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

[babs71]

Do you want to give evidence?

Do you want to give evidence?

This could be providing written evidence or speaking at a hearing at the court.

Do you want to give evidence?

Yes

No

 

lol yes I am guessing to this

Check your answers

Your response

Do you agree the defendant has paid £491.81?

Yes

Changedo you agree the defendant has paid £491.81?

Do you want to settle the claim for the £491.81?

No

Changedo you want to settle the claim for the £491.81?

Reason for rejecting their response

I have rejected their response because although they have paid the substantive part of the claim, they have not paid my interest and court costs in other words they have not satisfied the entirety of the claim. This part payment was made unilaterally.

There was no consultation with me and it is not made in full and final settlement of the claim and is certainly not been accepted as such.

The defendants declined to pay me anything and despite my attempts to reason with them my compliance with the pre-action protocol by sending a letter of claim, they still refused. It is only that I was eventually obliged to issue a claim that they finally responded with a payment which does not cover the total amount claimed including interest and costs.

I have informed the defendant that their payment is not satisfactory and that I require costs. So far I have received no response. Therefore I'm applying for judgement. If I cannot apply the judgement then I wish to modify the amount that I'm claiming to reflect the unilateral partial payment that they have made to me. The defendant has paid the substantive part of the claim. But they did this only after a formal letter of complaint and a reaction protocol letter of claim and eventually I was forced to issue the claim. It is only after then that they made a unilateral payment accompanied by a message which effectively accepts liability. However they have withhold the court costs and interest even though it is clear that they would not have reimburse me at all had I not started the claim

. The defendant is litigating in an abusive fashion and is not litigating reasonably and hopes that by making a unilateral payment that they will avoid paying costs and avoid a judgement against them. I have agreed to enter into a mediation process so I am doing my best to bring this matter to an end without wasting court time. I think that this matter can be dealt with simply on the papers as the issues are clear and the defendants unilateral payment after the issue of proceedings is also clear.

Changereason for rejecting their response

Free telephone mediation

Will you try free mediation?

Yes

Changewill you try free mediation?

Contact number

***

Changecontact number

Your hearing requirements

Do you consider that this claim is suitable for determination without a hearing?

Yes

Changedo you consider that this claim is suitable for determination without a hearing?

Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in anyway which the Court needs to consider?

No

Changedo you believe you, or a witness who will give evidence on your behalf, are vulnerable in anyway which the court needs to consider?

Support required for a hearing

None

Changesupport required for a hearing

Preferred hearing centre

Carlisle Combined Court

Changepreferred hearing centre

Do you want to give evidence?

Yes

Changedo you want to give evidence?

Other witnesses

No

Changeother witnesses

Dates unavailable

None

Changedates unavailable

Confirmation

The hearing requirement details on this page are true to the best of my knowledge.

The hearing requirement details on this page are true to the best of my knowledge.

 

[BankFodder]

Yes that looks fine. Your evidence really should comprise simply a witness statement. I am pretty certain it won't get there. This should be settled at mediation.
As the person who is dealing with this from EVRi called George Wood?

[babs71]

Okay thanks BankFodder I am going to go ahead and submit this is you are happy with it?

Yes it is a     who has put his name to the response to the courts, is there something relevant to this?

Evri response to the same questions from the court

About the hearing

Do you consider that this claim is suitable for determination without a hearing - No 

If not, please state why not  - This case involves a contractual dispute.

[BankFodder]

No it's just interesting to see the names of the people that are prepared to act as EVRi mouthpieces.
He used to have a LinkedIn profile – but seems to have deleted that since his name first came to prominence on this forum.
He's obviously not particularly proud of what he does.

Send him a message saying that you are continuing with the claim that you will withdraw it if he pays the rest of the bill. Otherwise even though you're going to mediation you will stand your ground and you won't accept a penny less than your entitlement. And if he wants to play stupid and waste of public resources, you will go to trial.
 

Quote

Dear

Reference number XXX

I received your unilateral and unconditional payment of £491 XXX.

As you know, this is not completely satisfied my claim because there is the issue of interest and costs still outstanding.

I have just filed a form with the court informing them that the claim continues. Although I have consented to mediation you should understand that I'm more than happy to go to trial.

