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

[dx100uk]

no need to keep hitting quote post

just type!

 

[seoso123]

Hi, 

Regarding the first case of their defence I can see that I could either: 

A. Send in an N244 application to list them as an ltd

B. Restart the process again

As I've said I'm willing to go to court, is there anypoint whereby I am unable to action the above two points?

Thank you 

[jk2054]

not relevant at all! you can just amend your form dont worry

[seoso123]

Oh really!? I've been scrolling through the web for so long, kicking myself that I didn't name them as their ltd name in the first instance. How do I edit the form then? What is the actual process? 

[dx100uk]

I think the reasonable thing to do is to explain to the court that the real problem here is a technicality and that you should be permitted to amend the claim to reflect the correct identity of the defendant.

You've already pointed out quite correctly that they have provided a detailed defence so they are fully aware of the claim.

[seoso123]

Thank you so much for the response. Been studying up on all threads related, as adviced. 

I'm just a tiny bit stuck on when would be the most appropriate time to amend the document, and how this could be done realistically.

Like you said, it's a small technicality and they are fully aware of the claim.

I just want to rid them of any excuse before my mediation (scheduled 11/12/23)

[dx100uk]

it wont hurt mediation, they will not be the least bit interested in a legal argument, not their bag.

[seoso123]

Okay I see, thank you 

Spotted something interesting, I noticed that Judy didnt sign the defence document, it's now signed as: 

"Company:

Name: Evri Legal Department

Role: Legal Department

28 November 2023"

[jk2054]

Hi,

Sorry I've been away from your thread for a short while.

Don't worry about the name chang here - it won't make a single diference to mediation so we won't need to worry about this until after mediation at the earliest (should mediation fail).

The signing of documnets also doesn't really matter. Just wait for your mediation. stick to the your claim, don't budge other than interest and maybe the £19 difference in values (as it's likely a judge won't allow the full value). Don't budge away from court fees and the main £150 of your claim in any event.

Any other questions feel free to ask 

[seoso123]

Thank you 

[jk2054]

np

[seoso123]

Hey i have made a first draft for my mediation today. Can i get some thoughts on this?

Opening statement:

On 15/08/23 I return an item through EVRI parcel shop. The parcel contained a leather Jacket worth £169.00. The parcel never arrived at the destination, and the defendant accepts that the Parcel is lost, and have admitted this.

I am claiming for £169 + interest as per section 57 consumer rights act 2015 + court fees, which amounts to only £35. I admit that by accident, I had originally claimed the court fees twice, and therefore reduced my claim by £35. The defendant states that they paid for post and compensation of £20. I have checked my bank account and have not yet to received this fund. I have proof of my bank statements.

Dispute: if EVRI say I did not purchase insurance

The courier industry runs a “parcel cover”, which acts like an insurance in that “In the event of loss or damage they will compensate you up to the item value you have given us”. This costs an additional £7.15. This is contrary to section 72 of the consumer rights acts, because it is a secondary contract intended to reinforce the limitation of liability contrary to section 57.

The rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. This is an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015. I am aware of four judgments, at least two of which are against EVRI themselves and which support my view that the insurance is a duplication of rights and is a breach of the consumer rights act, I am happy to go to court and get judgement if that is what they want. 

Repeat: The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

Dispute: if EVRI say I only stated the value of the jacket to be £150, not £169

I do not wish to waste the courts time, and our time but I’m not willing to compromise on my rights. The compromise is that we do not drag this out to court.  The compromise is settling this now and I’m willing to reduce down to the value claimed (£150), with the accrued interested adjusted. Outside of this I do not believe a multi-million-pound company should be expecting their customers to accept any partial settlements.

 

Adjusted interest: £150 + 3.99 (delivery) + £35 (court fees) + 8% interest/year. Interest dated from 15/08/23 to 11/12/23 will be £4.93. Total claim will be £188.99 (interest included)

Edited December 11, 2023 by seoso123
Added in interest calculation

[seoso123]

my mediation is set for 2pm today, though i'm doubtful that EVRI will actually show up

[BankFodder]

It sounds good except that you should make it clear that it is insurance.

Don't use some euphemism for what is really and unregulated insurance product.

Also make them aware that the legal head Tom Hugo is completely aware of the situation and has been provided with copies of the judgments.

Any attempt by EVRi to pretend that they have these rights would not be honest because there are fully aware

[AndyOrch]

Click the word donation in your/my post  Many Thanks and well done topic title updated.

 

Andy

 

.

[seoso123]

Just donated! thank you

[dx100uk]

dx

 

[seoso123]

Hi Guys, 

can i get some help editing my post above. I'm sick of this. Can i get some exact details removed from my post regarding settlement of the mediation. 

[BankFodder]

Have you had an approach from EVRi about this?

[seoso123]

yes, claiming towards point 4 of an agreement. because details of the settlement amount of elements of the discussion has been shared online, they state that they will notify the court of failure to comply with mediation agreement, rendering the agreement void

 

Honestly, i don't want any further back and forth with them. I want to move on from this and focus on the Xmas holdays. EVRI seeing as you are stalking this thread. i hope you receive coal for christmas. 

[BankFodder]

The EVRi children – George Libby and Judith are always worried about people knowing how they have been rumbled and how they eventually give in and pay up the money.

By now they would have seen the article in The Times on Saturday. They will now know that even Which magazine have come on board and confirm that the parcel you delivery insurance is unlawful under section 57 and section 72 of the consumer rights act.

Their top boss Tom Hugo is on notice about this and he has been sent copies of the judgements that we have.

EVRi and the other parcel delivery companies are running unregulated insurance which itself is contrary to law. They are using this unregulated insurance to force their own customers to take out insurance against the failings and breaches of contract of the parcel delivery companies.
Any other industry would take its own third party insurance to protect their customers interests. Not the parcel delivery companies. The parcel delivery companies. Own customers to take out third-party insurers to protect themselves – the parcel delivery companies.

It is a wonderful scam and I am amazed that the people who are involved in pushing out these defences and trying out these arguments at mediation and even a trial can look themselves in the mirror each day.

However, as they are probably making billions of pounds each year from parcel delivery insurance – unearned and undeserved. Money taken from ordinary consumers. Money taken from the British economy, I suppose that some people might decide to close their eyes to what is really going on.

Merry Christmas children – everywhere.