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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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Hi all,

Like many others before me who have used Evri in good faith but failed to have their parcel delivered and then hit a wall when trying to get Evri to resolve/reimburse, I am starting the process to take this matter further. I have been reading the forum for the past 2 weeks to get an idea of the steps to take and start preparing the required documents/evidence that I will need.

Summary/Timeline of issue:

  • Sold a phone on Ebay for £839. Delivery of the parcel was to be by Evri next day delivery. Delivery service was purchased through Packlink.
  • I selected the standard compensation (£25) provided on Packlink as that offers proof of delivery (signature). Total cost of postage with proof of delivery is £4.83.
  • The delivery service was paid for on 13th June on Packlink, and the parcel was dropped off on 14th June at the Evri collection point.
  • Tracking shows the parcel was collected the same day. However, it arrived at Evri's sorting hub on 17th June (already late as should have been delivered by 16th June). However, the tracking never moved from there on, and has not been delivered to the buyer.
  • Buyer raised a claim on Ebay for non-delivery and I gave a full refund to the buyer while emailing Packlink and/or Evri every day for updates on where the parcel.
  • On 22nd June, I emailed Evri asking for a complaint to be raised and gave Evri 14 days notice to locate and either deliver/return the parcel, or to reimburse me in full for the refund I had to give to the buyer. Otherwise I would start court proceedings.
  • Email from Evri received on 27th June confirming that since it was scanned at their sorting hub on 17th June, they have been unable to locate the parcel. I replied back re-iterating my previous email to reimburse me in full by 5th July at the latest (14 days from 22nd June) or I proceed to take this matter to court.
  • In the meantime, Packlink provided a Loss Claim form. They have refunded the postage cost (£4.83) and are in the process of providing £25 standard compensation.
  • Email received today (04 July) from Evri stating "We are unable to do anything more, because you did not pay us for service. As you wish, you can go to court. I would like to inform you that this is full and final correspondence on the matter and any further contact will be closed and the complaint remain closed. Kind regards, Anna"

I am therefore sending a Letter of Claim to Evri, via email and by post tomorrow. I have drafted this letter below and would be grateful for any comments or amends required before I post and email tomorrow. I will continue with my reading of other forum posts and researching, but any guidance would be much appreciated. Thank you!


 

Quote

 

EVRi Parcelnet Ltd trading as Evri

CAPITOL HOUSE,

1, CAPITOL CLOSE

LEEDS

LS27 0WH

 

Dear Sir/Madam,

 

LETTER OF CLAIM

 

PARCEL REFERENCE NUMBER REFERENCE: H00xxxxxx

 

On 13 JUNE 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 intended 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 17 JUNE 2023.

 

Evri’s delivery service was purchased via a third party (eBay Packlink) but I am pursuing yourselves as I am entitled to do under the Contracts (Rights of Third Parties Act 1999). In particular, as Evri cannot locate the parcel at its own sorting hub, it cannot demonstrate that it has managed the delivery of my parcel with reasonable care and skill while in possession of the parcel.

 

Value of item = £839.99 + Postage £4.83 = £844.82

Packlink reimbursement = £4.83 (postage cost) + £25 (standard compensation) = £29.83

 

Total loss to me (amount of claim) = £814.99 + 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.

 

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,

 


 

 

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Thank you for your comments. I have now registered on the moneyclaim.gov.uk and will do more reading and research on this forum over the next few days. This will also help me with my preparation for the claim and when drafting the POC this weekend. I will then post the draft on here for any comments/enhancements.

The next few days will also give me a chance to think about whether or not to go to mediation. I've seen some forum posts where mediation has been successful, however I do understand this is a campaigning group. If my case goes to court, i am happy to share a copy of the judgement so it can support this group and other claimaints.

I found 2 judgements in other forum posts - one against parcel2go and the other against parcelhero.

Could anyone please direct me to the 3rd judgement as i'd like to read it and consider it, along with the other 2 judgements when building and preparing my claim.

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Thank you very much for this. I'll take a look at the 3rd judgement and the skeleton argument as part of my research and prep work this week.

For anyone looking for the judgements and skeleton argument that @BankFodder is referring to, they can be found on this forum via this link: 

 

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The LOC draft in my earlier comments was sent to Evri on 5th July, in the post (recorded delivery) and also by email. I'd also registered with the moneyclaim website.

