Evri lost £2200 returns parcel to Solace London- Insurance not purchased

[BankFodder]

It is important to know how much you declared as the value of the parcel.

I  suggest that you send EVRi an SAR.

This will delay matters but it is essential that you know how much you are claiming for. 

[BankFodder]

Yes you may as well send the letter of complaint. In the letter of complaint referred to the fact that you have sent them a subject access request and you are still waiting for the result of that as well.

Remind them that they have a statutory duty to comply

[BankFodder]

You can certainly try and claiming for £2200 – and EVRi are so stupid that they might eventually offer you that much at mediation if you stick your heels in. However, there is a possibility that somebody who knows what they are doing may conduct the mediation in which case they will only offer you the amount that you declared and if it went to court it is quite likely that although you would win, this is the amount which would be awarded.

If you claim for £2200, your claim fee will be much more expensive than if you claim for £999 and even if you won, probably the best that you could expect would be the fees which would have been charged for the lower value claim – £999.

You are going to have to decide yourself.
I hope you won't mind too much when I say that you aren't handling this very well. First of all you seem to have no idea of how much you actually valued the item for even though it was a very valuable item – and then we discovered that you undervalued it.

As I say, you can claim for the higher amounts. We will support you and we will be pleased if you win it but - A hae ma doots.

[BankFodder]

Search on court fees on the County Court website. You will need to find the claim fee and also the hearing fee.

I would suggest that you find a way of recording all the information you give in your parcel delivery arrangements in future

 

[BankFodder]

No. Out of the 14 days refer to the letter of claim, you go on to issue a claim.

That means you should be issue your claim on about Tuesday, if the letter of claim was sent on 10 July.

This should be fully prepared and ready to go by now.

What date did you send the letter of claim?

Have you register with the County Court MoneyClaim website?

Have you drafted your particulars of claim? – So if so I think we should see it before you click it off.

[BankFodder]

Yes, that is exactly what I mean by the particulars of claim.

I hope you won't mind me saying, but you have a fair amount of money at stake here. We don't get the impression that you are taking it very seriously. You are allowing long periods of time to elapse before each step. You have only just now sent off a letter of claim which was ready to go and should have been sent almost 2 weeks ago – and now it is clear from the questions that you are asking that you really haven't done any reading.

Now that you sent off the letter of claim I would suggest that you start taking the matter seriously and begin doing some solid reading so that you understand what you're doing. We will help you and of course you will win – everybody does – but this is a self-help forum and you have to take possibility yourself.

If as you say you send off a large number of parcels and it is only a matter of time before this kind of thing will happen again and what you learn in this case we help you to deal with similar situations in the future.

Start doing the reading. Read a lot. There are lots of examples of particulars of claim on this sub- forum. Post a draft in a few days and we will have a look. Make sure you understand your way around the MoneyClaim website and make sure you understand the arguments you will be using to support your claim.

We can only do so much for you. We aren't charging you £300 an hour which is what you would pay commercially. We are helping you completely free but it is you who stands to benefit financially so you should take at least 50% of the effort with us – and probably a lot more.

[BankFodder]

12 hours ago, dx100uk said:

Need your particular s of claim too then 

 

Dx

Urgently please.

[BankFodder]

I hope you are able to put up with some criticism in this post.

On July 10 we helped you prepare a letter of claim which specifically outlined various bits of information including a tracking number and made it clear that if they did not reimburse you you would be issuing the claim 14 days after the date of the letter.

I did understand that you didn't send a letter but in fact you hung onto it and eventually sent it yesterday – 22 July.

So on 22 July – a Saturday – you sent a letter of claim giving them 14 days to refund you or else you would start legal action. Then today, you file a legal action which is going to be issued tomorrow Monday.
In other words, you sent the letter of claim and you gave them less than 24 hours to respond to it over a weekend when no one is particularly working – and then you went and issued the claim.

Please do correct me if I have misunderstood anything. However I notice on the claim forms you have posted it actually says that you sent the letter of claim on 22 July.

Did you send the letter of claim by email or by post? If you send it by email then they will have it on Monday morning. I expect they will have the court papers on Wednesday or Thursday.
If you sent the letter of claim by post then I expect that they will receive it by Tuesday or Wednesday – about the same time that they receive the court papers.

Once again, please do put me right if there is something I have misunderstood.

