Evri lost £169 leather jacket online mcol claim issued*** Settled at Mediation***

[seoso123]

Hey, how do I start a new thread. Sadly I have gone to far in the process of small claims before discovering this site... I'm going into mediation with EVRI who lost my jacket and I think I'll lose, because I missed certain key points 

 

Very depressed right now 

[seoso123]

I feel so dejected. 

I hadn't fully discovered the usefulness of this website to help me with my full claim, and Evri has provided the following response.  Jacket was £169

I can prove that this was the item I posted back.

They are right that I doubled the payment to court which was supposed to be £35.

They are wrong about sending me £23 compensation.

This was never received, as I kept disputing the compensation 

They have given the following reasons to reject my claim: 

Why they dispute the claim

2.1. 1. The Claimant has incorrectly named the Defendant in these proceedings as Evri. Evri is not a legal entity and is instead a trading name of

EVRi Parcelnet Limited. The Defendant should be amended accordingly to Hermes Parcelnet Limited t/a Evri.

2.2. 2. If any part of the Particulars of Claim are not expressly admitted or

denied below, such parts are denied by the Defendant entirely.

2.3. Background

2.4. 3. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer.

The Defendant operates "myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated u

Wanted to add that they have offered to go to mediation, and I accepted but not set a date yet 

[jk2054]

Hi,

 

Please post your PDF claim form and EVRi’s defence and DQ.

[seoso123]

Hi

I feel a bit shameful to post on the internet, as I didn't do the claim form in the same format I've seen others do this... Can I post somewhere private?

[dx100uk]

nope we dont do private advice

one PDF for each

read upload carefully.

 

[seoso123]

defence filied

 

claimants defence.pdf

[jk2054]

Seems very normal response to me , nothing to be worried about. Just a few things

 

-why £169.00 when you declared at £150.00?

 

 

[seoso123]

 

When I was posting the jacket back, I wasn't thinking too much on the process and put the estimated figure I had in my head for the value of the item.

I wish I could go back in time and put an exact amount (lesson learned).

I have proof of the receipt from the jacket to show how much the jacket truly was worth.

I do see I definitely claimed the court fee twice, so I need to fix this, and fix the evri name, cause I didn't make them as parcelnet (so ridiculous..)

Claimform.pdf

[jk2054]

Ok 

 

Your claim form is different, but it won’t make too much difference at this stage.

Go to mediation, see what they offer.

They normally offer something in cases like this where they admit their loss

[seoso123]

In mediation, obviously I should reduce the requested amount by £35, but would I be able to claim the rest of the money because of this disparity between £150 and £169 for the actually value of the jacket.

I have the receipt, and even email correspondence with the actual brand to show full intention to return the item with EVRI 

[jk2054]

you can see how it goes. they might they might not

[seoso123]

Worst case scenario we can't come to agreement during mediation, how do I adjust the form to correct the defendants name?

[jk2054]

you just ask the court but we ‘ll get to that later

[seoso123]

Thank you, so much for the quick responses. I'll try and head to bed and respond back to the mediation email. I feel in safe hands now

Very quickly, is there a skeleton structure for stating my points during mediation?

I've seen the mediation guidance doc 

[dx100uk]

you do not compromise at all , simply stick too you want the full cost of the item+postage+court fee.

they will barter through the mediator but simply stick to your guns.

the fact of wrong defendant etc is immaterial at mediation...don't get done over.

dx

 

[dx100uk]

35 minutes ago, jk2054 said:

Ok 

Your claim form is different, but it won’t make too much difference at this stage.

Go to mediation, see what they offer.

They normally offer something in cases like this where they admit their loss

its the newish totally online MCOL system.

 

[BankFodder]

I hope you are feeling a little less depressed and dejected this morning. He managed to get this started on your own and many people don't get that far. It's pretty clear from your claim form the although it's a bit strange, that you've done some reading here before you sent it off.
It might have been helpful if you'd posted up first but anyway it's okay and it's good enough to have warranted a full defence from EVRi.

You've redacted the first one or two paragraphs are your claim form. I'm not sure why and it will be helpful if you could post the whole thing with minimal reduction – simply to remove your identifiers. You don't need to redact anything else.

Don't worry about it – as long as we are honest and straight dealing, you can be comfortable about posting anything you want.
You can be certain that EVRi is watching this thread already and they know exactly who you are and what you are doing and the claim that is coming.

Once again, we don't engage in secret squirrel stuff. We are upfront and squeakyclean. EVRi knows this and this is something they have to deal with
please can you post the claim form again – minimal redactions. That will be helpful to us.

You are mediation coming up. One of the things you must do is to start feeling confident and don't start acting depressed or dejected. You have the whip hand. You can control this. EVRi are in the wrong. They know they are in the wrong and they are simply trying to raise obstacles to discourage other people.

You will probably find that the person on the other end of the mediation is George Wood who is simply doing his masters bidding. Don't give any ground. Eventually you might give up some interest that you will get the money.
If the mediation fails then simply walk away and we will help you in court and you will definitely win.

Of course you're going to give ground on the double claim fee That was a mistake and you should refer to it immediately at the beginning of the mediation so that you can demonstrate that you are not trying to money grab. You are simply trying to get what you paid for which was the successful delivery of an item by EVRi.
You paid 100% – you get 100% return. It's easy. Even George Wood would understand.