Since then, I've been reading other people's posts/journeys with Evri including the particulars of claims. I've now drafted my POC and a timeline of events, f anyone wants to review or give any guidance, happy to take on board your feedback. I'll then be ready to submit the POC on 15th July.

 

Quote

 

Particulars of Claim

The defendant in this case is Herme s Parcelnet Limited trading as EVRI.

I am claiming as a beneficial third-party within the meaning of the Contracts (Rights of Third Parties) Act 1999.

The claimant sold a Samsung Galaxy S23 Ultra mobile phone for £839.99 on Ebay.co.uk and then used the defendant’s courier service to deliver the mobile phone parcel to a UK address. Tracking reference number: H00xxxx. The parcel never arrived at the destination and the defendant's courier service has confirmed the parcel cannot be located since it was last scanned at the defendant’s parcel hub, and therefore deem it lost.

The defendant has refused to reimburse the claimant on the basis that the claimant purchased the defendant’s delivery service through Packlink. This does not impede the defendant from executing the next day delivery service of the claimant’s parcel with reasonable care and skill. Where the defendant fails to carry out the agreed service with reasonable care and skill, the claimant has the right to seek reimbursement from the defendant.

The defendant’s own tracking service evidences the defendant had possession of the claimant’s parcel and that the defendant is unable to locate the parcel and have deemed the parcel to be lost since it was last scanned at the defendant’s parcel hub. The defendant cannot demonstrate reasonable care and skill in managing the delivery of the claimant’s parcel. Therefore, the defendant’s refusal to reimburse the claimant is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

Furthermore, the defendant excludes their liability to reimburse their customers for lost or damaged parcels and this is contrary to section 47 of the Consumer Rights Act 2015.
The defendant is prepared to waive their exclusion if the claimant pays extra money for an insurance policy which the defendant describes as "enhanced compensation"
(xxxplease check that this is the name)xxx.
The claimant chose not to purchase the defendant's insurance policy on the basis that requiring customers to pay an extra fee in order to enjoy rights already guaranteed under the 2015 Act is contrary to ss.47 and 72 of the 2015 Act and therefore unnecessary and unenforceable.

The claimant seeks the value of the item of £839.99, plus eBay fees of £21.80, plus interest pursuant to section 69 of the County Courts act 1984.


Timeline

13 June 2023

- Purchased Evri next day delivery service with reference number H00xxxx for the item sold on eBay. This was purchased via Packlink. Parcel is packed and prepared for drop off.

 

14 June 2023

- Parcel dropped off at local ParcelShop. ParcelShop accepts the parcel and provides me with an Evri receipt and tracking number. Evri’s online tracking confirms that at 09:42 the parcel was received at the ParcelShop and will be collected shortly. Tracking at 13:24 confirms the parcel has been collected by Evri.

 

15 June 2023

- Evri’s online tracking informs that at 09:51 the parcel was received at the ParcelShop and will be collected shortly. Tracking at 13:06 confirms the parcel has been collected by Evri.

 

16 June 2023

- Evri’s online tracking informs that at 13:21 the parcel was received at the ParcelShop and will be collected shortly.

- I notice that the parcel should have been delivered by today as Evri’s next day delivery service was used. I try to contact Evri by webchat on the Evri website, and send an email to Martijn.DeLange@evri.com (CEO) and carl.lyon@evri.com (COO) explaining that the tracking is just repeating itself and my concern that Evri has lost my parcel.

- I contact Packlink to make them aware of my concern. Packlink inform they will follow up on this delivery with the courier.

 

17 June 2023

- I email Packlink to inform that my priority is to get to get assured that the package has not been lost and will still be delivered, and request that they push Evri to deal with this as a matter of priority, and provide an update.

- Evri’s online tracking informs that the parcel is being processed at their hub. Email received from EvriSupport@evri.com that my parcel enquiry is being looked into by the Customer Services Team.

 

19 June 2023

- Packlink email me to inform that the parcel is on its way for delivery. They also inform that Evri also confirmed this same feedback in their last email. I inform Packlink that there is no change to the tracking status since 17 June 2023.

