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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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      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.
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Court Claim issued against Evri for damaged phone/packaging. - **Paid**


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I used Evri for delivery of a phone that I sold on ebay.
Outline of events:-
18th Apr 2022 – Parcel dropped off at parcel shop.
21st Apr 2022 – Got message stating your parcel has been damaged beyond repair. And as such not deliverable and to contact Evri.
23rd Apr 2022 – Spoke to ********* at Evri.
25th Apr 2022 – Received email with link to claim form.
26th Apr 2022 – Filled in claim form.
1st May 2022 – Received email acknowledging receipt of claim form and stating it will be assessed within 28 days and we will get back to you again once review is completed.
Received no correspondence.
3rd March 2023 sent letter stating the events and also stating I had provided information for the claim within 14 days and that I have not received any correspondence  since email of 1st May 2022. I asked to claim for £193.85 which I had to refund to the purchaser. I also sent the following information:-

1. Picture of my phone that I sold on ebay.
2. Document showing ebay sale of the phone.
3. Document showing refund to buyer as he didn’t receive the phone.
4-8. Documents showing evidence of phone not delivered and stating damaged beyond repair in transit.
9. Picture of front of drop shop receipt.
10. Picture of back  of drop shop receipt.
11. Email sent re:-can’t input tracking number.
12. Email received re:- Link to damage claim form.
13. Email sent re:- Can’ t provide photo’s – Evri has damaged package.
14.  Email sent re:- Can’ t provide photo’s – Evri has damaged package.
15. Email received re:- response acknowledging receipt of claim form.

17th March 2023 email reply offer of £20 + postage – because of level of cover.
21st March 2023 sent letter stating I do not accept the offer and would like the damaged phone/package returned or provide photographic evidence.
12th April 2023 email reply offer of £20 + postage – because of level of cover. No mention of damaged package or photo evidence.
24th April 2023 sent letter stating the facts of what happened again and also stating they have breached contract of carriage and now withholding my property from me. I asked for re-imbursement of £190 +postage + £100 for conversion. If no offer in 14 days I’ll start court proceedings.
3rd May2023 email reply offering £20 +postage.
12th May 2023 initiated small claims with MCOL. Certificate of service served 12/5/23
date of service 15/5/23.
Documents stated – Letter of claim and particulars – Documents and photos of evidence proving they had my phone/package in their system.
14th May 2023 Sent letter of claim – stating the facts and asking for re-imbursement of the £190 + carriage +conversion.
13th June 2023 – received documents – now a defended claim with their counter claim statements. 
Please see the attached counter claim documents.
I would like advice on how to now proceed and do I have a good case against what they are stating in their counterclaim.

Do I opt for the mediation route or the court route?

 

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Please monitor this thread for a reply tomorrow.

Meanwhile, make sure that you have read as many of the stories on the top forum as you possibly can. We're talking about two or three dozen over the next couple of days

 

Also, I'm not too sure what is going on here. You said that you sent the phone at the beginning of April and then eventually you revert to March 2023 in respect of various responses that apparently they made to you.

Please can you have a look and sort this out.

Also, you seem to have posted up a multipage document in separate files. This is unhelpful.

Please will you repost the document in a single file multipage format.

Finally, you refer to the tort of conversion. This will probably be the correct thing to do but that indicates that you have been around this forum for a fairly long time because we are the only place where you will receive this kind of advice.
Why didn't you come here earlier before launching into this action

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  • dx100uk changed the title to Court Claim issued against Evri for damaged phone/packaging.

And incidentally we would recommend very strenuously that you decline mediation and insist on going to trial.

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Hi. 

Thank you for such quick response.

Apologies, I should have said that I have been looking at this group for a while, and reading the disputes against EVRi/Evri.

And also yes I should have asked earlier before proceding.

The dates I have put are correct - unfortunately I left it quite some time before following up on this matter.

I have hopefully sorted the document which I have now re attached.

DefenceCounterclaimcombined.pdf

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Firstly, my mistake – I hadn't appreciated that we were dealing with the claim from last year. I now understand that all dates are correct.

Secondly, you haven't put up your claim form. Is there a reason for this?

 

Also I have just noticed that you say you issued the claim on 12 May and you then went on to send a letter of claim two days after that on 14 May.

How does that work?

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I could have described the timeline of events better, apologies.

When you state claim form, do you mean the pdf I've attached? This was to show the defendants counterclaims - is this not allowed?

I sent a letter for claim on 24th April, filed for court 12th May and sent another claim letter on the 14th May. Apologies for misunderstanding here. Is this wrong in doing it this way? 

