Evri - lost +£460 parcel - refused compensation even though I paid insurance.***Settled in full at mediation***

[babs71]

Claim details

Why you believe you’re owed the money:

The defendant (Evri) provided a courier service. The claimant (****) used their service to transport a parcel containing a Range Rover P38 complete EAS air suspension unit value £469.

Even though it is not permitted under section 57 of the Consumer Rights Act 2015, the defendant purports to limit their liability in the event of their failure to exercise reasonable skill and care but then goes on to sell an insurance policy to extend liability.
This insurance policy which the defendant describes as "parcel cover" and is unregulated is in any event a secondary contract and is prohibited as a secondary contract under section 72 of the Consumer Rights Act 2015.
 

The claimant, being unaware of the effects of section 57 and section 72 of the 2015 Act, took out full insurance cover for the loss or damage of the parcel valuing £469 at the cost of £22.81 for the service and cover. The defendant lost the parcel. The claimant seeks the reimbursement of £469 plus

£22.81 delivery fee plus interest pursuant to section 69 of the County Courts act 1984, the claimant also claims from the defendant all expenses of bringing this claim. The claim is for the loss of fully insured parcel and the carrier cost.

 

Timeline of what happened

 

27 May 2023

I booked the collection of my parcel C00HHA0369837802 with Evri; with full insurance cover of £469 for loss or damage. Parcel was collected by one of Evri's agents and scanned on collection

 

15 June 2023

The parcel never received another scan following the collection on the 27 May 2023, I contacted Evri to find the parcel. They admitted they couldn't find my parcel and to open a claim for loss, which I did, they advised it would take 28 working days to investigate

 

28 July 2023

Chased Evri as I hadn't heard back from them, they requested all sorts of proof and evidence, Invoice, bank transfer proof, communications with buyer, platform sold on. This was not on a platform; I sold it privately and provided an invoice for the buyer and provided screen shot of bank transfer from the buyer

 

31 July 2023

 

Evri rejected my claim as they said my invoice didn't have a company name to pose as legitimate, and closed my claim. I advised I was an individual and could proof I received the full payment from the buyer on the invoice via a bank transfer for the full amount, the buyer even made a £1 payment initially to make sure the bank details where correct then the balance was transferred between bank accounts.

 

31 July 2023

Managed to call Evri help desk who reopened my claim

 

1 August 2023

Evri subsequently contacted me via email again asking for evidence of communications between the buyer and I, once again I sent them all the same evidence already provided, bank statement, invoice and communications between the buyer and I, I have been ignored since this last email.

 

14 August 2023

Chased for an update and resent all the evidence for my claim, ignored no response

 

30 August 2023

Chased via email again but ignored with no response to my claim for compensation. I sent a letter of claim via recorded delivery advising that if I had not been paid out in full for my insured losses by the 12 September 2023, I would open a MoneyClaim with the courts against them for the value of my insured goods of £469.00 plus carrier costs of £22.81 plus interest.

 

12 August 2023

Had no communication from Evri following the proof they signed for my Letter of Claim, hence opening this MoneyClaim against them for my insured loss parcel

 

Your evidence (optional)

 

Contracts and agreements

 

Evri invoice for carriage of goods with full insurance cover for £469, parcel label and booking details

 

Letters, emails and other correspondence

Emails between Evri claims department and I, communications between buyer and I, Invoice for goods to buyer, bank statement with bank transfer details from buyer

 

Statements of account

Bank transfer details of payment made to me buy the buyer

 

Other

proof Evri signed for my Letter of claim sent on the 30 August 2023 advising if they did not settle my insured losses, I would open the MoneyClaim against them on the 12 September 2023

[BankFodder]

Please check the edits above in red

[babs71]

Many thanks BankFodder, thats perfect, is there any amendment you wish to add to the time line write-up?

[BankFodder]

No. The cause of action is expressed in the park which is headed "why you believe you are owed money".
All of the rest is simply to try and put it in context but the particulars of your claim to which I have added the passage in red are what is important.

Once you have clicked it off, please download a PDF copy and paste it here

[babs71]

okay thanks BankFodder I will upload the Pdf shortly

[babs71]

Hi BankFodder, that's my claim all submitted. 

 

In the County Court Business Centre Online Civil Money Claims

 

Claim number: 446MC899 Received on: 13 September 2023 at 9:17AM

Issued on: 13 September 2023

 

 

1.  Claimant’s details

 

2.  Defendant’s details

Name:                                               EVRi PARCELNET LIMITED T/A Evri

 

Address:                                        EVRI T/A

CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS

LS27 0WH

 

Email:                                              [email protected]

 

 

3.  Claim

 

Reason for claim:

 

3.1.   The defendant (Evri) provided a courier service. The claimant (**) used their service to transport a parcel containing a Range Rover P38 complete EAS air suspension unit value £469.

