Evri parcel - damaged/not returned - court claim issued

[BankFodder]

Edit in red

[BankFodder]

Also, I see in your chat you refer to their complaints policy.

This hadn't occurred to me at all. What does their complaints policy say? (This is separate to your particular the claim – which is fine if you include my suggestion regarding evidence)

[Elvis Romerez]

Thanks for that. I'll make the changes now.  Complaints procedure wasn't very helpful - it can be found here:

Complaints Procedure | Evri

WWW.EVRI.COM

---

Access this page for information on how to submit a complaint to Evri

 

[BankFodder]

Thank you but you're the one who is referred to some element of non-compliance with the complaints policy – so please can you tell us what that is.

 

[Elvis Romerez]

looking at step 2 and 3 below they should have got back in touch with me regarding the official complaint. 

I was trying to inform them that i expected them to follow the procedure as i was now logging it as an official complaint. 

They never looked into my complaint and never got back in touch with the outcome of my official complaint. 

They just kept repeating themselves about the outcome of the claim i had made for losing the item.   

Does this make sense?

Step 2 - Our customer service team in your local depot will look into your complaint and update you on the outcome.

Step 3 - We will contact you by email or phone, whatever is your preference, with an outcome of the investigation and let you know what happens next.

[BankFodder]

Okay that you are referring to a timescale in your chat but now you are not referring to it at all and in fact I don't see any timescale in the document that you have linked to.

[Elvis Romerez]

I agree, there isn't a timescale mentioned on the complaints procedure, however I imagine there must be a legal timescale form them to keep to.  Also on the chat page where you are directed to make the complaint there is a line that says, "get a response within 24 hours".  

[BankFodder]

There is no legal timescale to keep to. There is no law about it – only good business practice.

In particulars of claim and witness statements, you should not refer to timescales or anything else that you aren't sure. To do so is to hand a victory unnecessarily to the defendant.
You need to be scrupulous.

[Elvis Romerez]

Great, excellent piece of advice.  I'll also ensure i make no reference to timescales in any statements i make through the particulars of claim or witness statements.

If it's ok I'll continue to post anything that I'm going to put through the claim here as advised before posting.

Really appreciate the advice, very helpful.

[BankFodder]

Yes, we want to see everything.

And I hope you won't mind me saying that it shouldn't take advice from me for you to agree that the documents you prepare should be accurate.

[Elvis Romerez]

Hi All,

I am completing my MoneyClaim online and it asks for a timeline of events.  Below is my proposed timeline of events, which I have checked for accuracy against emails received and sent. 

For ease of reference I have also included the "Briefly Explain Your Claim" (Which Bankfodder has already kindly checked).   Taking on board the advice around accuracy, the italics are actual quotes from EVRI via and email or phone call.  

Is this ok to upload onto the site?  Is the time line too detailed?

Quote

 

1. Briefly explain your claim:

I used the EVRI service to send a parcel containing a Hollywood Mirror, value £74.99 to a UK Address.

EVRI have informed me that the parcel was damaged and therefore EVRI decided to destroy it without any reference to me and without permission.  Their summary was my parcel was damaged and destroyed. I asked the defendant for evidence of the damage and of the destruction of my property and they have failed to provide any photographic or other evidence.

They have breached my rights as the owner of the mirror to make my own decisions about what should happen it if indeed it had been broken – of which there is no evidence.

EVRI have failed to reimburse me for the cost of the mirror and have failed to take me up on any further opportunities to discuss further.
They have failed to give any explanation as to why they did not offer me an opportunity to have the mirror returned to me

2. Timeline of Events

·         16.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through chat bot on the EVRI website.

·         18.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through chat bot on the EVRI website.

·         20.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through EVRI phone messaging service.

·         20.11.2023 -  Response from Evri via email.  “Evri have been unable to locate the parcel”.

·         20.11.2023 – Response from Evri via Phone call.  “Parcel has been damaged and destroyed”.  Evri asked for me to submit lost claim form.

·         20.11.2023 – I submitted a lost claim form as instructed.

·         21.11.2023 – Response from Evri via email.  “Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for”.

