Evri lost my Ebay parcel £844 - court claim issued

[occysrazor]

Just sharing an update. I have not received a mediation date yet and kept an eye weekly on MCOL for any update.

There were no changes to MCOL until I logged in today and saw this:

• Case Stay Lifted on 07/10/2023
• DQ filed on 07/10/2023

Seems like my case was suspended (or 'stayed') but I couldn't see any reason for this. I sent my DQ N180 in good time which was delivered to Civil national business centre over a month ago, and also to Evri.

I can only presume the courts are so busy that they have only picked up my DQ N180 recently, and suspended the case until they had seen sight of it.

Lets hope the case now starts to progress.

[amberastor]

Hi, I had the same issue as you and I contacted Mcol last week. They told me that the case was “stayed” which he said meant I would have to reapply, I was a bit confused about that as I’ve sent in all paperwork requested. I was put through to Civil Centre. After speaking Civil Centre and they lifted the suspension. It seems they are changing systems or something and have a ton of backlog. They said they’d contact Evri within 6 weeks and Evri have 14 days to get back to them/me or they will be taken to court.

Please call the Civil Centre at your earliest convenience and ask them to lift the suspension or it’ll stay that way until god knows how long. I must tell you the call wait time is over an hour to speak with someone but worth doing to keep your case open and the ball rolling. Good luck and let us know how you get on. 
 

 

 

 

[occysrazor]

Hi @amberastor

Thanks for this - good to know I'm not the only one whose case has been 'stayed' and I can imagine the backlog at the courts are adding to the delays, while they work through the backlogs.

Looking at MCOL it says "Case Stay Lifted on 07/10/2023" - I would take this to mean the suspension was lifted on 07/10/2023. Does your case say something similar on MCOL?

[amberastor]

2 hours ago, occysrazor said:

Just sharing an update. I have not received a mediation date yet and kept an eye weekly on MCOL for any update.

There were no changes to MCOL until I logged in today and saw this:

• Case Stay Lifted on 07/10/2023
• DQ filed on 07/10/2023

Seems like my case was suspended (or 'stayed') but I couldn't see any reason for this. I sent my DQ N180 in good time which was delivered to Civil national business centre over a month ago, and also to Evri.

I can only presume the courts are so busy that they have only picked up my DQ N180 recently, and suspended the case until they had seen sight of it.

Lets hope the case now starts to progress.

Hi @occysrazor you’re welcome. I’ve just checked my Mcol account and mine also says “stay lifted” on 4/10/23 so stayed was lifted after I contacted the Civil Centre last week. Mine says “DQ sent to Evri on 22/08/23.
I’m assuming that they’ve had some kind of clerical error?
Let’s see what the next few weeks brings. Will keep posted. 

[occysrazor]

Thanks @amberastor, looks like we are in a similar boat and maybe it was clerical error, or just that there is such a backlog with the courts / civil business centre that currently these delays are inevitable.

at least the stay has been lifted on both of our cases so hopefully things progress in the coming weeks. In the mean time, the interest continues to accumulate  

[amberastor]

Hi @occysrazor have just received an email from the court and mediation has been booked for 31/10/23. Hopefully, you’ll be getting a date soon! 

[BankFodder]

Although you wouldn't be allowed to record your calls with the mediator, you should make copious notes about what is said.

And once again, stand your ground. There is no need to give up a single penny. The money is all yours by rights. EVRi will try to save a few quid that it's peanuts to them. All they are trying to do is really obstruct you in order to discourage others.

If you have any questions between now and the mediation date then of course ask them here and we will do our level best to clear up any thing that you think you don't understand

[occysrazor]

Hey @amberastor thanks for the update, and good luck with your appointment. Let us know how you get on. I haven't heard anything yet from the court about a mediation appointment, but hopefully something will come through soon.

What email address did you receive the appointment from? I can then keep an eye out for that email address in my inbox/spam folders

[amberastor]

No worries and thanks. The email address is: [email protected] 

Am going to spend some time reading this forum (which is a god send!) clarifying all the points I need to make for mediation and get back to @BankFodder

Will definitely let you know how everything pans out. 
 

 

[occysrazor]

Thanks @amberastor I am also following your thread. I haven't yet received any email about mediation, but hopefully something will come soon.

Yes definitely good to read up on this forum and previous threads - I recommend the below thread where the OP has provided a comprehensive explanation of their mediation experience and what has happened next. It doesn't mean our mediation experience will be the same, but gives an idea of the sort of discussion/challenges to prepared for.