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We need to see the claim form. You must have started the action presumably using MoneyClaim online and you would have completed a claim form setting out the details of your claim.

We want to see this in PDF format.

In terms of the clear lack of understanding you have of the process, you had better start reading up on the stories on this sub- forum – lots of them. Also start reading up on the steps involved taking a small claim in the County Court.

Let's see the claim form now please

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3 minutes ago, killerscan said:

You only paid for £20 insurance cover, i dont see how you can expect more.

Of course it is precisely because of this argument that millions of people every year are swindled by the parcel delivery industry into taking out a sort of bogus insurance or giving up their consumer rights.

 

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Thank you. And your letter of claim please.

I think it will probably be a good idea if you got all your paperwork in respect of this organised so that it was all at hand

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Thank you for posting up the claim form.

I noticed that you haven't included your particulars of claim there but you have indicated that you will serve them within 14 days. Where are they please?

 

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Apologies, I forgot to add that the particulars that I referred to on the form were the documents and pictures of evidence of the transaction between Evri and myself for the carriage of the phone, the evidence of sale of phone and the refund to the buyer. These were sent before the notice was served - will this affect things?  I also emailed these to the courts email. Please see them attached.

Proof of phone sale and Evri claim-compressed_3.pdf

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Well it could affect your case badly. I haven't read in detail the defence but have they said anywhere that you haven't actually outlined your case?

You refer to conversion but you haven't explained how it happened.

It isn't clear how your claim total is calculated.

You might end up finding yourself in a position where you would have to withdraw from the action and sacrifice your court fee and then begin again.

I will have a closer look at the defence tomorrow

 

 

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So you have received a defence from EVRi and which is signed off again by Judy Cobbett.

It's the usual poor quality stuff from EVRi but even more extraordinarily, you haven't supplied your particulars of claim – she actually asks for your particulars of claim and then goes on to plead a defence to some imagined set of particulars.

Quite frankly between you and her, you are both making a right mess of it.

She works for EVRi and I suppose that means that she doesn't have much of a chance but you have had a particular advantage in that you have been on this forum for a considerable period of time and apparently reading the stories on this sub- forum although clearly they have made much of an impact on you and then you decided to go it alone.

How much you paid for the claim fee here?

I'm really considering what the best option could be.

You can either put together your particulars of claim and then send it to them as you have undertaken to do in your claim and as they are now asking to do in their defence, or you could simply withdraw from this claim but you will lose your claim fee and then begin again properly.

Whichever you decide to do, you will have to put together a particulars of claim and you had better do that now. Let's have a look at it

of course there is the added complication that once you supply them with the particulars of claim they will then be entitled to file a further defence.

 

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Thank you for reading through the defence and advice so far.

The court fee I paid £35.

Will the last attachment I sent, which I referred to as the particulars I wanted to use and which I have already sent to Evri suffice as the particulars or do the particulars need to be other documents about this case? 

Many thanks.

 

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Not really

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It's pretty clear that you haven't done much reading even though you say that you have been hanging around the forum for some time.

I suggest that you spend the next three or four days reading up on the many stories on the sub- forum so that you understand what you're doing and also you'll see lots of references to particulars of claim and some examples.

It is all going to get so complicated I'm really wondering whether it is simply worth your while sacrificing the £35 and starting again.

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Thank you, points duly noted, I think I thought I'd grasped the main points of how it works but obviously I haven't.

I think it would be best at this point to lose the £35 and withdraw.

I do so want to get my head around this and not let Evri get away with this, but honestly don't know if I can cope with it at present as lots of other issues going on.

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I think you should begin by preparing your particular to claim you need to do anyway.

There isn't any urgency good to Withdraw. It could be done next week.

Seeing as our     has gone on to mount a defence, then you should try giving them your particulars of claim and then going to mediation.

Up until that point you won't incur any further fees.

After that, if the mediation fails then we may have to deal with your errors. That might be the time to withdraw and begin again.

Don't try to shortcut this. Do the reading that I have suggested and then put up your particulars of claim here so we can see.

 

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Thank you for this. Yes I'll start to prep particulars.

It states on the letter/document that came with Evri's defence - that I need to respond by the 30th June ( whether I choose court or mediation).

If I prepare new particulars, get checked by yourself then send to Evri - do I also need to send to the court at the ccbc@justice? 

Do I need a response from Evri after sending new particulars prior to choosing court or mediation?

Is it too late now to send a SAR or is this not relevant now? 

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You will need to get a certificate of service for the particulars of claim

Choose mediation on the directions questionnaire

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