Evri lost my Ebay parcel £844 - court claim issued

[occysrazor]

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

[BankFodder]

7 hours ago, occysrazor said:

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 (valued at £839.99) that was sent to a UK address using their delivery service eference 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 interest per s. 69 County Courts Act 1984 

 

does that work?

4 minutes ago, occysrazor said:

I had got that wrong.

It is important that mistakes like this are not made. Please can you check

[occysrazor]

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.

 

[occysrazor]

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 July 19, 2023 by occysrazor

[occysrazor]

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 July 19, 2023 by occysrazor

[occysrazor]

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.

 

[BankFodder]

Thank you for this.

Keep on doing the reading. Monitor the County Court website just in case you are able to get judgement on 8 August – but the pattern is that they wait until the last moment and then they file an acknowledgement which gives them an extra 14 days. They always manage to get things in at the nick of time.

Lots of reading

[occysrazor]

Thanks @BankFodder Yes, I have a reminder to check the MCOL website every few days for any update - none so far. I am hoping for the best, preparing for the worst  

Will carry on with the reading of posts/threads of other members who have also battled with Evri.

[occysrazor]

Sharing an update:

MCOL shows EVRi Parcelnet Ltd trading as Evri filed an acknowledgment of service on 01/08/2023 at 16:05:08

 

Didn't see anything else on MCOL about Evri's defence. I will keep an eye and share their defence after I've received it

[BankFodder]

If you have done your reading, you will see that this is absolutely normal. Everything gets left absolutely to the last moment in order to cause maximum delay, maximum disruption, maximum obstacles to their customers legitimate claims.

Welcome to EVRi

[occysrazor]

Yes. Waiting to see what crops up from Evri by 15th Aug as that will be 14 days since Evri's acknowledgement of service.

[occysrazor]

Sharing an update from MCOL this week on my claim against Evri:

• A bar was put in place for EVRi Parcelnet Ltd trading as Evri on 14/08/2023

• 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

[occysrazor]

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

[BankFodder]

Please will you post up the original in PDF format.

[occysrazor]

Sure - attached is Evri's defence in PDF format. I've redacted my name and the claim number references, but all other information remains the same.

Doc_20230818_110714 - Redacted.pdf

Edited August 18, 2023 by occysrazor

[occysrazor]

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

[BankFodder]

Have you decided to go for mediation or to reject it?

[occysrazor]

I will go for mediation, even though i noted in other threads this is not always the best option. 

[BankFodder]

In that case all we can say is that you should stand your ground and refuse even to give up a single penny..

The money is yours. If it goes to trial then you have them over a barrel. You will win. They don't want another judgement against them.

Stand your ground whatever the cost

[occysrazor]

Absolutely.

I have been following other threads and making notes of comments from other people who have also gone to mediation. I'm in this completely, and will not move an inch - Evri failed me, so in my eyes they should be the ones compromising, not me.

I'll wait for the MCOL to update to let me know when I need to complete the DQ / N180 or wait for it to arrive in the post.

@BankFodder is there anything else you think I should do? I am continuing my reading / research on here in the mean time.

[BankFodder]

Let us know when you get a mediation date and then we will check it all over

[occysrazor]

DQ N180 arrived in the post today. Needs to be filed with the court office by 1st Sept 2023. 

Will complete the document and post to the court office tomorrow, and also send a copy to Evri.

 

[occysrazor]

Have filled in the DQ N180 online and printed 2 copies to be posted tomorrow - one to Civil National Business Service and other to Evri. Will also retain a separate copy for my own file.

Filled in the DQ N180 as follows: 

A1 yes

C1 yes

D1 no (reason: There are complex issues which will need to be argued orally.)

E1 my nearest County Court 

E2 no

E3 1

E4 yes / dates as required

E5 no

 

Also forgot to mention that as part of the paperwork received today from the court, it included a copy of acknowledgement of service and a copy of Evri's defence (detailed in my above posts).

Edited August 25, 2023 by occysrazor
added reason to D1

[dx100uk]

excellent self help..

[occysrazor]

Just sharing an update. Received a copy of Evri's DQ today in the post. They have agreed to refer to mediation. Also made me chuckle that they are not available to attend court for a hearing on 04/09/2023 - 04/12/2023. Looks like they are really busy battling the other claims which they no doubt will end up paying out on.

Also my DQ N180 has been delivered to the Civil national business centre and a copy was sent to Evri. CNBC got it on 30th Aug and Evri on 31st Aug.

It needed filing with the court by 01 Sept 2023, so am glad that it was delivered on 30th Aug to CNBC.

Now will wait to hear about mediation date, and continue reading in the mean time.