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Evri left parcel in full view on street


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I have made substantial amendments in red. Please see if you can work through it all and put it together and then post the new version up for us to have a look at.

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it needed a substancial rewoking ...

Draft 2 

 

The claimant used the defendant's service to send a parcel via Evri who through their failure to exercise reasonable care and skill, left the parcel in a vulnerable position leaving it open to theft and in doing so breached breached the delivery contract.

Initially the defendant refused to reimburse the claimant as no extra insurance was taken out but the defendant's terms and conditions exclude or limit their Liability contrary to section 57 of the Consumer Rights Act 2015 and their insurance requirement to extend liability is also contrary to section 57 as well as being a secondary contract within the meaning of section 72 of the Consumer Rights Act and therefore also unlawful

Additionally the defendants sale of enhanced protection is an unregulated insurance product without authorisation or exemption from the FCA as required by the financial Services and Markets Act 2000 and as such the defendants are committing an offence and their insurance product is unlawful in any event even were it contrary to the Consumer Rights Act 2015

Then the defendant offered to reimburse the claimant a One-Off full amount payment on the condition that the claimant agreed in the event of any future lost parcels the claims for losses would not be paid unless 'Extra Insurance' was taken out.

This onerous and unfair imposition of an unlawful contractual condition upon the claimant would also amount to the use of a secondary contract to exclude or limit liability and therefore also unlawful within the meaning of section 72 Consumer Act 2015

The claimant seeks £99.00 regarding the lost goods + £5.99 for postage costs plus interest pursuant to Section 69 of the County Courts Act 1984.

 

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The Particulars of Claim arrived at P2g yesterday and I received this this morning.

They still offer the £100 and have refunded the postage but I also claimed £14 something for 2 recorded letters to them .

Last time the offer was only if I agreed I couldn't claim in

I would like to draw your attention to the intricacies of the logistical challenges faced by our courier network due to the substantial influx of parcels on a daily basis. The sheer volume of packages undergoing continuous processing and handling occasionally leads to delays or losses during transit. As previously highlighted, it is an aspect of our operational reality that we continuously strive to manage effectively.

As per our previous correspondence, having engaged in discussions with our claims team, I am pleased to inform you that, as a goodwill gesture and without any admission of liability, we are prepared to extend an offer to settle your claim for the full value of £100. This one-off offer is made in recognition of the inconvenience you have experienced and is not indicative of a precedent for future claims.

To facilitate the acceptance of this offer, kindly log into your online account. Once accepted, our meticulous accounts department will promptly initiate the claims process. Anticipate the completion of the claim payment within 7 working days. It is crucial to note that this offer is final, and any attempts to negotiate a higher settlement will regrettably be unsuccessful.

Furthermore, I would like to reiterate that our settlement does not cover any consequential losses incurred as a result of this claim. Additional costs related to the incident are beyond the scope of our compensation.

For future transactions, it is imperative to obtain full parcel protection to safeguard against potential loss or damage. As a third-party booking service, the sustainability of our operations depends on the responsible adherence to our policies, ensuring a fair and viable business model.

As you are undoubtedly aware, the acceptance of our terms and conditions was a prerequisite for booking our services initially. It is through this agreement that we establish a framework for our business relationship, setting forth the parameters that govern claims and compensation.

On a related note, I am pleased to inform you that a refund for the carriage fee has already been duly processed. Transaction reference #1777382 reflects a refund of £4.38, transferred on the 25th of January 2024.

Should you have any lingering queries or require further clarification, please do not hesitate to reach out to our dedicated customer service team. Your satisfaction is of the utmost importance to us, and we are committed to providing any necessary assistance.

Thank you for your understanding and cooperation in this matter.  """"

the future if no protection was taken out , I suppose this is the best I'm going to get

"""".

Good Morning Aary 2024.

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Please what are you monitor this thread for a reply later on.

However, does it offer take into account all of your losses. These postal costs that you have incurred, are they referred to in your claim form?

Does your claim form refer to interest and if so does their offer take into account the interest?

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They have refunded the postage for the item back on the 25th Jan which I didn't notice.

They off the  £100 refund but and I quote

" Furthermore, I would like to reiterate that our settlement does not cover any consequential losses incurred as a result of this claim. Additional costs related to the incident are beyond the scope of our compensation. ""

So the £14 for 2 recorded Claims of letter and the Particulars of Claim letters seem to be not covered.

I've read another posts where people are adding "interest" at 8% but I thought I'd be happy just with the £100 and £14 for the 2 letter so I didn't add "the interest" 

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4 minutes ago, ProperDribbly said:

So the £14 for 2 recorded Claims of letter and the Particulars of Claim letters seem to be not covered

you didnt need to do that thats why you cant reclaim it.

you can use free proof of posting and a 1st class stamps

in law you only need to prove a letter was sent.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, it seems that you might be best off accepting the offer. A shame that you didn't add interest. There was no reason to give your money away like that..

They haven't been generous with you. They have taken it to the wire. They have tried to scam you out of your money. They have held your money until you eventually were forced to incur costs taking court action along with the stress of it.
8% would have been the least you should have expected.

Anyway, well done. You got your money – but make sure that you don't withdraw any claims until the money is with you. Don't trust them. You need to see the money and then you can withdraw the claimant.

 

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I didn't add the interest because it was 4 or 5 weeks after untill I started the claim so I thought that would go against me ...

But anyway ,   Genuinely and Sincerely Thank You , if it wasn't for you all and the site I wouldn't of got the refund so I can't thank you enough.

I'll probably be back.

 Till next time , look after yourselves

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Thank you. Just doesn't matter of information, claiming interest would not go against you at all.

It is your right

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Well done and do please let us know when it's completely finalised, so we can update the thread title.

On 09/02/2024 at 20:54, ProperDribbly said:

I'll probably be back.

We are all volunteers here, but there are costs associated with running the website.

Please consider a donation to make sure we're still here if you need us again and do pass the word on about us.

All the best.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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Sorry, Yes Ive accepted their refund which can take 3-5 days .

I have donated and received a Email from Fodder.

Without this site and the excellent help and advice I wouldn't of got my refund so Thank You .

Edited by ProperDribbly
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:yo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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