@Evri - lost my parcel - court claim issued - they say no contractual relationship - now at mediation

[Hopalong]

In August I posted back to the sender a parcel of 2 orders of 2 x 2 knee braces.

I am in dispute about parcel started a claim with the small claims courts.

Evri have rejected my court claim and are trying to rely upon there was no contractual relationship between us and Evri.

In the meantime Evri have admitted that they have admitted they have lost the parcel.

What I would like to know is the information I will need to have to hand to contest this 

I have started to compile a PDF File with information so would like to what else the courts will need.

[dx100uk]

thread title updated.

[BankFodder]

Please will you post up the claim form that you filed in PDF format.

Please will you post up their defence in PDF format.

Give us more details about the item you sent, who organised the delivery – was it Packlink?
Did you get the insurance?
Was the item properly declared?
Was the value correctly declared?


What is the mediation date?

In addition to answering these questions, start doing lots of reading. In the pinned posts at the top of the sub- forum we have some specific information on the rights of third parties contracts which will be very relevant to you.

Have you come over from Facebook?

[Hopalong]

Sorry for the delay replying, I'm not too experienced with forums like this and needed to get a bit of help from my son.

Evri are claiming that they are not liable because the order was placed through Parcel2Go.  After reading the pinned articles in this forum, particularly the recent judgement in the Brentford County and Family Court, we think that this is untrue because the Contract (Rights of Third Parties) Act 1999 applies.  I did buy insurance.  Interestingly although they claim no liability they did make a settlement offer of £69, half the amount claimed.

We haven't been given a date for the mediation call yet, we only replied to the Court a few days ago.

My submission (edited to remove personal information) and Evri's response are attached.

465MC676-claim-form-claimant-copy-redacted.pdf 465MC676-claim-response.pdf

[Hopalong]

Also, yes I came here from Facebook.

When booking the parcel delivery we declared did declare the cost correctly - the goods cost £138, and that's the value we declared.

[BankFodder]

Thank you. Please can you clarify – I understand that you bought a buy one get one free offer so that you spend £69 but the value of what you received was 138. Is that correct?

And because of that, because the item was lost, you are out of pocket by £69 – plus the additional expenses

[Hopalong]

No, it was two separate orders each order being £69 for a total of £138.  Each order was for two knee braces (because of the BOGOF offer) meaning I received a total of four knee braces.

What happened is that I tried to placed an order on the vendors site.  Initially the order failed with a message that payment couldn't be processed.  After checking with the credit card company I re-attempted the order and this time it succeeded.

It was only when the dispatch notices arrived that I realised the site had actually accepted both orders but by then it was too late to stop one of the orders.

The braces were not suitable so all four were re-packed in the original packaging, new address labels attached and passed to Evri for return to the vendor. 

[BankFodder]

Thank you.

Presumably you don't have a mediation date yet.

I suggest that you do lots of reading of the stories on this sub- forum and we have some very useful accounts of their mediation experience which people have been kind enough to post up after they have achieved their settlements.

You should understand that everybody gets a settlement from EVRi. The mediation process is simply a bit of a trick to try and place obstacles and to frightened people and to try and put others off from claiming.

You should absolutely stand your ground for every last penny and if it happens that the mediation fails then don't worry, it will go to Brentford County Court and there you will win.

As it happens, we have a judgement precisely on the issue of third party rights and which was heard at Brentford County Court and we are carrying a transcript on this forum.

If you look at the top of the sub- forum at the pinned topics you will find it there and if you end up going to trial then you can use this as part of the evidence.

Stand your ground at the mediation. Your chances of success in this case are pretty well 100%. EVRi are simply trying it on. They are watching this forum and they are probably seeing this thread – but we aren't worried.

Everything we do is straight dealing and honest which is more than we can say for EVRi.

Please do the reading and then come back and ask us questions and also let us know when you have a mediation date

[Hopalong]

Thank you.

That's correct, no mediation date yet.  I'll update the thread when we get it.

 

[BankFodder]

Also, if you think that we are helpful then please go and tell the people on Facebook.

We are often on Facebook trying to correct the poor advice that and urging people to come here but very will actually do. I suspect that they don't trust us and that they think we are making money out of it or selling their data or something.
If you believe that's not true and you trust us – then let other victims of EVRi know

[Nicky Boy]

Yep, we're all volunteers here and do this for satisfacion (and the fun of cutting the big boys down to size!)

[Hopalong]

The mediation date has come through; early afternoon on 3rd Jan 2024.

It will be interesting to see whether Evri attend or attempt to further frustrate our efforts by staying away.

[Nicky Boy]

If you look around other threads, you'll see that they do attend... and try to save themselves a few quid by bargaining you down.

I'm sure jk and bf will be along to give you some advice. 

[jk2054]

Hi,

Yes evri will attend. You will need to go back and fourth abit but should be good if you stick to your stuff.

 

Any questions let me know

[BankFodder]

If they stay away, it won't be a frustration of efforts. It will give us an opportunity to go on to trial and to get another judgement against them

[jk2054]

how did this go?