EVRi delivered parcel to a commercial property

[jk2054]

Hi,

I recently sent shoes via EVRI.

The recipient put a house name for the delivery, but EVRi has delivered it to a commercial shop.

The recipient has tried to retrieve it but hasnt been able to.

Evri then declared the parcel lost, advised me to raise a claim (which I did) and then they’ve now decided that the parcel isnt lost.

I’ve issued them with a letter of claim (ignored).

Would I just be following the same pattern as all other EVRI claims here except excluding the part that says that i didnt have the insurance since I did,

but instead focus on a breach of contract and the misspelling of signature?
 

Thanks

[BankFodder]

Yes.

However you could also refer to the insurance and ask for the premium back pointing out that it is an insurance policy which is being sold in breach of section 72 consumer rights act as it is a secondary contract and it is calculated to contribute to the excluding of consumer rights under section 57.

[jk2054]

Hello,

 

I've looked over the EVRi website and they label their insurance as having "Guaranteed piece of mind".

 

Should I add in my POC that this is false advertising and is misleading to class it as "Guaranteed piece of mind"?

 

Also could/should  I reference the fraud act 2006? specifically section 4?

Thanks

 

[BankFodder]

No. Neither of those

[jk2054]

Ok, will post a POC later today 

[jk2054]

Sorry for the delay.

 

Please see retracted POC attached. 

If I'm correct in thinking im essentially using the same arguement as against UPS since it's pretty much the same situation. Only difference is this time they've given the misdelivered location that they delivered it to whereas UPS are insisting that they delivered it to the correct property.

Please let me know of any changes.

 

 

EVC-10028 POC COMP.pdf

[BankFodder]

Quote

I used the defendant’s courier service to send a pair of Supreme x nike dunk low stars blue
size UK 9  value £556.

My parcel was assigned the tracking number XXXXX by the defendant.

Quote

In any case, the defendant has failed to deliver the parcel to the recipient’s address is required by the contract instead
delivering it to a store where the recipient cannot retrieve it.

The defendant has admitted themselves in writing that they delivered it to an address which is different to that on the
label.

As such the defendant has breached their own terms and conditions.

One point per paragraph

Quote

Additionally, the defendant is attempting to exclude their liability to reimburse customers for
their lost and/or damaged parcels and this is contrary to section 57 of the consumer rights
act 2015 unless they purchase the defendant's insurance policy which is a secondary contract and prohibited within the meaning of section 72 of the consumer rights act

Quote

I declared the value on the defendant’s website at 556.00 (as this was the price it cost me to
acquire the goods).

It is worth noting that I paid for the defendant’s “Full cover” insurance policy despite the fact that requiring customers to pay an extra
fee in order to enjoy rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 of said act and is therefore unenforceable and unnecessary.

I paid the defendant £30.01 in shipping costs including the cost of the defendants insurance policy which as has already been pointed out is a prohibited secondary contract under section 72 of the consumer rights act 2015 .

The paragraph should be numbered and one point per paragraph generally.

Incorporate that lot above and then let's have a look

[jk2054]

Hello,

 

Just one question. Where you've said " unless they purchase the defendant's insurance policy which is a secondary contract and prohibited within the meaning of section 72 of the consumer rights act"

surely this  is not correct to include?

My claim is that they are excluding their liability based on the fact they claim to have delivred it correctly despite previously admitting they did not rather than that they are excluding it under the purposes of insurance so surely the bit above doesnt make sense since I purchased the insurance?

 

Rest updated. please do let me know

EVC-10028 POC COMP (1).pdf

[BankFodder]

No it's fine. What you are doing is pointing out to the judge that they are operating an illegal insurance policy scheme and also you are justifying recovering your insurance premium from them

[jk2054]

ok anything else I should change?

[BankFodder]

Quote

By delivering the parcel to the incorrect location – rather than the address provided by the claimant….

 

Don't forget to include a statement of truth at the bottom and of course to sign and date it

[jk2054]

ok thank you, will submit it on day 15.

 

[jk2054]

received an acknoldgement of service but nothing else

 

signed by

[BankFodder]

Quite normal.

This extends their time for filing a defence to 28 days after service of the claim.

What day is that?

Also, have you done lots of reading of the stories on this sub- forum? Do you understand all principles involved?

[jk2054]

Yep I got it, waiting for their defence,

sorry I think the day is going to be the 9th October 2023

[BankFodder]

Please make sure you get all the reading done. If you think you've done it all – then do some more. There is no downside.

[jk2054]

Sounds good

 

[BankFodder]

I see that     has now deleted his LinkedIn account as well.

I suppose they are all ashamed of what they are doing

[jk2054]

oh he has wow

[jk2054]

For familiarisation visits to CC do you need to let them know your coming in advance? Also how do you know what time proceedings start, is it just set at 9am?

[BankFodder]

No you don't need to let them know an advance just go in and see the usher firstly very politely.

I think that you will find that county courts open to the public at about 10:00.

[jk2054]

sorry but how do you find out who the usher is? 

[BankFodder]

Go to the court and ask. There will be security on the door and they will tell you. They will also want to know why you are there. Don't take any cameras or recording equipment.

Talk to the security people and they will tell you how to find the usher

[jk2054]

alright will try tomorrow

[BankFodder]

I'm sure that in my county court familiarisation guide it tells you to speak to the usher.

Did you read the guide?