@EVRI 2 Laptop Parcels lost - Court Claim Issued

[BankFodder]

I'm sure that's okay to send by email – but you should require a read receipt as well you can do somewhere in the software

[hasfar]

Thanks, I will make sure that the read receipt is available before sending them the documents.

Also just for my sake, if evri should argue that the item were laptops and are on the prohibited item list would this affect my claim or arguments in court?

[BankFodder]

Not if they were properly declared .

However the fact that you are asking this question shows that you haven't really read around this sub forum very well

 

[hasfar]

Yes both parcels were declared correctly.

Its just I re read my letter before claim and I stated "As on two separate occasions my goods were never delivered and never returned to myself. Thus, the fact that the items were laptops has no bearing on the fact that it has been lost or stolen and therefore the prohibited items list is unfair and therefore unenforceable."

Just wanted to know if this would hold up as an argument. Sorry just trying to make sure I am covering all bases if I need to refer to anything else I said. 

 

[BankFodder]

Yes, that is exactly the correct principle except if they haven't referred to the prohibited items list yet then I don't think you need to mention it at all.

No point in giving them ideas but at least you are ready for it if they then mention it

[hasfar]

Thank you for clearing that up, I will keep it in mind but try to focus on the main argument at hand.

I will send the documents to the court and defendant next week and keep you updated on anything else.

Take care

[hasfar]

Hello,

EVRi has replied with their court bundle - however, Ive only just got some time to read it and ive noticed a few things. 

They said that I contracted both parcels through Parcel2Go but it was only one of the parcels. And they are highlighting the fact that I did ( send a Letter before Claim to Parcel2Go but I do remmebe doing this after I sent a letter to EVRI. The only reason i did this was becasue I wasnt getting any response from Parcel2Go and out of frustration I did so. Does this affect my argument case - since the parcel from Parcel2Go is technically not in dispute I should hope not.

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

 

 

LTR to Crt- Requesting hearing on Paper - REDACTED.pdf EVRi Signed Bundle REDACTED.pdf

[BankFodder]

Do you have some evidence that it was they who failed to attend the mediation?

[hasfar]

I have sent an email to the mediation team who dealt with my case. 

As I cannot see any document from the court that specifically state this. As well my call history only has 2 calls from a private number on the date and time of my mediation appointment and they both lasted 2 mins. 

[BankFodder]

10 hours ago, hasfar said:

Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

 

I'm a bit puzzled. I gathered from this question that you did have evidence that they didn't turn up

And what do you mean that each call only lasted two minutes. Two minutes ringing is a very long time. Did you take the calls?

[hasfar]

Sorry for the confusion I thought there was some letter that stated they didn't turn up but I was mistaken.

Yes I took the calls - the length of both the calls took 2 minutes altogether. But I don't have any caller ID or transcript to go along with those calls. Apologies for any confusion again. 

[BankFodder]

Thanks for the reply – but this leaves more confusion.

You took two calls – but you don't tell us what happened. Was anything said? What happened – because really we are not able to guess on the information that you have given

[hasfar]

Yes, so going off my memory.

I took the first call the mediator confirmed my identity and explained that he will attempt to get in touch with the defendant. And then contact me back to begin mediation.

The second call came after 15 mins. The mediator confirmed that he attempted to get in contact with defendant 3 times and was unable to.  Then said I should now await correspondence by email/letter about further details about my case. 

Few weeks later my case was transferred to court. 

[BankFodder]

Thank you for this. I hope you agree that nobody could possibly have guessed any of this episode and it really is a bit difficult having to tease the information out of you.

I suggest that you write this up into a letter – send it to the court – and send a copy to EVRi. Make sure you put the case reference number at the top.
You should also try to send a copy to the mediator

[AndyOrch]

Quote

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

CPR 27.9 is only applicable to a courts final hearing not mediation they are playing with your head or do not have an understanding of the CPR

Ignore but make reference to their none attendance in your witness statement if not already.

 

Andy

[hasfar]

Thank you both for your reply. 

I'll prepare the letter this evening.

Should I also include that only one parcel was from parcel2go. And the other I bought through Amazon seller central. Which is contradictory to their witness statement that cites both parcels were purchased through Parcel2go. 

Thanks 

[BankFodder]

Yes you should mention it – but simply give it a mention. Don't make a big issue of it and make it clear that it doesn't change the principle of your claim

[hasfar]

Thanks should the letter look something like this? Also should i state something at the end of it like -

"as the claimant I believe i have brought proceeding against the correct party responsible"

Claimant's Reponse to Defendant's LTR to CRT REDACTED.pdf

[BankFodder]

Quote

Regarding the Defendant’s statement that I, the Claimant, refused to mediate with the
Defendant, I find this untrue and request the Defendant to provide evidence of it. The defendant is mistaken.
The mediator contacted me as arranged on 14 April 2023 who contacted me and then attempted to contact
the Defendant. The mediator stated that on three occasions, he was unable to reach the
Defendant using the contact information provided by them.

This resulted in the case being transferred to court.

The defendant does not have the correct version of the facts at hand and I put them to proof that they attempted to attend the mediation.
The defendant has a track record for failing to attend mediation sessions with the consequent inconvenience to the claimant and to the court

that's all you need

[hasfar]

Thanks @BankFodder, when i send the letter - would it be appropriate to send to the court and cc in EVri and the mediation team? So the letter will be attached to this email body:

Quote

I write this in relation to the Defendant's letter to request hearing on paper. 

 

I have attached a letter to this email regarding claims made by the Defendant about mediation.

 

The Small Claims Mediation Team have been copied into this email.

The Defendant has been copied in by way of service.

 

[hasfar]

Hello,  Sorry for the late update. I went to court and judge ruled in my favour and I have claimed against EVRi successfully for the full amount (minus any compensation already paid to me). Thank you guys for your help.

The Judge has given them 21 days to make payment. As soon as I recieve payment I will be sure to donate to this forum for all your help. 

Thank you again.

 

[BankFodder]

That is great news .

Thank you for letting us know .

Did EVRi actually turn up at the court ?

I'd be grateful if you could email me confidentially to our admin email address giving me the name of the case, the name of the court, the number of the claim and the name of the charge if you have it .

I would like to get a copy of the judgement. It will be our expense and as soon as we get it I will make sure that you get a copy for yourself as well.

This will help a great many people to recover their money in the future

 

 

 

 

[BankFodder]

Also the date of the hearing please

[hasfar]

Hi,

EVRi did not turn up to court.

I am still awaiting letter from the court regarding this. I am going to get in contact with them next week.

I will email you with further information.

Thanks

[BankFodder]

Thank you very much for this.

Did the judge ask any questions? What did the judge say in his/her summing up?

Can you give us a little bit of an idea how it went please. This will be very valuable for other people who visit this thread