[seoso123]

Thank you so much, the first line just contained my home address, hence why I redacted that section in the second page. The claim form starts from point 3.15, I've posted everything honestly, it's my first time dealing with matters like this (and I hope to never do this again in the future) and I've stumbled - so I suppose I just felt really overwhelmed and treated unjustly about the situation after seeing their defence statement. 

I had saved up so much money to buy this jacket for autumn, and was so excited to own it, it wasn't the right size so I wanted to return it, get my refund and purchase it again in the right size, and it's just led to this whole mess by EVRI. 

I didn't even receive the £23 compensation, I checked my bank account again yesterday and still don't see it, so they are wrong in that matter. 

I'm going to draft up my mediation open statement and post it here, it's booked for the 11th 

Edited December 1, 2023 by seoso123

[BankFodder]

Okay. Thanks for this.

If you redact documents in future, please could you be a bit more delicate about it so that we have a more careful idea about what is missing and we don't get the impression that may be something important is covered up.

You will get your money back – but it's important that you realise now that you are in control. Read the stories. Read the advice that we give in the pinned treads at the top of the sub- forum.
Ask us questions.

The mediation process really doesn't involve much law. It really is just about stating your position and that making it clear that you won't back down and you were prepared to go to court.

There is no reason why you should give up a single penny.
I can appreciate that it is heartbreaking. There will be thousands of people this Christmas season who have parcels disappearing either through carelessness by EVRi or by theft committed by their own staff and people will be heartbroken.
Despite that, EVRi will continue to try and defy people's legitimate claims.

They run an insurance system which is unenforceable under section 57 of the consumer rights act. This is not a real insurance in that there is not a commercial insurance where it is simply just money in their pockets.
My estimate is that EVRi themselves are earning several billions of pounds per year of unearned and undeserved money and the parcel delivery industry as a whole is probably earning £10 billion per year in exactly the same way.

This is why they are so greedy about it and this is why they are so enthusiastic about not giving up a single inch.

And of course it is the consumer who pays the bill. And this is billions of pounds every year which is removed from the UK economy.

[seoso123]

In that case, it's crazy to me that part of their defence includes the following:

2.52. ‘The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.’

2.53. ‘Full Cover’ is defined as ‘optional enhanced compensation that you may,for a fee, take out when you submit an order.’

2.54. 26. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That  compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage.

2.55. 27. The Claimant did not opt to increase the level of compensation for The Parcel and therefore pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £23.44.

-> If they know they can't do this, why include it in their defence. 

THe second part I'm worried about is this section:

2.24. 20. The twenty first paragraph of the Particulars of Claim is noted. It is denied that the Claimant is entitled to £169.00 in respect of the Parcel. It is the Defendant’s primary position that the Claimant is entitled to £23.44 in respect of the Parcel under the terms of the Contract. Without prejudice to the Defendant’s primary position, the Claimant valued the Parcel at £150.00 when ordering the Defendant’s delivery services. The Defendant requests evidence from the Claimant as to the reasoning for the difference in valuations from the Claimant.

-> like I said, I have proof of receipt of the actual price of the jacket, I had email correspondence with the brand asking if they have received my jacket and included the EVRI tracking number. The parcel is also clearly labelled to return back to the store. 

I've also shared all of this, and even provided the receipt in my claim lost parcel to EVRI

It's a shame I put the estimated value of the item when posting back, rather than the exact. I was in a rush and just put a rough figure I had from memory (again, lesson learned)

[BankFodder]

The fact that you are asking why on earth they do this in the face of a statutory prohibition suggest to me that you haven't read enough of the stories here.

They do it in order to raise obstacles. They know that they are wrong. They are fully aware of section 57 of the consumer rights act. They are fully aware of section 72 of the consumer rights act but 99 times out of 100 they get away with it and as I've already suggested, they are making billions of pounds every year with an insurance scam.

And of course it very likely is "insurance" and as such we are not aware that it has gone through FCA procedures and that it has been regulated and either authorised or that the FCA have granted an exception.

What they are doing is completely unlawful but unfortunately there are no authorities prepared to move themselves to do anything about it and of course it has simply become accepted as part of the normal consumer culture.

Have you seen our pizza delivery video?

[Nicky Boy]

 

[seoso123]

Hahaha! That video really did put things into a funny perspective for me, brave of them to state their defence to a court too. Thank you for the laugh, really helped to lighten the weight I had been feeling from this situation

Any advice on the price of the jacket argument before I go to mediation?

Like I said, I have full proof of the receipt and email entries 

[BankFodder]

Just go for the full value of the jacket. I haven't really followed the thread very well – was that the declared value. Maybe you can just give a very brief summary of how the puzzle over the value has happened.

In terms of the video presentation, I'm pleased you enjoyed it – but I'm going to say now – the fact that we had to draw your attention to it means that you really haven't done much reading.

You are coming across as extremely under confident. If you take a day or 2 to do some solid reading of the stories on the sub- forum then it will help you a great deal in your confidence and also in your approach to your forthcoming mediation.

It's not a waste of time. This forum is about self empowerment. We try to direct you and we provide you with materials but we expect you to do your share of the work

[seoso123]

yes it was the declared value, I put the estimated jacket of the value cause I was rushing. The actual value of the jacket is £169 and I have proof of this

I won't raise any further questions on this thread until I've fully read every thread, I can how any people have had success in their case, and it's definitely lifted my spirits up