·         22.11.2023 – left a message for a call back – Notify them I do not accept their response.

·         23.11.2023 – left a message via chat bot – Notify them I do not accept their response.  I asked, “If the package is damaged, I’d like some photos to show the damage.  I’d also like the item returned to me”.

·         23.11.2023 – Response from EVRI, “Of course, we never want to damage or lose our customer's parcels, but from time to time, like with anything, things can go wrong and parcels can be damaged or lost within our network”.  No photos of damage to the package was included in their response.

·         12.12.2023 – Response from EVRI - "As this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £XX back to your original payment method". No photos of damage to the package was included in their response.

·         18.12.2023 – Complaint Letter sent to EVRI.  Officially Informing EVRI of my complaint and a further request for photos of the damage.

·         11.01.2024 - Letter of Claim Sent to EVRI.

 

 

Once again, thanks for your support.

Elvis

 

.

 

 

[BankFodder]

I have suggested a couple of additions in red. You don't have to use them if you don't want to.

Your timeline is fine

[Elvis Romerez]

Great, thanks for the quick feedback

[Elvis Romerez]

Hi All,

Final part of the submission has asked for me to list any evidence.  As it's optional do i need to fill this in or leave it blank and get it ready for the court case?

List any evidence (optional)

Tell us about any evidence you wish to provide. You do not need to send us any evidence now. If your case goes to a court hearing, and is not settled, you will need to provide evidence.

List your evidence

Thanks

Elvis.

[jk2054]

blank

[Elvis Romerez]

Hi All,

The 14 day period is up today for EVRI from when I sent the Letter of Claim.  I have checked all the information i will be submitting with you kind folk who have been great in helping out.  

1. Briefly explain your claim - information checked & entered

2. Timeline of Events - information checked & entered

3. List any evidence (optional) - advised to leave blank

I presume now I submit the claim and pay the £35, and await further communication regarding the claim.

Thanks 

Elvis

[BankFodder]

Yes, exactly that. No need to wait or ask us.

[Elvis Romerez]

Hi All,

Submitted the MoneyClaim as directed.  Evri have now finally responded to say they reject the my claim.  

"EVRI has rejected your claim.  They’ve suggested you both use the free mediation service. You need to respond to their suggestion before 4pm on 1 April 2024."

One thing they noted was that I should have listed them as EVRi, not Evri, amongst a number of other points they have made.  Would it help if I put their full response on here?

As always, thank you very much for the support.

Edited March 1 by Elvis Romerez

[jk2054]

yes full response please

[Elvis Romerez]

Full response attached and also shown below 

 

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 EVRi Parcelnet Limited t/a Evri.

2. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background

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 under the ‘myHermes’ brand.

4. On or around 10 November 2023, the Claimant entered into an agreement, with agreement number C00HHA0426391034, with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the ‘Contract’).

5. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract.

6. The Claimant described the goods to be couriered on the order form as a ‘Mirror’ (the ‘Parcel’).

7. The Claimant stated that the Parcel was valued at £80.00.

8. Pursuant to the terms of the Contract, on or around 10 November 2023 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient.

 9. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £6.96 (including VAT).

10. The tracking information indicates that the Parcel was damaged whilst in the Defendant’s delivery network and could not be delivered. The Claim Value

11. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £80.00.

12. The Claimant seeks to recover a total of £159.99 including Court fees of £35.00.

13. The Claimant is put to strict proof as to the value of the claim. The Defence

14. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.

15. This Defence is a response to the Particulars of Claim which are set out in the’Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim

16. The first paragraph of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. The Defendant requests that the Claimant provides evidence of the value of the Parcel.

17. The second and third paragraphs of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof. it is admitted the Parcel tracking information indicates the Parcel was damaged on 18 November 2023 and subsequently destroyed. The Defendant requests that the Claimant provides evidence of all correspondence and conversations between the Claimant and the Defendant in relation to the Parcel.

18. The fourth paragraph of the Particulars of Claim is admitted. The Defendant contacted the Claimant on 21 November 2023 informing them that they would be unable to proceed with their claim since the items contained in the Parcel fall under the Defendant’s non-compensation list. This list can be found at https://www.evri.com/send/what-i-can-and-cannot-send. This list is made expressly clear on the Defendant’s website when the Claimant describes the contents of their Parcel when entering into an agreement with the Defendant for use of its delivery services.

