolve the issue within 10 days.

 

You have so far not responded so I am therefore informing you that I propose to begin a county court claim against you within 14 days of this letter. I will not begin this process if you reimburse me for the lost parcel before that date.

 

Yours faithfully,

 

XXXX

 

 

Edited by BankFodder
Edits in red and violet
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Evri have replied to my complaint, more or less as before, saying:

 

Dear xxxx
 
In reference to parcel xxxxxxxx
 
My name is Stephen and I also respond to enquiries on behalf of Martijn De Lange, within the Evri executive office.
 
I am truly sorry to see that you have had such a negative experience with our service and that your parcel hasn't reached it's destination. I'm afraid that we are only able to process claims for compensation against parcels when the original delivery order has been placed directly with us. As this order was originally placed with ParcelCompare, all claims must be processed by their team.
 
Please accept my sincere apologies for the inconvenience this may cause.
 
Yours Sincerely
 
Steve
 
In view of this unsatisfactory response, on Monday I will post and email my letter of claim which goes as follows:
 

Dear Sir/Madam,

 

              Letter of Claim - Parcel Reference: xxxxxx

 

On 22 March 2023 I used your service via Parcel Compare to send a parcel with the above reference number.

 

The parcel never arrived at its destination, and I have been informed by your support team that everything has been done to try and locate the parcel but after investigation it hasn’t been located and due to the timescale since it was last scanned on 24/03/23 it has been declared lost in the network.

 

The shipping was purchased via the 3rd party Parcel Compare but I am pursuing yourselves as I am entitled to do under the Contract (Right of Third Parties) Act 1999.

 

Also, I did not purchase your so-called enhanced compensation policy but as you know and I know and as I know you know, all you are doing is trying to sell me duplicate rights and this insurance policy is therefore unnecessary and unenforceable by you and you already have at least four judgements against you on precisely this point - so don't try to rely on that one in your response to me or in the forthcoming court action against you.

 

If you try to withhold my reimbursement on the basis of no third party rights on the contract or on the basis of no insurance, then I can assure you now that we will go directly to trial and we won't waste anybody's time going to mediation as is your normal practice.

 

The value of the items in the parcel was £87.46. The parcel contained 6 items: 3 gift items recently purchased from Waterstones at a cost of £56.97, 2 books recently purchased from Amazon at a cost of £11.99, and a further book (hardback) purchased earlier which could currently be replaced via Amazon at a cost of £18.50.  I have already provided you with a photograph of the contents as you had requested.

 

I am only claiming for the loss of the goods since Parcel Compare have refunded me the delivery charge.

 

I have had email contact with your Executive team (having found it impossible to make contact with your customer services team) to try and resolve this but have been unable to. I sent a letter of complaint on 19th April concerning these events requesting a proposal to resolve the issue within 10 days.

 

Your response to my complaint was unsatisfactory so I am therefore informing you that I propose to begin a county court claim against you within 14 days of this letter. I will not begin this process if you reimburse me for the lost parcel before that date.

 

Yours faithfully,

 

XXXX

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The letter of claim went to Evri yesterday by letter and email so 8th May is date set for submitting court claim via MCOL.  This is filled in and ready to go.  The claim particulars section reads as follows:

 

Claim Particulars

 

The claimant used the defendant's courier
service to deliver a package containing three
books, a pair of gloves, a book stand and a
phone stand, value – £87.46 to a UK address.
Reference number xxxxxxxxx. The defendant
breached the contract by losing the package
and contents and refuses to reimburse the
claimant to the full value of the package.
The defendant's requirement that a customer
is responsible for insuring themselves
against the defendant’s own negligence or the
criminality of its employees are unfair
within the meaning of the Consumer Rights Act
2015 and therefore unenforceable. The
shipping was purchased via a third-party
however the claimant is pursuing the
defendant as entitled to do under the
Contract (Right of Third Parties) Act 1999.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 24/03/2023 to 08/05/2023 on
£87.46 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £0.02.

 

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  • 1 month later...

A brief update on my case:

 I commenced my court case on 8th May and have received notification from HM Courts & Tribunals Service that Evri have acknowledged service as of 23 May and have 28 days from that date to file a response.  The notification confirms that Evri intend to defend all of the claim.

