Evri lost my Ebay parcel £844 - court claim issued

[BankFodder]

I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date.

They know that what they are doing is thoroughly wrong and dishonest and contrary to law.

They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid.

Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it

[occysrazor]

Thanks for the feedback. I have added the new paragraph 47 to my version of the WS / court bundle as per the feedback.

I won't be uploading an updated version of the WS / court bundle here, given there is no other changes needed to the previous WS / court bundle uploaded yesterday (post #244).

I will now get 2 copies of the updated final WS / court bundle printed and ready to post to the Court and to Evri.

For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June.

I'll keep you all updated on if Evri reaches out to me before the trial date. 

[BankFodder]

There won't be any more amendments but please do upload The final version because other people who need similar help might find some of the contents useful

[occysrazor]

Sure, although i'd like to think other people would read the thread to access the final version uploaded yesterday and recognise that there was feedback post-upload for only a new paragraph 47 to be added.

Anyway, attached is the redacted updated final version of the WS / Court bundle with the new paragraph.

Final WS and Court Bundle redacted.pdf

[BankFodder]

It would be helpful if the entire final version appeared in one document .

Also I am going to go back and delete the draft unamended versions in order to recover a bit of space

 

[occysrazor]

Hi, yes the entire final version is in the 1 document uploaded today.

Make sense to have the previous draft versions deleted to avoid confusion - i believe there are at least 15 previous drafts (before i stopped counting)!!

[occysrazor]

Hi, just getting ready to print and post the WS / court bundle.

Does the envelope have to be addressed to anyone in particular (e.g., head of legal), or can it just be sent to the The legal department with the usual Evri address?

i.e.: The legal department, Herme5 parcelnet limited t/a Evri, Capitol House, 1 Capitol Close, Leeds Morley, LS27 0WH

[dx100uk]

the person/address that they used to file their defence from.

[jk2054]

4 hours ago, occysrazor said:

Hi, just getting ready to print and post the WS / court bundle.

Does the envelope have to be addressed to anyone in particular (e.g., head of legal), or can it just be sent to the The legal department with the usual Evri address?

i.e.: The legal department, Herme5 parcelnet limited t/a Evri, Capitol House, 1 Capitol Close, Leeds Morley, LS27 0WH

 

You can email EVRi theirs.

[occysrazor]

Thanks both. I've used the address in Evri's POC where its the same as my post above except it's Evri legal department instead of "the" legal department

I'll also email to Evri's - is it their usual customer services email address or is there another one?

[jk2054]

Evri Claims <EVRI.CLAIMS@EVRi-europe.co.uk>

Small CLaims small.claims@EVRi-europe.co.uk

send to one of these, cc the other.

No real point in wasting the pages printing for evri because they'll scan and sent to an advocate, so by email should be easier.

up to you of course.

Edited May 14 by jk2054

[occysrazor]

Hi all,

Just an update that I posted the bundle to the county court and to Evri earlier in the week.

I have also sent a copy to the court by email.

I did email a copy to Evri using the 2 email addresses above, and received an undeliverable email saying that the email does not exist:

• EVRI.CLAIMS@EVRi-europe.co.uk
• small.claims@EVRi-europe.co.uk

if there are any other email addresses that have successfully worked, please do let me know.

[jk2054]

.

Evri.Claims@EVRi-europe.co.uk

Small.Claims@EVRi-europe.co.uk

The site auto changes it. It needs to be the old name for evri 

Evri Claims <EVRI.CLAIMS@hermés-europe.co.uk>

Small CLaims small.claims@hermés-europe.co.uk

use these but change the e to the one without the accent

the site auto changes them sadly

its evris old name is the email domain

[dx100uk]

numerous posts merged

so its simply as ive highlighted in red the e has a hyphen when it should not?

dx

[jk2054]

Yes

but the problem is if you try to type the word hermés without the accent the site auto replaces the word to evri

but for the email it is hermés europe not evri europe so the auto correct causes the email to be displayed wrong hence it bounced

[honeybee13]

I didn't think email addresses worried about upper case or lower case or accents, but are you sure that the accent on EVRi isn't è with the accent going down from left to right, rather than up? That's how it would be in French.

[jk2054]

Your not understanding the probelm.

 

The problem is when i write the old name of evri (which is hermés without the accent) this forum auto changes it to evri which means the email address the OP ends up using is wrong.

 

 

[occysrazor]

Hi all,

I sent a copy of the court bundle to the 2 email addresses provided by JK and followed the instructions to change the hyphenated é to a normal e in the email address. This has worked as I have not received an undeliverable email saying that the email does not exist.

As per my previous posts, a copy of the court bundle has also been sent by post to the court and to Evri.

[jk2054]

Glad you understood my awful instructions haha

[AndyOrch]

It should be resolved now

[occysrazor]

Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June.

Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri.

In the main:

• The WS is signed by George Wood.
• Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim.
• Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink
• They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs.
• They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen.
• They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82.
• They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri.
• Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states: 

  ‘Contracts (Rights of Third Parties) Act 1999

  A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’

  This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.

 

Having read Evri's WS and considered the main points above, I have made these observations:

• Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence.
• Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute.
• Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute.
• Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states: 
  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line.
  (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency
   
• This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri.
• Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel. 
• As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence.
• Clearly Evri have not read by WS as the above is all clearly explained in there.

 

I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS.

However, before i do that, If there is anything additional I should further add to the email, please do let me know.

Thanks.

Evri Witness Statement Redacted v1 compressed.pdf

Edited May 23 by occysrazor

[jk2054]

Ok so they have given you the contract of you and packlink.

your enforcing the rights of the contract between evri and packlink.... so I don't really think this contract makes a smudge of difference.

unless ive missed something @BankFodder

 

Also on the bit that says "Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink,"

 

such agreement hasnt been provided so can't be considered. judges arent goign to consider a term that the defendant has just said exists.

thats not how it works.

 

 

Edited May 23 by jk2054

[BankFodder]

Quote

• Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states: 
  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line.
  (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency
   

This is a very important find. I don't understand why nobody has picked up on this before.

It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage.

This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights.

Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge. 

Please will you screenshot the passage. Give us a link and then stand by for a response later on today.

We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline.

And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.

[occysrazor]

Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday.

I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246.

see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV

Screenshot attached below.

I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs.

In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle.

Screenshot_20240524_024259_Chrome.pdf

[occysrazor]

I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri.

When clicking on this, it redirects to Evri's send terms and conditions, which says:

Our contract with you

When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong.

Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions

the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract.

Screenshot of the above extract attached.

Screenshot_20240524_030834_Chrome.pdf