- Email received from Evri’s Executive Office informing that the tracking has not updated since 17 June 2023 and they want to carry out further investigations. Further information of the parcel including description of the contents and packaging is requested. I provide this information with supporting photos of the parcel and packaging to Evri on the same day.

 

20 June 2023

- eBay Buyer requests refund of £839.99 for non-delivery of the item. I provide a full refund on 23 June 2023.

 

24 June 2023

- Evri’s Executive Office confirms that they have been unable to locate my parcel and therefore they deem the parcel lost in the network. They further inform that while the parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation and any claims for lost parcels will need to go to them.

- Further email enquiries are raised between 24 – 28 June 2023 requesting Evri to reimburse me for the full amount as I am now at a loss due to their negligence and to deal with this matter as a formal complaint.

 

29 June 2023

- Packlink inform me that Evri have declared the loss of the parcel in transit. Packlink requests to submit a Loss Claim GB20xxxx. I file the Loss Claim on the same day, and Packlink confirms a formal investigation has been opened for a lost parcel with Evri.

 

30 June 2023

- Packlink confirms compensation amount of £25 and a refund of postage cost. This is done unilaterally without my agreement. Compensation is paid 13 July 2023.

 

05 July 2023

- I make further attempts to resolve this matter with Evri with requests for reimbursement and to deal with this matter as a complaint. Evri explains that I did not pay for their service and the agreement of my parcel is with Packlink as I had paid them for the service. Evri inform that I can this further down the legal route.

- Letter of claim sent to Evri today clearly stating that I would issue a county court claim against them in 14 days and without any further notice unless they reimburse me in full before that date.

 

 

Edited by BankFodder
Edits in red
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Hi thanks for your amends.

On Packlink, the non-insured option for delivery by Evri did not offer proof of delivery, so I chose delivery by Evri with "standard insurance" which provides proof of delivery.

Evri have not declined to reimburse me because of the insurance. Instead, they are saying that while the parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation and any claims should go to Packlink.

Therefore, I'm unsure if your amends apply in this situation.

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 i'll add in your edits. Where necessary, i'll update the draft POC to say "insurance policy". I'll upload the updated POC this week.

Is there anything else that you think i may need to prepare to submit on MCOL?

I will begin to work on a draft skeleton document once I've submitted the POC on MCOL.

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  • 2 weeks later...

tomorrow I submit the MCOL.

The last of the 14 days since my LOC is today and no response heard from Evri to the LOC (unless magically they respond in the next 30mins). 

I've been on the MCOL website working on my POC as there is a limit of 1080 characters / 15 lines.

The updated POC draft is below: 

I am claiming as a beneficial third-party within the meaning of the Contracts (Rights of Third Parties) Act 1999.

The defendant has lost the claimant's parcel containing a xxxxx (valued at £839.99) that was sent to a UK address using
the defendant's delivery service (Tracking reference: xxxxx).

The defendant has failed to demonstrate reasonable care and skill resulting in the loss of the claimant’s parcel, but has refused to reimburse the claimant.

The defendant’s refusal to reimburse the claimant is unfair within the meaning of the Consumer Rights Act 2015 and
therefore unenforceable.

The claimant seeks reimbursement of the value of the item £839.99, plus eBay fees of £21.80, plus interest from the defendant.


The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 23/06/2023 to 19/07/2023 on £861.79 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.19

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Worth noting that where interest is being claimed on the MCOL website, it auto-populates the interest wording thats in my draft POC.

I take on board your point about POCs. First time doing this and this is a learning curve. Will take on board your amends to my draft POC.

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Not sure if there is a new MCOL system as it looks like the same one i registered on a few weeks ago.

There is a limit of 1080 characters / 15 lines in the POC on MCOL so i dont think your amends will fit. My draft wording posted above today fits in the 15 lines limit.