 Meanwhile I continue to follow other threads and noted a comment on one of them where you advised as a claimant you will only be able to claim for your declared value.

In my case I do not recall what I put as the declared value other than it was a round sum amount, not the specific amount I have now calculated to be my loss.  I had assumed that was ok on the basis that a precise figure was only needed for the purpose calculating the additional charge for ‘insurance’ which I wasn’t taking out and the basic price for delivery is based just on the weight and size of the parcel, not the value of its contents.  Furthermore, I reasoned that the higher the value quoted the more likely the package was to go missing.

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  • 3 weeks later...

Yesterday I received correspondence from the County Court Business Centre providing a copy of Evri’s defence and requesting my completion of form N180 by 30 June.  A redacted copy of Evri’s defence is attached.

Regarding the N180, I propose responding as attached.  As I see it:

A1.  I should not agree to Mediation since I advised in my LOC that I would not be using it.

C1.  I should agree since the claim is under £10,000.

D1.  I should not agree since the claim needs the rights of third parties act to have full consideration in a hearing.  Without a hearing there could be a risk of this act not being given sufficient weight.  I’m unsure how much detail should be provided in the text box – I’d welcome views on whether what I have drafted is sufficient.

E1 – E5 are routine questions.

I'd welcome any comments.

N180_draft response pdf.pdf Defence document redacted.pdf

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  • 1 month later...

Hope I haven't messed up.  Evri sent their defence to court with copy to me on 29 June.  I have just read on gov.uk website that I am supposed to advise court what I want to do next within 33 days so I'm possibly almost out of time.  Clearly I want full settlement or to go to court, but I'm not sure how I give this instruction. Can you help?

 

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Hope I haven't messed up.  Evri sent their DQ to the court copying me on 29 June and I have just read on a Gov.uk website that I am supposed to advise court what I want to do within 33 days.

 

I had uploaded a form N9B from Evri.  What I received on 29 June was a form N180 from them.

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  • 2 months later...

I have still not had a notice of allocation from the court.  I tried ringing today for an update but got no answer.  Meanwhile I have logged back on to MCOL where I note some updates, the most recent of them are these:

Case Stay Lifted on 24/08/2023

EVRI filed a DQ on 24/08/2023

Your claim was transferred to LEEDS on 24/08/2023

I requested the hearing to be in Milton Keynes, my local court, and do not wish it to be in Leeds.  Can I challenge this, and if so, how?

I have not seen any DQ from Evri since 29th June, so do not know what they filed on 24th August.  Do you know how I can obtain a copy?

Is the case stay lifting on 24 August significant?

 

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The full claim history on MCOL is as below.  It isn't really clear, since there are 3 references to a DQ.  From my notes, I can confirm I posted the DQ to the court and to EVRi on 21st June and I received theirs on 29th June.  Neither of these events is accurately recorded on MCOL.

Claim history shown on MCOL:

You submitted a claim on 08/05/2023 at 15:32:16

Your claim was issued on 09/05/2023

EVRI filed an acknowledgment of service on 22/05/2023 at 12:05:06

 
pdfLink.PNG plainLink.PNG 

A bar was put in place for EVRI on 12/06/2023

EVRI filed a defence on 12/06/2023 at 16:05:10

 
pdfLink.PNG plainLink.PNG 

DQ sent to EVRI on 13/06/2023

Case Stay Lifted on 04/08/2023

DQ filed on 04/08/2023

Case Stay Lifted on 24/08/2023

EVRI filed a DQ on 24/08/2023

Your claim was transferred to LEEDS on 24/08/2023

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I clearly wish the case to be heard in my local court (Milton Keynes), so do you think it worthwhile sending another DQ reiterating this request?  It appears that EVRi have made two submissions even though I have only seen one of them.

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  • 6 months later...

A final update on my claim against EVRi:

In October Evri offered to settle excluding court costs which I declined.  I made a counter offer to waive interest if they would cover loss plus court costs which they declined. I repeated this offer last month and they accepted with the result that I received full pay out of my claim today. 

Thank you to CAG for guiding me through the process.  It is clear that with your help, persistence and a little patience a satisfactory result can be achieved.

I have made a donation in thanks for your assistance.

 

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