Shock !!EVRI has lost my parcel PS5 - court claim issued

[jk2054]

yep typical evri

[AndyOrch]

1 hour ago, Mickgibbons1 said:

Afternoon all,

 

just a quick update. They have requested an extension of 14 days, which you had advised on so i was expecting it.

Simply means that they have opted to defend the claim every defendant gets an extra 14 days once the option to defend has been submitted with their acknowledgment of service.

[Mickgibbons1]

Afternoon all,

Just an update: Evrri had till 1600 hrs today to respond, and at 14:13 hours they rejected the claim and stated we should use the free mediation service. is this expected?Any advice would be appreciated,

491MC851-claim-response.pdf

Here is the claim response.

[BankFodder]

Totally normal. I think we have already said what we say about mediation.

Up to You to accept or decline mediation.

 we suggest that you decline it

[Mickgibbons1]

I will not do mediation, they have had the opportunity.

 

I have now managed to get more evidence, the invoice my wife paid (proving we are the shipper, even though they know)and the i have donwloaded the onvoice for the paypal which shows my credit card on there. I did submit screen shots but will subit the evidence again if allowed

 

[BankFodder]

If you can help spare me the trouble of going through the thread again:
you shipped this PlayStation directly by entering into a direct contract with EVRi – correct?
You didn't use a parcel broker – correct?
In their defence they keep on referring to the "shipper" – not "claimant". The shipper is you – correct?
They offered you insurance for the item. Did you insure or not?

Those questions for starters, please

[Mickgibbons1]

My wife used the app and purchased the contract and insurance, paying on my AMEX. The person we were then getting the item dropped it off at the shop but the contract is with us.  No broker was used. They know this as they sent us the link to make a claim through EVRI, then rejected it.

Yes, we ensured the item. My wife described it as Games, that is what she thinks all of them are.

[BankFodder]

And of course the funny thing is that part of their defence is that the insurance and all the rest of it is "standard industry practice".

It's basically     – whatever her name is, saying that because it is standard practice in the industry, that somehow all statute law is subordinate to it and that industry practice must be obeyed in preference to the law.

Maybe they are saying "well everyone else is doing it so we thought we should do it as well…". This is a really great approach to the development and implementation of company policies.

Bravo The Children. Very powerful jurisprudence – and a great example of Best Practice in Business. An

In addition to being contrary to section 57 and also section 72, one of the tests of an unfair term within the meaning of the Consumer Rights Act and also within the meaning of the Unfair Contract Terms Act 1977 is that there is no choice and one doesn't have an opportunity to go elsewhere and get a service or product which is not accompanied by those unfair conditions. So basically     and the rest of them are now putting their hands up to the fact that the limitation/exclusion terms are unfair as well as being unlawful in any event.
I wonder what legal education they had which taught them that industry practice could be so easily assimilated as a source of law in consumer transactions.

An Of course I suppose that with the current selling off of EVRi, people at the director level of the company may well stand to make quite a lot of money – whilst at the same time The Children will probably make pretty well nothing or maybe only a very small amount.
After a rationalisation, they may not even get to keep their jobs – who knows.
Maybe The Kids don't realise yet that they aren't really part of the Bigger Picture.
 

[Mickgibbons1]

491MC851-claim-direction-order.pdf

 

Time to get my case together and sent in!.  Any additional advice?

[jk2054]

Your submitting documents NOT a bundle is all I would say

[Mickgibbons1]

Agree, it's basically the ones i have submitted online but with the addition of the invoice which i now have.

[jk2054]

Once you have a draft submission upload it here for us to look at.

 

If you search EVRi in the search box you will see a macbook case. It has a very good witness statement format and I would recommend following a similar structure for the text part (obviously your exhibits and situation will be different but that general structure is good)

[Mickgibbons1]

Thank you mate. I have seen that one and will use it

[Mickgibbons1]

Evening all, 

Apologies for not being around;

I contracted COVID and was in a bad way, and ended up in the hospital.

Please find attached the first draft of my court bundle.

Opening bits up to witness statement.

 I will add in all the references and further attachments once the witness statement is correct.

My aim to hand deliver this on Monday to the court and post out to EVRI the same day

 

claim budles copy.pdf

[BankFodder]

When is the deadline for submitting the file

[Mickgibbons1]

It says before 4pm on the 08th of April. They then send me a date for hearing. So i will need to change the date on submission

[BankFodder]

Yes. Monday is a bit short notice

[dx100uk]

please dont put up docs that are unredacted esp as it contains a 3rd party name.

now a PDF and properly redacted.

never use docx as it has all your pers details in file/info/properties too!

dx

 

[Mickgibbons1]

Bank, I totally agree.

I wish I had read it as I had been very unwell.

i thought i needed to be in court on 8th but that not the case.

happy to submit when ready now

DX, thank you.

i am not thinking straight as been very unwell, thank you for your swift intervention 

 

[BankFodder]

So the deadline for filing the documents is on 8 April – you also have a date for the hearing but you haven't told us what that is.

I will start having a look at your documents

[Mickgibbons1]

The deadline for documents is the 8th of April.

 

No date set for the hearing - the paperwork states that the hearing will be at Aldershot Justice on a date that will be sent to you. Estimated time 2 hours

 

I will start adding the attachments to build the whole bundle. Thank you for checking the documents.

[BankFodder]

I started reading the documents. I've begun from the witness statement – which I think should be towards the front of the bundle – if not actually at the front.

I'm rather mystified. You made no reference in your index to the inclusion of the judgements that we have precisely on the insurance issue.
And if that you made no reference to them at all in your witness statement.

You started off by rehearsing the sequence of events and although I haven't looked at your claim form closely, it seems to me that the sequence of events is sufficiently express their and it's not necessary to repeat it all. Furthermore, I'm not aware that the defence raise any objections to the sequence of events as stated so I don't really know why you're bringing it up again.

We have got several witness statements in the various threads on this subject and I think probably in the pinned threads as well but it seems to me that either you haven't seen them – in which case you need to do more reading – or else for some reason or other you've decided not to refer to them.

I'm very sorry but I think you're going to have to start again and I think in view of the deadline coming up on the eighth that you have a fair amount of work to do and I hope that your health and other commitments allows you to do this.

The courts don't have a lot of time. Judges like to get to the meat of the issue as quickly as possible and they don't want unnecessary reading material.
I wish I could say that your witness statement could be simply improved by substantial amendment – but I think it's more serious than that.
I think that you need to begin again from zero.

Have a look at the witness statements which have been used very successfully in the threads to which I have just referred in this post

[Mickgibbons1]

Hi,\

I am more than fit and able now. I used the Mac laptop witness statement as a guide and thought it was worth putting up a draft due to the time constraints. I have a few different versions of them but I thought he was good as he went through the timeline. but i understand what you mean

 

I do need to add in the insurance elements, just never got to that point

[Mickgibbons1]

I did see one witness statement which just highlighted what was not contested and what was. Maybe that's a better format?

[Mickgibbons1]

I will be adding in recently reported cases to the index from the cases you mentioned.