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Yeah its that 15 lines that makes it difficult. If you think my draft POC below is fine (same as one i posted above earlier), I'll continue to use that, as it fits in the 15 lines limit on MCOL:

I am claiming as a beneficial third-party

within the meaning of the Contracts (Rights

of Third Parties) Act 1999. The defendant has

lost the claimant's parcel containing a

xxxxx (valued at 

£839.99) that was sent to a UK address using

the defendant's delivery service (Tracking

reference: xxxxx). The defendant

has failed to demonstrate reasonable care and

skill resulting in the loss of the claimant’s

parcel, but has refused to reimburse the

claimant. The defendant’s refusal to

reimburse the claimant is unfair within the

meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks

reimbursement of the value of the item of

£839.99, plus eBay fees of £21.80, plus

interest from the defendant.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 23/06/2023 to 19/07/2023 on

£861.79 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £0.19

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On Packlink, they offer 3 packages but its not known as "Standard insurance". I had got that wrong. If i recall, they are:

- no protection (free)

- proof of postage = this gives £25 protection and a signature at delivery (costs around extra £1).

- enhanced protection = this gives protection for full value of parcel (costs vary but can be extra £20-£30+).

I will check Packlink later today and check the above are correct

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Yes those amends work. I have removed the "plus interest per s. 69 County Courts Act 1984", as when claiming for interest and entering the dates / daily rate of interest, the MCOL auto-populates the below wording into the POC

The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 23/06/2023 to 19/07/2023 on
£861.79 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £0.19.

Re: the insurance, I will confirm once checked.

 

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I've had a look at the insurance options on Packlink where Evri is the selected delivery service. The 3 options are:

- standard protection (£25 standard compensation)

- proof of postage (£25 + signature)

- full protection (covers the full value of item + signature)

 

Edited by occysrazor
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Submitted the POC this evening on MCOL and paid £70 fee. Received confirmation on the MCOL website that the claim request has been accepted and Evri has 14 days from the date of service of the claim to reply. So Evri has until 1st August to reply. I will start work on the next steps - drafting a skeleton/witness statement.

If anyone thinks there is anything else I need to consider, please do let me know. I'll also look at some of the other threads for guidance and continue my research.

For reference, below is an extract of the POC which fits within the 1080 characters / 15 lines limit on MCOL (excluding the interest claim under s69 wording that MCOL auto-populates into the POC):

Claim

Claim number: xxxxx
Reference: July 2023 - Evri
 

Claimant

xxxxx
 

First Defendant

EVRi Parcelnet Ltd trading as Evri
Capitol House
1 Capitol Close
Morley
LEEDS
LS27 0WH

Particulars of Claim

I am claiming as a beneficial third-party per
the Contracts (Rights of Third Parties) Act
1999. The defendant has lost the claimant's
parcel containing a xxxxx mobile
phone (valued at £839.99) that was sent to a
UK address using their delivery service
(Tracking Reference xxxxx). The
defendant lost the parcel and refuses to
reimburse the claimant on the grounds that
the claimant did not purchase their secondary
insurance contract. The defendant seeks to
exclude their liability in breach of section
57 Consumer Rights Act. The secondary
insurance contract is in breach of section
72. The claimant seeks reimbursement of
£839.99, plus eBay fees of £21.80, plus court
fees, plus interest.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 23/06/2023 to 19/07/2023 on
£861.79 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £0.19.
 

Details of claim

Amount claimed £861.79

Court fee £70.00

Total amount £931.79

 

Signed

xxxx

Edited by occysrazor
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  • 2 weeks later...

Just sharing an update. Received a notice of issue in the post on 25th July 2023. It explains:

  • my claim was issued on 20th July 2023,
  • claim sent by the court to defendant on that date and is deemed to be served on 25th July 2023.
  • Defendant has until 8th Aug 2023 to reply.

 

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  • 2 weeks later...

Having read Evri's defence, as usual they are disputing the claim, stating they only have limited tracking information, that it is denied that I am entitled to claim against them under the Contracts Right of 3rd Parties Act 1999, that my relationship is with Packlink, that i should cease this claim and contact Packlink to seek reimbursement. I did not see a name of any particular person on Evri's defence and instead the document is signed as Evri Legal Department.

Below is the full extract of Evri's defence:

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence


1. If any part of the Particulars of Claim are not expressly
admitted or denied below, such parts are denied by the Defendant
entirely.
2. The Defendant serves this Defence subject to the following
objection to the manner in which this claim is brought. The
Particulars of Claim fail to provide details about any contractual
relationship which is alleged to exist between the Claimant and
the Defendant.