 

3.2.   Even though it is not permitted under section 57 of the Consumer Rights Act 2015, the defendant purports to limit their liability in the event of their failure to exercise reasonable skill and care but then goes on to sell an insurance policy to extend liability.

 

3.3.   This insurance policy which the defendant describes as "parcel cover" and is unregulated is in any event a secondary contract and is prohibited as a secondary contract under section 72 of the Consumer Rights Act 2015.

 

3.4.   The claimant, being unaware of the effects of section 57 and section 72 of the 2015 Act, took out full insurance cover for the loss or damage of the parcel valuing £469 at the cost of £22.81 for the service and cover. The defendant lost the parcel. The claimant seeks the reimbursement of £469 plus

 

3.5.   £22.81 delivery fee plus interest pursuant to section 69 of the County Courts act 1984, the claimant also claims from the defendant all expenses of bringing this claim. The claim is for the loss of fully insured parcel and the carrier cost.

 

 

 

 

Timeline of what happened:

27 May 2023                          I booked the collection of my parcel C00HHA0369837802 with Evri; with full insurance cover of £469 for loss or damage. Parcel was collected by one of Evri's agents and scanned on collection

15 June 2023                          The parcel never received another scan following the collection on the 27 May 2023,  I contacted Evri to find the parcel. They admitted they couldn't find my parcel and to open a claim for loss, which I did,

 

they advised it would take 28 working days to investigate

28 July 2023                           Chased Evri as I hadn't heard back from them, they requested all sorts of proof and evidence, Invoice, bank transfer proof, communications with buyer, platform sold on. This was not on a platform; I sold it privately and provided an invoice for the buyer and provided screen shot of bank transfer from the buyer

31 July 2023                           Evri rejected my claim as they said my invoice didn't have a company name to pose as legitimate, and closed my claim. I advised I was an individual and could proof I received the full payment from the buyer on the invoice via a bank transfer for the full amount, the buyer even made a £1 payment initially to make sure the bank details where correct then the balance was transferred between bank accounts.

31 July 2023                           Managed to call Evri help desk who reopened my claim

1 August 2023                        Evri subsequently contacted me via email again asking for evidence of communications between the buyer and I, once again I sent them all the same evidence already provided, bank statement, invoice and communications between the buyer and I, I have been ignored since this last email.

14 August 2023                      Chased for an update and resent all the evidence for

my claim, ignored no response

30 August 2023                      Chased via email again but ignored with no response to my claim for compensation. I sent a letter of claim via recorded delivery advising that if I had not been paid out in full for my insured losses by the 12 September 2023 I would open a MoneyClaim with the courts against them for the the value of my insured goods of £469.00 plus carrier costs of

£22.81 plus interest.

12 August 2023                      Had no communication from Evri following the

proof they signed for my Letter of Claim, hence

 

 

 

Evidence:

 

opening this MoneyClaim against them for my insured loss parcel

 

Contracts and agreements     Evri invoice for carriage of goods with full insurance

cover for £469, parcel label and booking details

 

Letters, emails and other correspondence

 

Emails between Evri claims department and I admitting they lost the parcel, communications between buyer and I, Invoice for goods to buyer, bank statement with bank transfer details from buyer

 

Statements of account           Bank transfer details of payment made to me buy

the buyer

Other                                     Proof Evri signed for my Letter of Claim sent on the 30 August 2023 advising if they did not settle my insured losses by the 12 September 2023 I would open a MoneyClaim against them.

 

 

 

4.  Claim amount details

Claim amount items:

Range Rover P38 EAS complete air suspension unit

 

 

 

 

£469

 

Insured carrier cost                £22.81

 

Interest rate claimed:                  8%

Explanation:                                    The claimant reserves the right to claim interest under Section 69 of the County Courts Act 1984

 

Date interest is claimed from: 27 May 2023

Explanation:                                    This was the date the parcel was booked for collection by Evri, and then subsequently lost by them

 

Interest end date:                         Interest will accrue at the daily rate of £0.11 up to

the date of judgment

 

 

5.  Total amount

 

 

Claim amount:                              £491.81

 

Total interest claimed to the date of submission:

 

 

£11.75

 

 

 

Claim fee:                                       £70

 

Total:                                               £573.56

 

 

6.  Statement of truth

 

 

I believe that the facts stated in this claim form are true.

I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Mrs ***

13 September 2023

 

If you don’t respond before 4pm, 2 October 2023, you could get a default County Court Judgment (CCJ) made against you.

[BankFodder]

It will be very helpful if you could get a PDF copy of this please.

Should be available from the MoneyClaim website

[babs71]

Hi Apologies I did upload on then ready you want this past, here is the pdf copy uploaded

446MC899-claim-form-claimant-copy.pdf

[babs71]

Hi all,

Do I need to do anything between now and 4pm on the 2/10/23?