Apart from anything else there is a pre-action protocol which absolutely requires that a claimant gives at least 14 days notice to a potential defendant before issuing the claim.
If everything I understand here is correct then you have breached the pre-action protocol – and that is a fairly serious matter – and could be grounds for the court to strike out your claim – with a commensurate loss of your claim fee.

Also in the claim which you have filed you haven't mentioned the tracking number and that means that EVRi will have no idea which consignment you are referring to and therefore they won't have any idea of what they are dealing with in terms of your claim.
You need to remember that EVRi reckon that they are delivering something like 2 million parcels a day.

Secondly, in your claim you have scarcely referred to all of the details which have led up to the loss and your subsequent claim. You haven't explained that there was a contract – or when the contract was made.
You haven't explained the basis on which they apparently refused to refund you. The fact that they operate an insurance policy which amounts to secondary contract and which is contrary to the consumer rights act. The fact that they exclude or limit their liability if you don't buy the insurance policy.

Is this the entirety of the claim which you filed? Did you not include any other information at all?

You came here before you issued the claim. And yet in the end you went ahead and did it on your own and have ignored fundamental rules and made some important basic errors which could prejudice your claim and put you to extra expense.

Also you didn't make a claim for interest. Of course that is up to you but you are claiming over £2000 and 8% interest is a very good rate nowadays and would have been a useful bit of extra cash to accompany your winnings. 

Before we go ahead and try to rescue you, can you confirm my understanding of the above as being correct.
 

 

[BankFodder]

First of all, don't bother to apologise to us. You may have to apologise to the court and of course if EVRi decide to object to the issue of proceedings because you didn't send a letter of claim 14 days in advance then you could find that the judge will accept this and strike your claim in which case you will lose your claim fee although you will be able to start again.

In the meantime, yes you can send some additional particulars of claim but we better get a move on.

You may have been receiving treatment but over the past few months you have been disappearing for days and weeks at a time and it is unhelpful to a continuous and consistent approach and this is one of the things that has caused the problem.

Also it is clear that you haven't done reading because if you had done the reading properly you wouldn't have made this very serious mistake.

You need to send the other side a more detailed particulars of claim. Although this will address the problem of not having made your claim properly in your claim form it won't address the problem of your failure to abide by the pre-action protocol and you have simply got to hope that either the other side don't seem to realise it or else a judge is prepared to let it go.

For the moment, we need to get a proper particulars of claim set out.

This means that you're going to have to engage with this thread – and this time do it properly – and take our advice and don't waste time with long absences.

You should realise by now that we are act very quickly here and we expect you to do the same. You are creating a lot of extra work for us and you are prejudicing your chance of a successful claim.

Please start off by setting out a bullet pointed chronology of what happened from the moment that you organise the parcel delivery until the moment that you were informed that the item was lost.

Please don't hang around. Please don't make it more difficult for us

[BankFodder]

Quote

Claimant: Claudia Hill Statement: 1 Exhibits: 11 Dated: 24th July Case No: 428MC444 Between: Claudia Hill and EVRi Parcelnet Ltd trading as Evri
WITNESS STATEMENT of CLAIMANT
I, Claudia Hill, of 1 Nashenden Farm Cottage, Nashenden Fame Lane will say as follows:
1.15th April - Returned a parcel I originally brought from a clothing brand "Solace London" asthey do not offer a return service, posted With Evri via their website using their "next dayservice" Tracking no C00HHA0354593287

new  para here No additional insurance cover was purchased as unnecessary under Consumer RightsAct 2015.