19. The fifth paragraph of the Particulars of Claim is neither admitted nor denied and the Claimant is put to strict proof. As mentioned above in paragraph 17 of this Defence, the Defendant requests that the Claimant disclose evidence of any correspondence of conversations between the Claimant and the Defendant in relation to the Parcel so that the Defendant can investigate the Claimant’s concerns further. Limit of Liability 20. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence. The relevant provisions state:-

20.1. Clause 4.2 ‘any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (‘Compensation’).’

20.2. Clause 4.3 ‘Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.’

 20.3. Clause 5.2 ‘Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: i. £20 ii. the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.’ ‘Charges’ are defined as ‘the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.’

20.4. Cause 5.3 ‘Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges.’

20.5. Clause 5.4 ‘Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of: i. the amount of Full Cover you purchased; or ii. the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.’

20.6. Clause 5.5 ‘Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product. To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.’ ‘Postable Product’ is defined as ‘a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.’’

20.7. Clause 5.6 ‘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.’ ‘Full Cover’ is defined as ‘optional enhanced compensation that you may, for a fee, take out when you submit an order.’

 21. 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. Claim for Compensation

22. The Claimant claims £159.99 including court fees of £35.00.

 23. The Defendant has already processed a payment and paid the Claimant £6.96 in full and final settlement of this matter on 21 November 2023 which is the full amount the Claimant is entitled to under the terms of the Contract.

24. As explained above, it is denied that the Defendant owes the Claimant £159.99, or in any sum at all.

 

A reminder of events if needed:

Contact with EVRI (Include dates) -

 

·         10.11.2023 - I used the EVRI service to send a parcel containing a Hollywood Mirror, value £74.99 to a UK Address.

·         16.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through chat bot on the EVRI website.

·         18.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through chat bot on the EVRI website.

·         20.11.2023 - Parcel hadn’t been delivered.  This Issue was raised through EVRI phone messaging service.

·         20.11.2023 -  Response from Evri via email.  “Evri have been unable to locate the parcel”.

·         20.11.2023 – Response from Evri via Phone call.  “Parcel has been damaged and destroyed”.  Evri asked for me to submit lost claim form.

·         20.11.2023 – I submitted a lost claim form as instructed.

·         21.11.2023 – Response from Evri.  “Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for”.

·         Phoned on 22.11.2023 – left a message for a call back – Notify them I do not accept their response.

·         Sent message on 23.11.2023 – left a message via chat bot – Notify them I do not accept their response.  I asked, “If the package is damaged, I’d like some photos to show the damage.  I’d also like the item returned to me”.

·         23.11.2023 – Further response from EVRI, “Of course, we never want to damage or lose our customer's parcels, but from time to time, like with anything, things can go wrong and parcels can be damaged or lost within our network”.  No photos of damage to the package was included in their response

·         12.12.2023 – Further response from EVRI - As this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £XX back to your original payment method.

·         18.12.2023 – Complaint Letter sent to EVRI.  Officially Informing EVRI of my complaint and a further request for photos of the damage. 

·         11.01.2024 - Letter of Claim Sent to EVRI.

[jk2054]

mediation Yes

without hearing - no so complex

court - your local - as its your local

1 cour

1 def (om cont where appl)

1 self

[dx100uk]

please stop using txt speak.

dx

 

[jk2054]

mnd!!!!!! 

jokes on you dx

[honeybee13]

If you want the widest possible audience to understand what you're saying, including site team, txtspk isn't helpful, I'm afraid.

HB

[Elvis Romerez]

Hi JK,

Thanks for the response....  Not much experience with this so could I just check a I've understood everything...

Yes to take up the mediation

1. Decision without a Hearing - No the case is too complex

2. Choose my local court

3. Continue without an expert

4. Do I want to give evidence - I put "YES"

5. Do I want other people to give evidence - I put "NO".  As in i don't have any other witnesses etc

6. Fill in dates I can't make - filled in dates