What do you expect will happen next?

 

[BankFodder]

No you don't need to do anything but the fact that you are asking these questions means that you haven't done the reading.

We have asked you to read up on the stories on this sub- forum. It is very important for your knowledge and for your confidence in what you're doing. It is also very important for us because it then relieves us of the necessity to lead you by the hand on every issue.

Please will you do the reading on the sub- forum. Lots of it. You've got at least a couple of weeks

[babs71]

Hi thanks, I did do the reading a while ago, apologies with an old brain (60) that doesn't retain all the information I was just refreshing the answer with you. Apologies for this. I will go back over the reading while weighting for the 2/10/23

[BankFodder]

8 minutes ago, babs71 said:

... with an old brain (60) that doesn't retain all the information ....

At 60 years old, you are pretty much a youngster compared to the rest of the forum site team! 

[babs71]

Bless you thanks. I will do the reading again to refresh my memory, and if I hear anything in the meantime from Evri I will certainly update you all.

 

Once again thanks for this incredible help very much appreciated

[BankFodder]

Just get in there and rip their heads off. That will be gratitude enough.

Don't worry too much about the blessings.

[Nicky Boy]

1 hour ago, BankFodder said:

At 60 years old, you are pretty much a youngster compared to the rest of the forum site team! 

Eh?? Very disparaging of you BF! I'm 66 and still consider myself very much a youngster... Just a bit s-l-o-w-e-r than I used to be

[dx100uk]

and i though i was the oldest here....................

dx

 

[babs71]

this morning got and email advising Evri have requested 14 days extension. 

The defendant has requested more time to respond

EVRi PARCELNET LIMITED T/A Evri has requested an extra 14 days to respond. They now have until 4pm on 16 October 2023 to respond.

You can request a County Court Judgment against them if they don’t respond by the deadline.

[BankFodder]

This is completely normal.

They always wait until the last moment and then squeak it in just in time.

However, keep an eye open. They can make a mistake so you should be ready to apply for a judgment on the minute that the time expires.

However you can expect that the defence will be filed and you will get a copy sometime after 16 October

[babs71]

Thought as much, thanks for the fast reply BankFodder, I have diarised 4pm on the 16th, will keep you posted.

[babs71]

Good Morning All,

Evri Chat bot email update just received, they are offering to settle my claim for the postage paid and the insured amount. LOL not paying the interest or court fees. Any assistance on how to reply with non-acceptance of the offer would be very much appreciated

 

Below copy of email just received: -

Response By E-mail (   ) (06/10/2023 11.47 AM)

Hi **,
 
Thank you for submitting the required information for your claim. I’m sorry for any inconvenience caused by this situation, so I would also like to thank you for your patience while we reviewed your claim.

I understand how frustrating it can be for both you and your recipient when a parcel isn’t delivered as expected. When issues arise, we will always seek to remedy the situation and we are happy to pay up to the level of cover selected by our customers, for included items.
 
I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose, we will be processing a payment for the full value of £469.00 plus £22.81 in postage costs back to you.
 
So that we can process this as quickly as possible for you, we kindly request that you send us some details:
- your bank sort code
- your bank account number (the short one, not the long card number)
- your name as it appears on your bank card
 
Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 10 working days to reach you.
 
If you need anything in the future, please contact your Evri Customer Service Team and we’ll be happy to help.
 
Kind regards,

 
Customer Service Advisor

 

[BankFodder]

How about this:

 

Quote

Dear

Reference number XXX

Thank you for your message of XXX date and your offer, after a considerable period of time and a great deal of effort, to reimburse me the full declared value of the item which you lost plus the postage costs.

As requested, my bank details are:
XXX account number
XXX sort code
XXX name

I notice that you have made this offer without reference to the ongoing court case and unconditionally.
It is on that basis that I accept.

There is now the outstanding issue of the cost of the claim which I have brought against you which so far stand at £XXX, plus interest at XXX per day which if you pay me now I calculate as £XXX.

If you want me to discontinue the claim then please confirm that you will be paying these costs as well.

However if I do not hear from you then I shall be proceeding according to the normal court process for the balance outstanding.

If on the basis of this letter you now renege on your promise to pay me my reimbursement and postage costs and which I have accepted, then I will bring this to the attention of the court at trial.

You can be certain that in that event I will not be going to mediation and I shall be going directly to trial.

Love and kisses



 

 

[Nicky Boy]

1 minute ago, BankFodder said:

Love and kisses

Really BF!

[babs71]

 love the ending FB

 

Thanks again for the write-up, I will get this email off to the today, wee edit in the sign-off perhaps

[babs71]

Can I clarify the Reference No, you have is the reply, is this their incident number/tracking number or the court claim number

[BankFodder]

Give both