 

[amberastor]

47 minutes ago, occysrazor said:

Thanks @amberastor I am also following your thread. I haven't yet received any email about mediation, but hopefully something will come soon.

Yes definitely good to read up on this forum and previous threads - I recommend the below thread where the OP has provided a comprehensive explanation of their mediation experience and what has happened next. It doesn't mean our mediation experience will be the same, but gives an idea of the sort of discussion/challenges to prepared for.

 

Thanks @occysrazor so kind of you to forward this and will read later this evening. Hoping you get your date soon. A telephone call help chivvy things along? I called last week and this week got a date!

[occysrazor]

I logged into MCOL today and saw more updates about the stay being lifted again (since my update last week). Think there seems to be some confusion with the case, so i will definitely call up this week for a clear update on the case and ask about the mediation appointment:

Case Stay Lifted on 07/10/2023

DQ filed on 07/10/2023

Case Stay Lifted on 10/10/2023

EVRi Parcelnet Ltd trading as Evri filed a DQ on 10/10/2023

Case Stay Lifted on 12/10/2023

[BankFodder]

Yes I am afraid that the county court staff are completely disorganised.

Good idea to call them and try to clarify things

[amberastor]

20 hours ago, occysrazor said:

I logged into MCOL today and saw more updates about the stay being lifted again (since my update last week). Think there seems to be some confusion with the case, so i will definitely call up this week for a clear update on the case and ask about the mediation appointment:

Case Stay Lifted on 07/10/2023

DQ filed on 07/10/2023

Case Stay Lifted on 10/10/2023

EVRi Parcelnet Ltd trading as Evri filed a DQ on 10/10/2023

Case Stay Lifted on 12/10/2023

Hi @occysrazor I got a confirmation email this morning from mediation. See attached. Try calling the number 0300 123 4593

[occysrazor]

Thanks @amberastor and @BankFodder

Will call the mediation service 0300 123 4593 and also the MCOL / CNBC enquiry number 0300 123 1057.

I'll add an update here once I've spoken with them and get some clear answers.

[jk2054]

it currently takes the business centre 30 working days (6 weeks) to process a DQ.

That is why the stay was put in place. They lifted it after both DQ's were filed and you will now get contact from mediation when they have your appointment.

For reference the CNBC performance stats are below:

the number of days before process begins is essentially the length of the backlog.

Weekly performance national business centre updated 16 October 2023 - GOV.UK

WWW.GOV.UK

 

Edited October 18, 2023 by jk2054

[occysrazor]

After almost 2 hours on the phone to the CNBC / MCOL, and the Mediation service, I now have confirmation that mediation is booked for next Friday 27th October at lunch time.

Turns out that CNBC had saved my email address incorrectly, but the agent I spoke to has now resolved that and sent me an email where they attached the mediation appointment details. They also explained that the stays were put on while they dealt with the backlog until they were able to get process the DQ for the case from myself and from Evri (as alluded to by @jk2054 )

While on the phone to the mediation service, they have now checked that all my contact information is correct, and then also asked me the 3 statements for mediation (the statements are also in the mediation appointment letter). I answered yes to all 3 and the agent confirmed my case is suitable for mediation. 

I'm glad I called even though there are long wait times (took 1 hour 25 minutes before I spoke to CNBC agent) - thank you @amberastor for the suggestion!

Edited October 18, 2023 by occysrazor

[jk2054]

I've just got off the phone with them after 1 hour and 32 minutes.

 

rang out at 5 o clock so you did better than me.

 

Goodluck with mediation, stick with it and george wood will pay

Edited October 18, 2023 by jk2054

[occysrazor]

I'm glad I rang at 3pm as it gave just enough time to get through to CNBC who then transferred me to the mediation service. There was an automated message to call back tomorrow as they close at 5pm, but luckily the hold time was about 10 minutes before the call connected to the mediation service agent. Otherwise I'd also be calling back tomorrow.

[amberastor]

36 minutes ago, occysrazor said:

After almost 2 hours on the phone to the CNBC / MCOL, and the Mediation service, I now have confirmation that mediation is booked for next Friday 27th October at lunch time.

Turns out that CNBC had saved my email address incorrectly, but the agent I spoke to has now resolved that and sent me an email where they attached the mediation appointment details. They also explained that the stays were put on while they dealt with the backlog until they were able to get process the DQ for the case from myself and from Evri (as alluded to by @jk2054 )

While on the phone to the mediation service, they have now checked that all my contact information is correct, and then also asked me the 3 statements for mediation (the statements are also in the mediation appointment letter). I answered yes to all 3 and the agent confirmed my case is suitable for mediation. 

