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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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Thank you very much indeed for this very interesting and detailed account of your mediation experience.

On one hand I am very sorry that the mediation failed didn't get your money.

On the other hand, we are delighted because this is another opportunity to get hold of a judgement against EVRi which will add to the weight of evidence which we have against them.

Start preparing your witness statement and your court bundle.

There is no doubt that the boys and girls that EVRi are watching this thread and others – but who cares? We are honest and straight dealing and of course the law is on our side – and they know it.

EVRi are a bunch of time wasters when they ask why you didn't pursue Packlink. They know full well why you don't pursue Packlink. Or if they don't know then they are any more stupid than we ever imagined. Maybe they simply don't pay attention to what is going on or maybe they simply don't understand the law.

By their obstinate stupidity, they are contributing to the gradual collapse of the parcel delivery industry business model of making huge amounts of money through insurance.
This is the real reason why they have their insurance requirement.
I estimate that EVRi alone are probably making over £3 billion a year insurance. The entire industry is probably making 8 billion. Also, the insurance is unregulated and unauthorised by the FCA and I believe that it should be and if that's correct then also is a criminal offence to operate an authorised and unregulated insurance – at least without an FCA exemption.

Please keep us updated and let us know as soon as you are informed about a court hearing.

I don't think that we have seen a copy of your particulars of claim in original in PDF format

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  • 5 weeks later...

Hi all, I received a letter recently explaining that the claim has been transferred to the county court hearing centre (my local county court) for allocation. A procedural judge will allocate the claim to track and give case management directions. A notice of allocation will be sent to me with details of the judge's directions.

In preparation for this, I have been collating all of the necessary evidence for my case and have researched WS and court bundles from the various other cases. 

It should be noted that in my case, Evri have only brought up the 3rd party issue as I had purchased their delivery via Packlink. They have not mentioned the insurance requirement during my emails with them or during mediation. However, to cover all bases, my Witness Statement covers both 3rd party issue and insurance.

Attached is my draft PDF of the witness statement and court bundle, if someone could kindly review and provide any feedback.

I also wasn't sure where I could include the point that I am asking Evri to pay 8% interest on the claim amount, which was raised in my POC - any guidance on whether/where this should be included in the WS would be appreciated.

 

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Please monitor the thread for a reply later on or probably tomorrow

 

Paragraph 2, you should make it clear that this reimbursement was made unilaterally and it was not accepted by you by way of full settlement. You did not agree to reimbursement.

Paragraph 3 – completely unnecessary

Paragraph 4, make it clear that not only were you the customer that as the customer, you are clearly a discernible beneficiary of the contract stop

Paragraphs 11 and 12, you should express them differently. The defendants have agreed that they have lost my parcel while in their possession.

Number 13, this is completely wrong. He didn't have a contract with the defendant that is the whole issue. If you try to run this idea then you will simply fall into a trap of your own making.

Paragraph 14 – completely unnecessary.

You should start a new paragraph before paragraph 14. The claimant did not directly contract with the defendant but instead used the services of pack link, a comparison website and third-party parcel broker domiciled in Spain which in turn entered into a contract with the defendant.

As the claimant did not directly contract with the defendant, the claimant is relying on his rights under the Contracts (Rights of Third Parties) Act 1999 and as a discernible beneficiary to the contract between pack link and the defendant, the defendant is entitled to exercise all rights of a contracting party to that contract.

The claimant has made this point clear in paragraph XXX of their claim. The defendant has not referred to this. The defendant has not attempted to rebut this all to deny in any way. Therefore it must be taken that whatever is not denied is admitted by the defendant.

On that basis, the defendant has raised no other objection to the claim and so the court is invited to give judgement for the claimant as the defendant has offered no other argument as to why the claim should not succeed.

Something like that lot anyway.

You have then gone on to talk about the insurance requirement – although you have earlier said that there is no reference to this in their defence.

Please can you review your witness statement in the light of the comments I made above and let's have a look at a second draft.

You don't have a court date yet so there is no hurry.


In terms of the insurance requirement – which they have not mentioned so far, I think that you should definitely include it in your witness statement that point out to the court that although it has not been raised as an issue, you believe that the defendant may fall back on this once they realise that there is no basis for their third party rights argument and in that case you are making the following points in reference to their insurance common in your witness statement – blah blah blah


On the matter of third party rights, there has been one judgement which has confirmed our position. The case was heard at Brentford County Court. There have been various attempts to get hold of the transcript from the judge and the judge is withholding it. We don't know why and there has been a complaint made to the information Commissioner and the Commissioner has decided that the court is in breach of the Freedom of information act.

I think that this judgement is important to you and so I would suggest that you make an application to Brentford County Court for a copy of the judgement. Please send me your contact details including telephone number in confidence to our admin email address.

I will send you a partially completed EX107 which is asking for the judgement. You will have to email it to Brentford County Court. The transcript will cost a certain amount of money – probably not more than £50 and if you are lucky enough to get a copy of the transcript then we will reimburse you immediately. Don't worry about that.