New para here All Rights under Contracts (Third Party Rights) Act 1999 are relied upon byclaimant. Tracking no C00HHA0354593287 (Exhbit 1)
2.18th April - Tracked parcel status was at "On its Way" on 18th April 2023 even though it wasdue to be delivered on17th April 2023 and remained at this status (Exhbit 2)
3.16th May - I logged a problem issue with Evri
4.17th May - received automated email with a link to a claims form, however the link wascorrupt and didn't direct me anywhere
5.17th May - I replied back stating it didn't work - heard nothing back
6.21st May - I reached out to Kerri Cooper who was listed as a senior exec on an online forumvia email for help (Exhibit 3)
7.22nd May - Received a reply back from a PA and also a telephone call, due to the amount ofthe parcel they were going to organise a search of the depot as that was the location it was lasttracked, they requested I provided items inside and also a description of the parcel exterior(Exhibit 4)
8.22nd May – Replied to Evri with description of parcel and contents (Exhibit 5)
9.24th May - PA replied to confirm parcel was not found at depot and the parcel was nowdeemed to be missing and they would refund me £20 + the postage I originally paid (Exhibit6)
10.24th May - I replied back to PA explaining how disappointed I was and stressed due to thevalue and did not accept this offer (Exhibit 7)
11.25th May - PA replied back explaining nothing they could do and £20 was all they wereoffering me, he also included the terms within the email (Exhibit
12.25th May - £25.88 unilaterally refunded back to me (Exhibit 9)
13.2nd June - Complaint letter sent Evri (Exhibit 10)
14.22nd July - Letter of Claim sent to Evri, tracking number WD041575145GB (Exhbit 11)
STATEMENT of TRUTH
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Dated the 24th Monday of July 2023.
Signed: ________________________________
Claudia
__________________________________________________________________
Exhibits referred to in the Witness Statement:
Exhibit 1 – Evri Postage Receipt
Exhibit 2 – Evri Tracking
Exhbit 3 – Email to Kerri Cooper at Evri
Exhibit 4 – Response Email from Evri
Exhibit 5 – Response to Evri Email
Exhibit 6 – Response Email from Evri
Exhibit 7 – Response email back to Evri
Exhibit 8 – Response back from Evri
Exhibit 9 – Refund from Evri in account
Exhibit 10 - Complaint letter sent Evri
EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE,
1, CAPITOL CLOSE LEEDS LS27 0WH
Dear Sir/Madam,
Complaint Letter
PARCEL REFERENCE NUMBER REFERENCE: C00*********
On 15th April 2023 I used your service to send a parcel under the above reference number using Evri’s next day delivery service. The parcel never arrived at its destination.
It’s very disappointing that the parcel has not be found as the parcel contents were a total of £2200 so you can understand a refund of £25.88 is not suffice.
Following my enquiries via email with Evri’s Executive Office, it has been confirmed that the parcel cannot be located since it was last scanned at Evri’s sorting hub on 18th April 2023
Sincerely, *********
Exhibit 11 - Letter of Claim sent to Evri
EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH
Dear Sir/Madam,
LETTER OF CLAIM
PARCEL REFERENCE NUMBER REFERENCE: C00*********
On 15th April 2023 I used your service to send a parcel under the above reference number using Evri’s next day delivery service. The parcel never arrived at its destination.
Following my enquiries via email with Evri’s Executive Office, it has been confirmed that the parcel cannot be located since it was last scanned at Evri’s sorting hub on 18th April 2023
Evri’s delivery service was purchased and your service was not met therefore I am pursuing yourselves as I am entitled to do under the Contracts (Rights of Third Parties Act 1999). Evricannot locate the parcel at its own sorting hub, even after a thorough search was carried out by management, this demonstrates that it has not managed the delivery of my parcel with reasonable care and skill while in possession of the parcel.
Value of item = £2200
Total loss to me (amount of claim) = £2200 + any applicable Interest
In emails with Evri’s Executive Office, I have requested reimbursement for the full amount above, which Evri has so far failed to reimburse, they have only reimbursed me the original postage amount of £5.88
I therefore intend to issue proceedings against you in the county court without further notice unless you reimburse me the above amount in full within 14 days from the date of this letter.
Sincerely, *********

you are confusing a particulars claim with a witness statement.

I have removed most of the paragraphs there and juggle things around a bit. Have a look.

The particulars of claim simply needs to lay out the very basics of your claim.

You refer to the contract and what it did

what the parcel contained in what the value was
give a reference number for the contract
what happened – the parcel was lost which was a breach of contract.
You didn't buy the insurance – say why.
You are claiming from the defendant as you are asserting your rights under the contracts (rights of third parties) act 1999
they have offered you unilateral payment of £XXX
you are now claiming the outstanding balance of £XXX plus interest plus costs.

That's all you need to put.

Head it with the claim number and the court and also head it "Particulars of Claim".

Post the draft please and let's have a look.

Make sure that the paragraphs are properly spaced – yours are far too close together – and numbered.

What you have produced above is really in the form of witness statement which is a much more detailed account of what happened – although even in respect of that, you have included too much unnecessary detail but we can deal with that later.


 

[BankFodder]

Yes you should deduct it. 

 

I won't be able to read your PDF until tomorrow so standby for a response tomorrow late morning

[BankFodder]

Why are you pleading the party rights? I thought you contracted directly with EVRi? Or did you use some third party broker?