I'm glad I called even though there are long wait times (took 1 hour 25 minutes before I spoke to CNBC agent) - thank you @amberastor for the suggestion!

Great news! Persistence is key. 

[jk2054]

Good Luck with your mediation tomorrow.

 

Do let us know how you get on!

[occysrazor]

@jk2054 thank you! I've been prepping for it over the weekend and this week. Will share an update on how I've got on

[jk2054]

Sounds good,

 

Look forward to seeing how you get on

[occysrazor]

Hi everyone. Unfortunately, Evri and I did not come to an agreement during mediation, so the case now proceeds to court. Here's a summary of my mediation experience:

• The Mediator rang just after 12pm and the experience lasted just under 1 hour, including the back-and-forth calls between the mediator to myself/Evri.
• They provided an explanation of what is expected from mediation, any agreement becomes legally blinding, and if no agreement then the case goes to court hearing.
• I provided a summary of my claim and what had happened that resulted in why mediation was taking place.
• Provided a breakdown of how the claim amount of £931 in my POC has been calculated.
• I also explained that my total claim amount is actually £943 as I did not account for the additional costs incurred for posting the DQ documents to Evri and Civil Business Centre and sending my letter of claim by post. I also informed this excluded interest of 8% charged on the claim amount.
• Mediator informed they can only look at the £931 on this call - I agreed with this, and informed this is in Evri's benefit as I'm willing to accept this if Evri settles today.
• The mediator explained that Evri is aware of posts online. I didn't question this as the Mediator then brought up that Evri has mentioned Packlink which we then discussed - in hindsight, I should have asked what is meant by "posts online" and whether they could be referring to this forum.
• Evri raised the point of why I am not pursuing Packlink who should be liable instead of Evri - I explained that Packlink is a comparison service in the same way that Money Supermarket is a comparison service. In the event of a claim or issue, its not the comparison service that a customer can claim against.
• Evri informed that Packlink have already refunded £25 + £4.93 for the delivery cost - I explained I can take this off the £931 claim amount, which means the claim is now £901 which again is a lower amount than the £943 I am initially claiming, and this is in Evri's favour to settle today at this lower amount.
• The mediator also informed me that Evri feels they have a strong case that could win in court - I explained there are 3 judgements where judges ordered firms to pay full refunds after parcels were lost/damaged in transit. This is also highlighted in a media article in the Times this year, and sets a precedence that 3 different judges already deem the financial responsibility for the loss of good lies with the party responsible for losing the goods.
• I also explained that I benefit as a 3rd party under the Contracts Right of 3rd Parties Act 1999. Additionally, by Evri losing my parcel, they have demonstrated a lack of reasonable care and skill, which is not line with S49 of Consumer Rights Act, and I have the right to claim against Evri for the loss under these regulations.
• I offered to provide the 3 case numbers - The mediator declined this.
• Evri offered £70 initially - I declined and stuck with £901. Evri then offered £200 - I declined again. 
• The Mediator explained it takes currently up to 12 months to go to court, with the possibility of other costs as well as time. 
• I re-iterated I have reduced from £943 to £901 which is over £40 lower, it is in Evri's favour to settle at £901 and the ball is in their court. Otherwise at court, I will claim for the full amount of £943, plus interest and any additional costs.
• I again explained there are 3 judgements in the consumer's favour and this gives me the confidence to say that Evri won't want this case to go to court.
• Evri declined and provided no other counter offer.
• Therefore it now goes to court.

I was willing to compromise at £901 if it meant the matter could be resolved today, but Evri don't want to play ball. Therefore i'll wait to hear from the courts about what will happen next but am feeling confident that I did everything in my power to resolve today. As seen in other cases, now its all about to patience and building the case ready for court, with the more likely possibility that Evri will settle before it gets to court.

Overall, my mediation experience didn't have a positive conclusion, but it was a polite and adult conversation. I definitely recommend that anyone going for mediation to ensure you have done reading/research to build their confidence, know what you are talking about so it is clear for the mediator to understand and summarise, and be prepared to stand your ground to go to court.

[jk2054]

Thanks for the summary.

Also good to see EVRi turned up.

Yes posts online more than likely means this forum. We're aware EVRi read the forum but we have no objection.

 

Edited October 27, 2023 by jk2054