Background

3. The Defendant is and was at all material times a company
limited by shares in the business of providing delivery services
on a business to business, business to consumer and consumer to
consumer basis.
4. In addition to providing delivery service to its own customers,
the Defendant also works as a subcontractor to provide delivery
services to customers of PACKLINK Shipping S.L (“Packlink”) who
are a company registered in, Spain with the number CIF B83357863
whose registered address is Calle Amaltea, 9 28045 Madrid pursuant
to a pre-existing commercial agreement to carry out delivery
services.
5. Packlink provides delivery services to users of the online
auction site/retail site ‘eBay.co.uk’. eBay.co.uk users can opt to
use the Defendant’s delivery services via Packlink. This means
that the Defendant does not have any contractual relationship with
Packlink ‘s customers. They, as is the case with the Claimant,
contract solely with Packlink.
6. As there is no contract between the Claimant and the Defendant,
the Defendant only has limited tracking information about the
parcel.
7. The tracking information shows that on or around 14th June
2023, the Claimant’s parcel entered the Defendant’s delivery
network after the Claimant sent the parcel via one of the
Defendant’s ParcelShops.
8. The last tracking point for the Parcel was on 17th June 2023.
There are no further tracking points after this date and therefore
the Defendant accepts that the Parcel is lost.

The Claim Value

9. The Claimant seeks to recover £931.79 including court fees of
£70.00.
10. The Claimant is put to strict proof as to the value of the
claim. The Defendant has limited information regarding the Parcel
due to the lack of contractual relationship between the Claimant
and the Defendant.
The Defence
11. The Defendant denies that it is liable to pay the Claimant the
damages claimed for breach of contract and/or negligence.
12. This Defence is a response to the Particulars of Claim which
are set out in the ‘Particulars of Claim’ on page 1 of the claim
form.

Claim Form – Particulars of Claim

13. The first sentence of the Particulars of Claim is noted. It is
denied that the Claimant is entitled to claim against the
Defendant under the Contracts (Rights of Third Parties) Act 1999.
14. The second sentence of the Particulars of Claim is neither
admitted nor denied. The Defendant has limited information with
regards to the contents of the Parcel. The Claimant has a contract
with Packlink and not the Defendant in this matter.
15. The third to fifth sentences of the Particulars of Claim are
neither admitted nor denied and the Claimant is put to strict
proof. The Defendant has on multiple occasions redirected the
Claimant to the correct party, which in this case is Packlink. The
Claimant is aware that their contract is with Packlink and the
Defendant reiterates that the Claimant should cease this claim and
contact Packlink.
16. The sixth sentence of the Particulars of Claim is denied. The
Claimant should seek reimbursement from Packlink.
17. The seventh sentence of the Particulars of Claim is neither
admitted nor denied and the Claimant is put to strict proof.

No contractual relationship

18. There is no contract between the Claimant and the Defendant.
19. The Claimant entered into a contract with Packlink.
20. This was made very clear during the order process.
21. The Claimant should desist with this claim and contact
Packlink.

Claim for Compensation

22. The Claimant claims £931.79
23. As explained above, it is denied that the Defendant owes the
Claimant £931.79, or in any sum at all.

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

Evri Legal Department

Legal Department

11/08/2023

 

 

Address to which notices about this claim can be sent to you

Capitol House

1 Capitol Close

Morley

Leeds

West Yorkshire

LS27 0WH

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While doing some reading on next steps, I downloaded the Acknowledgement of Service that Evri provided on 01 Aug 2023 (attached). Just thought to share that the AOS isn't signed by the famous J. Corbett and instead it is signed by "L Haigh"

The last update on MCOL states:

  • EVRi Parcelnet Ltd trading as Evri filed a defence on 14/08/2023 at 01:05:42
  • DQ sent to EVRi Parcelnet Ltd trading as Evri on 15/08/2023

Evri's defence is attached in the previous post above.

Next steps for me is the N180 / DQ - and am waiting on instruction from MCOL to provide the relevant documents so I can complete and send.

However, if anyone thinks that there is something else I need to consider/action before the N180/DQ needs to be sent, please do let me know.

Acknowledgment of Service - 01 Aug 2023 (Redacted).pdf

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