Ebay/evri lost £145 item Evri PAPLOC/Claimform **SETTLED AT MEDIATION**

[Lex49]

I am Self employed seller at Ebay. I resell items for a profit.

I did sell items at ebay at 26 Febr 2023.

Posted With Evri- on their website. Did describe item correctly and did write value of 150gbp. Did not pay extra insurance.

 

Did open regular claim with them with their claim system. 

At 13/03/2023 they did confirm that it is lost.

At 13/04/2023 they did pay out  20gbp compensation + they did refund postage cost of 5.09GBP . Value  declared was 150gbp.

They did refund 20GBP as unilateral payment , without me agreeing to it.

 

Question- can i sue them under Consumer Rights Act 2015 ? Or since i am self employed- i should seek another law?

 

Thanks in advance.

[dx100uk]

you are a master at this already but seem to forget.

your target is evri

read a good few 10-20+ threads here and follow those.

complaint letter (already done?)

letter of claim

court claim for full value minus any refunds to date 

third party right mind....

dx

 

[BankFodder]

Please follow the advice above but the answer to your specific question is that you will not be able to rely on the consumer rights act because you are not a consumer.

However, the ordinary common law of contract will be quite sufficient to support your position.

In respect of unfair terms, you will have to rely on The unfair contract terms act 1977.

[Lex49]

Quote

 

LETTER OF CLAIM

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

 

26^rd May  2023

 

Letter Of Claim for Lost/ Non delivered Item C00HHA03367536 .

Items posted in this parcel were sold at Ebay marketplace for total a sum £145.97.

 

Postage label was purchased directly with Evri. Parcel was not delivered to recipient and was not returned back to sender.

 

I request a full refund of the purchase price of £145.97 plus my postage costs, on the grounds that the item was not delivered and confirmed as lost.

 

I did receive from you a payment of £25.09. Please note- it was unilateral payment and I will simply be deducting that sum from my eventual claim.  So £120.88  should be paid as compensation for not delivered  parcel.

 

 If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I will also be pursuing interest on the £120.88 and making a claim under the Sec 49 Consumer Rigths Act 2015 (failure to use reasonable care & skill).

 

 

 

Regards,

 

Ko….

mob.0756…

 

 

I made that letter of claim. Is it ok?

No third party was involved. I did place an order on EVRi Website.  Value was added 150 GBP during booking.  No additional insurance was purchased.

leter of claim.pdf

[Lex49]

 Sorry guys. Thats my first time making claim so i wish to be  a little bit sure that i am doing it correctly.

Letter will be posted at 29th of MAY. And MCOL is prepared to issue at 13th June.

Is wording ok for my letter and MCOL? Will claim No interest.

Letter of claim:

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

 29rd May  2023

Letter Of Claim for Damaged/ Lost/ Non delivered Item xxxxxxxxxx

I request a full refund of the purchase price of £145.97 plus my postage costs, on the grounds that the item was not delivered and confirmed as lost.

I did receive from you a payment of £20.00 plus postage cost of £5.09. Please note- it was unilateral payment and that I will simply deducting the sum from my eventual claim.  So, £125.97 should be paid as compensation for lost parcel.

 If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I will also be making a claim under the The unfair contract terms act 1977

Regards,

Kons...

Mob. 0756

 

Particulars of claim.

1. on the 26st February 2023, the claimant contracted the defendants to deliver a parcel to an address within the UK.
2. The declared value of the item in total was £145.97, Delivery fee: £5.09. Tracking number: C00HHA03367536...
3. The defendant till claim date- 13th June 2023 has failed to deliver the parcel.
4. On 5th March Defendant customer support was contacted and on the 12th March 2023, the defendant confirmed that they cannot be able to locate a parcel.
5. on the 13th April 2023. The defendant refused to pay out full value of lost item of £145.97 and did issue refund £20.00 plus £5.09 to cover postage costs. It was
unilateral payment.
6. The claimant is seeking reimbursement by exercising their rights under the The unfair contract terms act 1977.
7.and The Claimant Claims:
a) value of the item minus £20.00 – totalling at £125.97
d) Court Claim fee of £35.00

