County Court Claim against EVRi Consumer Rights Act 2015

[Lucky Lucan]

Court action pending against EVRi for breach of contract for losing my parcel in Dec 2022. Relying on Sec 49 Consumer Rigths Act 2015 (failure to use reasonable care & skill).

[honeybee13]

Hello, welcome to CAG.

 

When is your court date please and can you tell us more about what's happened so far?

 

Best, HB

[Lucky Lucan]

Posted a vintage car part for renovation (unobtainable new) with EVRi 08 Dec 2022. Never arrived.

 

Tracking stalled 13 Dec. EVRi says no trace in their system. 04 Jan 2023 reported loss.

 

EVRi rejected claim twice, saying it had to be made within 28 days (it was 27 days). Finally accepted claim. Refused to pay for cost of replacing the part with a second hand one and paid only £20 compensation. It has cost me over £300 to source and purchase a replacement.

 

Letter before court sent - no reply from EVRi.

 

I have  refused mediation and I'm about to make full disclosures to the court for a trial date to be listed.

 

Relying on Consumer Rights Act 2015 -  failing to provide a service with reasonable care and skill.

 

Will cite the 40,000 lost/stolen EVRi parcels in Dec 2022.

 

EVRi have since failed to deliver several other packages to me which have had to be replaced by retailers.

[BankFodder]

So I understand that you have issued your claim. Please will you post up your claim form here in PDF format.

 

Presumably EVRi have filed a defence. Please will you post the defence in PDF format as well

Also you must have sent them a letter of claim. Please will you also post that in PDF format.

Did you declare the item correctly? And what value did you declare when you sent it?

Did you get their so-called insurance? On what basis did they refuse your claim?

Please read as many of the EVRi stories on this sub- forum as you can in about two days. This means lots and lots of them.

Make sure you are completely comfortable with the principles involved.

 

[Lucky Lucan]

1.       On 03 May 2023 I emailed EVRi regarding EVRi’s refusal to compensate me more than £20 as I didn’t pay extra for insurance and that EVRI's policy that the client must themselves insure against EVRI's own contractual breaches is unfair per the Consumer Rights Act of 2015 and therefore unenforceable. I also stated that EVRi's attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I already enjoy per the 2015 Act. Therefore, the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regulations 2008 para 10 schedule 1. My email also stated that I would make a £20 unilateral deduction from my claim once settled.

[BankFodder]

Thank you, but you haven't posted up the documents which I have requested

[BankFodder]

You also haven't addressed the questions which I put in relation to the declaration of the item correctly and its value.

 

It is tricky enough doing things on a forum but when we have to repeat questions in order to get answers, it makes it much more difficult than is necessary

 

[Lucky Lucan]

court claim form 260423.pdf

EVRi have not yet filed a defence. They have asked (once again) for an extension of 14 days)

[Lucky Lucan]

I cannot send you the other requested PDF's as they contain my personal details which are not for public disclosure.

 

In view of your critical comments, I don't wish to cooperate with you any more.

[BankFodder]

That's fine. We are always happy to help and we are happy to help you in the future if you change your mind. However, we do everything here for free and in order to proceed quickly, you need to engage with this thread so that we can move on as efficiently as possible and get you your money back.