EVRI have lost parcel £300 model kit

[Strider713]

Thanks for getting back BankFodder, yes I can confirm that I contracted Evri directly on their website and didn't go via a broker eg Packlink via eBay.

rgds,

J

[BankFodder]

In that case I don't know why we started talking about third-party rights and I didn't notice.

Disregard third-party rights completely. It is all about the consumer rights act – section 57 and section 72. Unlawful insurance

[Strider713]

Thanks for your guidance BankFodder, I'll redo the MCO and put the draft on here for assessment.

rgds

J

[BankFodder]

Yes, thanks. Sorry about the confusion. I should have paid more attention before it went wrong.

Anyway, good practice I suppose.

[Strider713]

I've learnt about Contracts Act, Goods and Services, Unfair and Consumer Acts, so it's been very educating. Will get MCO done for early next week.

[Strider713]

Please find attached my drafts for LOC and MCO, I've amended both to reflect that I'm claiming under the Consumer Act section 57 & 72. 

I would appreciate for these be checked for accuracy etc, thanks.

rgds,

J

Letter of Claim Draft consumer.pdf Money Claims draft consumer.pdf

[BankFodder]

The letter of claim is fine.

I have suggested a slight amendment to your particulars of claim.

Quote

I am claiming under the Consumer Act
2015 Section 57 and 72. The
defendants courier service, EVRI
(trading as EVRi Parcelnet Limited)
was booked and paid by me to deliver a
parcel containing a model kit (Ferrari by
Pocher) to a UK address, EVRI ID:
COOHHA0433277360. Payment was
made directly to EVRI using their
website and not via a broker. The
defendant has confirmed the parcel
was not delivered and is now lost. The
defendant has not reimbursed the
claimant for the full value and has
unilaterally paid their minimum
compensation of £20.00 + £10.27
delivery costs and has closed the case.
The compensation amount is on the
basis that the claimant did not purchase
the defendants additional insurance
cover. By this action the defendant is in
breach of the Consumer Act 2015,
Section 57 and 72. My claim is for

£280.00 + court fee's + 8% interest
under County Courts Act 1984, Section
69.

 

[Strider713]

Please find attached my amended MCO draft, would appreciate it's checked over, thanks.

rgds,

J

Money Claims consumer draft.pdf

[BankFodder]

It looks fine.

At some point after you issue the claim you will be given an opportunity to agree to go to mediation.

We suggest that you don't go to mediation. Your rights are clear and there is no reason to compromise. If you get a mediation then you must effectively agree that you are prepared to compromise on something. That means giving up some of your money which means that EVRi make some kind of unlawful profit out of the situation.

Not only that, if you sign up the mediation you also have to sign up to a confidentiality agreement. The process is not transparent. It favours the more powerful party – and that is EVRi.
They hate the publicity. They hate the idea of having a judgement.

If you really want to stand by your guns then you should decline mediation.

If you do go to mediation then if the mediation is successful for you then it will bring a quick end to the process. But if the mediation fails because you are standing your ground then the claim will go to trial and because you have agreed to mediation, that will lengthen the process.

If you go directly to trial and it will be longer then setting by mediation, but it will be shorter than first of all going to mediation and then to trial.

Also, we are finding that sometimes where it is clear that cases going to trial, EVRi then reach out just before the trial date and make an offer. If they did this then you should insist that they pay you 100% what you are claiming. Furthermore, an offer in no circumstances will not be subject to confidentiality and if they said that it had to be confidential then you should tell them that there will cost them 500 quid extra for confidentiality because that is not part of the claim.

EVRi abuse the court process by using up public funds on a scarce resource taxpayer funded County Court system to frustrate legitimate claims. EVRi approaches nothing to do with justice. It is simply to do with debt avoidance and discouraging other victims of their unlawful insurance scheme.
The rest of the parcel industry are doing the same thing.

[Strider713]

Thanks BankFodder for your support, I've noted all your comments. I have no intention to go for mediation and happy to go straight for a trial. If by any chance Evri reach out before the court date I will be reminded of your advice.

My LOC will be sent on Monday, not sure where to email a copy of the LOC, I've got the customer services who I've corresponded with and someone on FaceBook posted the email address for Eyrie's Head of Legal, any suggestions. I've of a mind to send the email to Head of Legal.

Rgds,

J

[BankFodder]

Yes send it to the head of legal. His name is Hugo Martin and he presides over all of this. He has the power to do right and so far it seems that he doesn't choose to

[Strider713]

Yesterday, 20th Feb 2024, I submitted my MCO re my claim against EVRI, I will update this post as it progresses.

rgds

J

[BankFodder]

Thanks for letting us know. Is the draft claim form above the same as the one you finally issued?

Please will you keep us updated and when they file their usual standard defence please let us know and please upload it in PDF format

[Strider713]

Yes my MCO sent is same as the approved draft. I will post the responses here when I receive them. 

Rgds 

J

 

[Strider713]

Just been notified by HM Courts that EVRI have been given a further 14 days to respond to my MCO.

Rgds,

J

[BankFodder]

This is quite normal. They will stretch every limit and delay everything in order to cause problems and stress for you and cost to the taxpayer funded County Court system.
They don't really care because the taxpayer is paying

[Strider713]

Just received the defence response from Evri. I'm surprised they are saying they don't have the parcel details etc, I've kept copies of emails and their responses where the parcel ID is mentioned.

Regards,

J

502MC299-claim-response.pdf502MC299-claim-response.pdf

[jk2054]

Can you upload a redcated copy of your claim form please

 

It seems either the tracking number you have given them is wrong, or you didn't include one. I'm not sure which but one of them seems to apply here.

Edited March 28 by jk2054

[Strider713]

As requested.

Regards,

J

 

Money Claims consumer draft.pdf

[jk2054]

Thank you,

 

This is a draft and I already saw this before but when i try that tracking number in EVRis web it doens't work.

However the defence they have entered is that your tracking number isn't valid.

 

Can you try tracking your item on the EVRi website and see what comes up?

[BankFodder]

Do you have any of the original EVRi parcel receipts et cetera? It would normally be on some kind of blue paper or card

[Strider713]

Evri tracking is showing the number given in my claims as invalid. It is the only number I have for the parcel as shown on the Evri shipping label.

Regards,

J

 

evri-parcelshop-and-courier-78086138 redact.pdf

[jk2054]

Do you have the drop off receipt as BF has alluded to?

[BankFodder]

And please will you scan what you have put it up here in PDF format

[Strider713]

My parcel wasn't dropped-off, I paid for it to be collected by the courier, this is the receipt I was given.

Rgds,

J

 

Evri collection.pdf