 

Claim amounts

Amount Claimed £125.97

Court fee  £35.00

Total Amount  £160.97

[BankFodder]

19 hours ago, Lex49 said:

 

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

 29rd May  2023

Letter Of Claim for Damaged/ Lost/ Non delivered Item xxxxxxxxxx

I request a full refund of the purchase price of £145.97 plus my postage costs, on the grounds that the item was not delivered and confirmed as lost.

I did receive from you a payment of £20.00 plus postage cost of £5.09. Please note- it was unilateral payment and that I will simply deducting the sum from my eventual claim.  So, £125.97 should be paid as compensation for lost parcel.

 If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I will also be making a claim under the The unfair contract terms act 1977

Regards,

Kons...

Mob. 0756

 

 

 

Quote

Particulars of claim.

1. on the 26st February 2023, the claimant contracted the defendants to deliver a parcel to an address within the UK.
2. The declared value of the item in total was £145.97, Delivery fee: £5.09. Tracking number: C00HHA03367536...
3. The defendant till claim date- 13th June 2023 has failed to deliver the parcel.
4. On 5th March Defendant customer support was contacted and on the 12th March 2023, the defendant confirmed that they cannot be able to locate a parcel.
5. on the 13th April 2023. The defendant refused to pay out full value of lost item of £145.97 and did issue refund £20.00 plus £5.09 to cover postage costs. It was
unilateral payment.
6. The claimant is seeking reimbursement by exercising their rights under the The unfair contract terms act 1977.
7.and The Claimant Claims:
a) value of the item minus £20.00 – totalling at £125.97
d) Court Claim fee of £35.00

 

Claim amounts

Amount Claimed £125.97

Court fee  £35.00

Total Amount  £160.97

why aren't you claiming interest? You are entitled to it. It is 8% which is an extremely good rate of interest.

Why do you forgive them a single penny?

And also at the end of the day, if you feel that you really want to compromise with them then you can compromise by forfeiting the interest – but if you don't claim in the first place then you have nothing to forfeit.

When you win – as you surely will – then if you don't want the interest you can give it to somebody needy on the streets or even give it to us!

[Lex49]

Ok- will claim that also.

But I do not know which date should i write- 

Date money became owed to you (dd/mm/yyyy):    - Date when they confirm item lost? Date they issue 20gbp refund? Date letter before action? Date mcol issued?

Daily rate of interest up to the date of judgment:   - as i understand- total sum incl fees miltiply bu 0.08 and then divide by 365 days . correct? Result is in GBP per day.

 

 

 

 

[BankFodder]

The date they declined the refund

[Lex49]

 

Your claim request has been accepted. The Defendant has 14 days from the date of service of the claim to reply.

 

Thank you for advice. Will wait for defence.

[dx100uk]

so they have 19 days.

 

dx

 

[Lex49]

You submitted a claim on 16/06/2023 at 22:01:00

Your claim was issued on 19/06/2023

Evri filed an acknowledgment of service on 03/07/2023 at 12:05:08

They did tick-  I intend to defend all of this claim

 

So i should wait reply from them till 17th of July and if they will not send a defence- i shoud click at 18th july- Request Judgment ?

[BankFodder]

Yes of course. You shouldn't even need to be asking. Is there any reason why you wouldn't want to go for a judgement immediately?

However, if you have read the threads on this sub- forum – which you really should do – you will know that they never miss a deadline and they always file at the last moment so don't get your hopes up

[Lex49]

On 13/07/2023 at 22:16, BankFodder said:

Yes of course. You shouldn't even need to be asking. Is there any reason why you wouldn't want to go for a judgement immediately?