This judgement will be very important to many people.

I'm not sure but I have a sneaky suspicion that it was EVRi themselves who objected to the disclosure of the judgement and we are trying to find out more information.

 

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thank you for your feedback above.

I will make updates to my draft WS / Court bundle in light of your comments and then share the updated draft WS / Court Bundle here

 The second draft of the Ws / Court bundle is attached and the updates are in blue font.

Any further feedback / improvements is welcome 🙂

 

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  • 4 weeks later...

Hi, yes there is still time.

I also noted that there is a judgement available on this forum on the 3rd party rights. I am looking to amend my WS after Christmas next week to include this judgement in the court bundle.

If there is any feedback to my Ws / Court Bundle that was shared on 01 Dec, I can take that on board when I make the amends next week.

I'll then share an updated WS / Court bundle on this thread for any further comments, while I await further instructions from the court on when to provide it with my WS / Court Bundle.

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Sorry but you should have had a date on your judgement/legal advisor order?

Or are you just preparing it before even being told by the court?

Sorry I'm not so well caught up with this thread.

Sorry one thing I've noticed and I think you picked up on it, but get the farooq and evri case in there.

underpaid paralegal

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No worries. In my above post on 26 November, I received a letter explaining that the claim has been transferred to the county court hearing centre (my local county court) for allocation. A procedural judge will allocate the claim to track and give case management directions. A notice of allocation will be sent to me with details of the judge's directions.

No date on judgement / legal advisor order, or a notice of allocation has yet been received, and so I am preparing for it in advance of receiving this information.

I understand it will take months before any allocation to the courts is received.

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While the claim originally was raised through Money Claims service, I have not gone back to check on it after my mediation appointment and then receiving the notice of transfer of proceedings.

Attached is the pdf of the letter i received (notice of transfer of proceedings) which was referenced in Post #79 of this thread.

 

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Ok. Now you wait for the date of the hearing and start preparing your bundle.

Please keep us updated as to the date of the hearing and also it will be helpful if you would send me by private message the claim details etc of the case for our records.

Thanks

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thanks and yes,

I have been preparing my WS and court bundle.

The most recent draft is attached in post #83 above. I am going to make some amends to that draft as I have seen the transcript is now available for the case on 3rd party rights which won at court. I'll share the updated draft as soon as its ready.

I have PM'd you with the claim details as requested.

Attached is the latest draft WS / Court Bundle document.

This has been updated to now include the recent case on 3rd party rights against Evri/EVRi which the claimant won and for which a transcript is now available.

Further updates were also made following the feedback in post #81.

All updates are in blue font.

If there is any further feedback or improvements to make, please do let me know. Thanks!

 

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May not have time to look at it for a few days – but just to let you know we have another third party rights case transcript coming up in the next two or three weeks. It is a case against UPS and unfortunately UPS won the case.

However I think it will go in your favour to include that in the bundle to point out to the judge that you are trying to be evenhanded. Once we see the transcript we will make our own comments on it and understand why was the judge did not accept that the claimant had third party rights in a claim against UPS when they used Packlink as the broker.
I understand that one of the reasons the judge gave was that the claimant was not a named party in the contract between Packlink and UPS. If this is what the judge says then it is nonsense because nowhere in the Contracts (Rights of Third Parties) Act 1999 does it say that beneficiary must be specifically identified. Only that they fall within a class of beneficiaries and it is clear that a sender and a recipient are within a class of beneficiaries especially when the contracting parties – Packlink and UPS are fully aware that they are each acting on behalf of somebody outside the contract.

Keep an eye on the third party rights thread at the top of this sub- forum for further news and a copy of the case when we receive it.

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Thanks  - my draft is available for whenever you / other forum members have some spare time to review/feedback as i appreciate it is the festive period and all of this is done voluntarily.

I'll also wait to see that transcript and then consider including it in the bundle.

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It's not a question of considering putting in your bundle. You must put in your bundle. We have already informed Hugo Martin – the head legal honcho at EVRi and also told him to tell The Children that we have an adverse judgement and that we will be including it in our bundles in future.
We will also be sending a copy to Hugo Martin. We have also sent in the other judgements which are adverse to EVRi and we have informed him that the court will be informed that he is fully on notice and that so are The Children

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  • dx100uk changed the title to Evri lost my Ebay parcel £844 - court claim issued

thread title updated

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for the feedback.

I didn't see a cover letter before in other threads, but I'll research more on this forum to find examples of the cover letter and the more conventional index that's used.

If there are any threads that come to mind which you think I should look at as an example for cover letter / index, please do let me know.

I will also get in contact with the court by phone/email for an update on my case. As far as I'm aware, I understand it can take many months for allocation to the courts/judge.

I have also checked Money Claims website which shows that my case has been transferred to my county court.

This transfer took place shortly before I received the letter attached in post #89.

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