If you really want to squander public resources and your own company's money on saving these small amounts of money when it's clear that you are bang to rights and you have already put your hands up on the substantive claim – then go ahead.

The best thing you can do is simply pay the rest and then you can get on and bully someone else – but not me.

You've got my bank details.

Over to you

Regards

Signed

this may not be to your taste – but if I were you I would send it as is.

 

On 16/10/2023 at 19:46, babs71 said:

Evri response to the same questions from the court

About the hearing

Do you consider that this claim is suitable for determination without a hearing - No 

If not, please state why not  - This case involves a contractual dispute.

This is the kind of banal response you get from the people who work for EVRi. Once again, it shows that you are trying to save public money and it shows that EVRi doesn't give a damn

[babs71]

Thanks BankFodder,

 

Happy with your wording, tiered of playing nice, will copy and past it into an email to him and let you know if I receive a response or payment from them

[babs71]

lol a wee little squirt 

[jk2054]

fr but looking at their questionair response they're doing their usual we're not available. Then either between now and mediation or mediation and trial they email and do their "to save costs" email where they agree a settlement with you

[BankFodder]

When I clicked a link which had been posted up on one of the threads here it seemed that the account had been deleted.

However it seems that it is now available.

So it seems he got first class honours in his law degree but then decided to go and work for EVRi – very strange

[babs71]

BankFodder, 

 

before I hit the send button to this little squirt    , just checking he cant take this and try and hold it against me with the courts 

[BankFodder]

Take what?

[babs71]

the copy of the email you have transcriber to   

[BankFodder]

No I don't think so. If you don't feel comfortable then don't send it but I think it simply states the truth in rather blunt terms.

[babs71]

Many Thanks BankFodder,

I want to send this, you speak my kind of language lol. That's it sent once again I will let you  know if we get any communication of payment from it.

Today, 19:46

 

Your message has been delivered to the following recipients:

 

Subject: Claim number: 446MC899

 

mediation call email received today set for the 1 November 2023.

Problem I cannot answer yes to all 3 questions, no.1 is no I am not willing to consider a compromise or negotiate on the amount still due to me, suggestions please

Important mediation requirements

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I’m available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

[jk2054]

I would Say yes anyway.

Lots of EVRi threads say yes and EVRi pay full at mediation

if the call doesnt go well you can go to trial anyway

[babs71]

many thanks for the fast reply jk2054.

 

I will keep you all posted on the mediation call between 15:00 - 17:00 on Wednesday, 1 November.

 

 

[jk2054]

just dont feel pressured by mediator.

If you turn up and evri play bs and you say no it

looks bad on them NOT you however for a claim like yours they will settle eventually because they already admitted liability!  

[amberastor]

Hi @babs71 I had the same problem but decided to agree because in my head I will only be negotiating a few pence here and there. Nothing that will be grossly unfair to me

[jk2054]

@amberastorhave you had your mediation call? if not when is it?

[amberastor]

Hi @jk2054 haven’t had mediation yet. Call is on 31/10/23 between 12pm and 3pm. Fingers crossed I get all monies owed back with no bs from Evri. 

[BankFodder]

By saying "fingers crossed" you are suggesting that it is going to be a matter of good luck if you get your money back.
Money is yours by right. This is not a matter of good luck. It's a matter of you being sufficiently strong willed and sufficiently confident to face them out and confident that if they are stupid and they force you to trial then you will be up for it because you will win and of course there will be a judgement.
If that's were it goes then we will be asking you to get hold of a copy of the judgement and of course we will pay for it.

You shouldn't compromise on what is rightfully yours

[amberastor]

Hi @BankFodder I agree and believe me I know I’m asking for what rightfully belongs to me.

Im not going to back down one bit.

I’ll be getting back to you shortly with some points I wish to raise with mediator regarding my case.

I’ll post to my thread

Cheers

[Nicky Boy]

Babs, your compromise is that you will not pursue court action if they pay up.

This has been used before and the mediator has tried to say that isn't a true compromise... That's why you need to be ready to stick to your guns!

[jk2054]

if they pay at mediation you wont claim the trial fee

[babs71]

do I incur trial fee is it goes to court

[jk2054]

yes but only for trial.

No fee until that (so no extra fee for mediation)