However, if you have read the threads on this sub- forum – which you really should do – you will know that they never miss a deadline and they always file at the last moment so don't get your hopes up

I can not figure out- when is the Date of the Service- from attached documents?

In document It says-  If Evri do not file a defence within 28 days of the date of service of claim form- judgement may be entered agains them.

You submitted a claim on 16/06/2023 at 22:01:00

Your claim was issued on 19/06/2023

Evri filed an acknowledgment of service on 03/07/2023 at 12:05:08

 

No update till now. Am i correct that at 18 july 00:01 i can Request Judgement?

evri claim reply 3 july.pdf

[dx100uk]

from the date top right on the claimform. they have a total of 33 days (claimform date is one in the count) to file a defence as long as they did AOS.

dx

 

[BankFodder]

If you try to request judgement now, if the correct period has not elapsed and it simply won't allow you.
So start requesting judgement. Don't worry. When the time has elapsed then it will allow you

[Lex49]

So. Evri did file a defence as BankFodder mentioned in last day before i can request Judgement by default.

They are saying like they have limited  their liability by their contract and since i did not pay for full value coverage- they are saying i am entitled to default compensation of 20GBP i got paid already as unilateral payment.

In their defence is small mistake

- The Claimant stated on the ‘Order Form’ that the value of the Parcel was £125.97.  But i did enter 190.00 of value when i did place an order at myhermes.co.uk - i have screenshot for that. 

Real value of goods (sold price at ebay) is £145.97 gbp. (20 gbp are refunded).- so i was claiming. the rest of 125.97.

Evri defence upload consumractiongroup.pdf

[dx100uk]

usual twaddle!!

 

dx

 

[BankFodder]

Have you redacted the signature to the defence document?

If so- why?

[Lex49]

5 hours ago, BankFodder said:

Have you redacted the signature to the defence document?

If so- why?

Nop. Did some spaces edits to nicely fit text in  2 pages.

Did upload Unedited Defense if it helps.

evri defence consumraction.pdf

[BankFodder]

So they filed an unsigned defence?

Maybe it was Judy Cobbett again but now she's ashamed of the drivel that she is producing and doesn't want to be associated with it.

Anyway, I have updated the skeleton argument.

It is in the second post to the thread below.
 

At some point you'll get a directions questionnaire and asking you if you want to go to mediation. We would suggest very strongly that you don't. Go to trial and get another judgement and help to put another nail in the coffin of this scam insurance policy scheme which is being run by all of the courier parcel delivery companies

[Lex49]

Did Receive- Directions Questionnaire.

Will post it back by post to Evri Address  and Court address as requested.

 

Filing Directions Questionnaire (All OK?)

A-      Do you agree to this case being referred to the small claims Mediation Service- YES

B-      My contact details …. Will fill as requested

C-      Do you agree that the small claims track is the appropriate track  for this case- YES

D-      Do you consider that this claim is suitable for determination without hearing-  NO

Why NO?

There are factual disputes and the issues are complex. They need to be argued orally.

E-       Hearing Venue -  Truro Combined Court Edward Street  , Truro , TR1 2PB

E2- Are you asking for the court permission to use the written evidence of an expert- NO

E3- How many witnesses, including yourself will give evidence on your behalf at the hearing- 1 (me)

E-4 Are there any days within the next six months when you or a witness will not  be able to attend Hearing?

Youself- all dates in September

E4- Will you be using an interpreter at the hearing either for yourself or witness- NO

E5 Do you belive you or a witness are vulnerable in an yway- NO

Signature

 

[dx100uk]

[jk2054]

glad to see EVRi turning up for once.

Can you please tell me who signed off the DQ for EVRi?

[Lex49]

I did not receive any DQ from Evri. Only me did post DQ to Evri and court.

Edited October 22, 2023 by dx100uk
unnecessary previous post quote removed

[jk2054]

on MCOL it shows EVRi as filing a DQ correct?

Also I notice you posted a redacted defence, was the original signed by cobett?