Evri losing parcels and ignoring response to claims forms

[jk2054]

Item - Shoe

Value - sold for £149.99 but declared as £100 

Insured - Up to £100 only.

Under insured by accident, got mixed up between two orders when booking, so will be claiming for £100 only as that's the declared value.

Please see attached POC draft. LOC was sent and ignored 14 days ago today

Followed new pattern as suggested.

POC C-21531.pdf

[BankFodder]

I've made a couple of edits in red

but I think that you. Using "furthermore" t every new turn.

You have to be a fully qualified barrister with at least six years experience to use "furthermore" so often in any legal document – if at all.

Quote

The claimant sent a Nike sneaker that was sold for £149.99 via the defendant’s courier service
to a UK address under tracking number xxx.
The claimant declared and insured the parcel to the value of £100 as this was the claimant’s
source cost.
Furthermore, the defendant excludes their liability to reimburse their customers for lost or
damaged parcels and this is contrary to section 57 of the Consumer Rights Act 2015.
The defendant sells an insurance secondary contract on payment of a premium to extend their
liability in the event that they lose or damage their customers property or in the event that their
customers property is stolen.
This insurance policy is a secondary contract and prohibited under section 72 of the consumer
rights act 2015
Furthermore the claimant is not aware that the defendant's insurance policy is regulated
authorised by the FCA.
The claimant was unaware at the time that the defendant secondary contract contravened
section 72 of the consumer rights act and opted to purchase it in order to extend the defendant's
liability in the event that his property was lost, damaged or stolen.
The defendant lost the claimant's property and refuses to reimburse the claimant
The defendants are fully aware of all the circumstances
The claimant therefore seeks the declared and insured value of £100 in relation to the lost goods + £7.43 in relation to shipping
costs + interest pursuant to section 69 of the county courts act 1984

just so you know, we had somebody else on this forum recently who declared an undervalue for their item but despite this and against our advice they went ahead to claim the full amount – and at mediation EVRi agreed to pay the full amount of the claim and didn't try to defend themselves on the undervalue!

Just so you know, we don't always get it right here.

[jk2054]

so you think claiming for full value is best and seeing what happens?

[BankFodder]

That's a judgement that you will have to make.

I suppose if you want to go to mediation then claiming for the larger amount gives you something to hand back to them if they feel that they need to save some Face.

It really doesn't say much for EVRi's so-called legal department that they don't pick up on this kind of thing.
Maybe EVRi should come here for help

[jk2054]

Thanks, will claim for full then.

 

[BankFodder]

You will have to modify your particulars of claim.

Please post it here before you click it off

[jk2054]

Updated here.

 

14 days expires tomorrow so will be clicking off then.

Edits in red implemented and value changed - I see the costs would be the same for either value so I'm going for it.

 

Please let me know any amendments, if not I'll click it off tomorrow morning.

EVRI Underdec C-154313.pdf

[BankFodder]

Delete this:

Quote

The claimant declared and insured the parcel to the value of £100 as this was the claimant’s
source cost.

No sense in drawing the defendant's attention to an error which you made.

Other than that it's okay

[jk2054]

EVRI Underdec C-154313 (1).pdf

Good to click of tomorrow?

[BankFodder]

I think I would put this is the second paragraph. Move it up

Quote

The defendant lost the claimant's property and refuses to reimburse the claimant.

 

[jk2054]

Thanks will move and click off tmr morning

[jk2054]

also BF any DQ's done since the new format?

 

[BankFodder]

I'm afraid I am completely out of sync with the new format.

I am really simply responding to what people tell me on this forum

 

[jk2054]

https://assets.publishing.service.gov.uk/media/65200dcf244f8e000d8e7183/N180_1023.pdf

 

Section F1 please

[jk2054]

All done

 

Received on: 17 October 2023 at 11:00AM

Issued on: 17 October 2023

[jk2054]

aos filed today