[BankFodder]

Quote

Claimant: Claudia Hill
Dated: 24th July
Case No: 428MC444
Between: Claudia Hill and EVRi Parcelnet Ltd trading as Evri

Particulars of Claim

I, Claudia Hill, of 1 Nashenden Farm Cottage, Nashenden Farm Lane will say as follows:
15th April - Returned a parcel containing XX value £XX which I originally brought from the defendants, a clothing brand "Solace London" as they do not offer a return service,

New para  posted With Evri via their website using their "next day service" Tracking no C00HHA0354593287

New para No additional insurance cover was purchased as unnecessary under Consumer Rights Act 2015.

18th April - Tracked parcel status was at "On its Way" on 18th April 2023 even though it was due to be delivered on17th April 2023 and remained at this status

24th May - PA replied to confirm parcel was not found at depot and the parcel was now deemed to be missing and they would refund me £20 + the postage I originally paid

therefore the defendants are in breach of their contract to deliver the parcel.

25th May - £25.88 unilaterally refunded back to me

I am now claiming the outstanding amount of £2200 plus interest and costs.

 

STATEMENT of TRUTH
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Dated the 24th Monday of July 2023.

Signed: ________________________________

Claudia Hill

I suggest that you apply the corrections that I have made.

Also it should be in numbered paragraphs and properly spaced.

Once you've done that posted up here again.

[BankFodder]

21 minutes ago, CreamSoda2310 said:

Particulars of Claim Evri Final.pdf 85.36 kB · 1 download

This is fine.

59 minutes ago, CreamSoda2310 said:

 

please see latest copy Witness Statement Claudia Hill Evri Final.pdf

What is this. I can't open the file

[BankFodder]

Thank you. No surprises. They always manage to get it in at the last moment

[BankFodder]

Please monitor this thread for a reply this afternoon

Have they filed a defence? And have you posted it here in PDF format

[BankFodder]

I'd like to start off by saying that it's a mystery to me why we have to prompt you to post documents which you have received. We are trying to help you and it is clear that we will need to see this information and it saves time if you just post it up without being asked.

As you can see in their defence, they have referred to your undervaluation of £999 – and I think I have already expressed the view that it is unlikely that you will manage to recover more than that.

It is clear that you will recover something. Your case is excellent of course because as we know, the insurance requirement is Unlawful under Section 57 of the Consumer Rights Act. Had you found some way of declaring value correctly then your £23XX would have been pretty secure.

I think if you go to mediation then the best you can hope for is that they will settle for £999. I would be very surprised if you manage to budge them beyond that.

If you go to trial then you can certainly argue the full amount. I think the worst that would happen is that the judge would find in your favour but only award you your £999. If you manage to make a sufficient case then you would get all you are claiming for – and we would certainly help you – but I've already expressed my reservations about your chances of success.

So I think it's up to you. If you think that you are prepared to settle for the £999 which is what I think you are definite get a mediation and is what I think is the likely outcome at trial then you could go to mediation.

Certainly, 1300 quid is a lot to give up and so you might well want to try your luck at trial and we will try to help you with inventive arguments and of course we will be extremely pleased if you win.
If you go to trial – I think there is nothing to lose, you will get your £999 – that much is almost certain – with some ingenuity you might get.

You choose

[BankFodder]

You can certainly try for mediation and hangout for the 2300 and simply put your heels in and refuse to back down.

That way you wouldn't incur any trial fees. If the mediation fails or if you go to trial then you will certainly have to pay hearing fees equivalent to a claim for £2300. If you only win £999 then the cost you will be awarded will reflect a claim of that value. In other words you will lose a certain amount of your claim fee because you will have claimed more than you will have been awarded

[BankFodder]

There are several cases on the sub- forum where people have gone to mediation and have written excellent summaries. You will have to hunt around a bit but it will be well worth your while.

[BankFodder]

There won't really be much of an opportunity to advance all of these arguments on the mediation process. Their main position will be that you don't have a contract with them and so they will offer you some compromise.

Stand your ground – decline the offer. If they want to offer the whole lot then it's a done deal. Otherwise then it's off to trial.

There really is nothing else to say

[BankFodder]

If you haven't had a call yet – then I hope it goes well. If you have had the call then maybe you'd rather not tell us what happened but at least you can tell us is it going on to a trial or has the matter come to an end?