EVRI have lost parcel £300 model kit

[BankFodder]

sorry but it won't open

[jk2054]

I can see that.

 

In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.

 

They'll figure it out from there I'm sure

[BankFodder]

16 minutes ago, Strider713 said:

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 190.99 kB · 2 downloads

I'm afraid that I have tried downloading it three times and each time I am getting an error message.

Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not.

Thanks

[Strider713]

hope this is ok

rgds

J

Scan 1.pdf

[Strider713]

As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage?

Rgds,

J

[jk2054]

Firstly, and sorry for not asking earlier but have you submitted your DQ yet?

[Strider713]

Do you mean the part of the Money Claims where it asks if I want to proceed with the claim? If so, no I have not submitted my response at this time.

rgds,

J

[jk2054]

Yes that is the bit I'm talking about.

I would suggest that you get on with that.

It should be fairly self explanatory. Your local CC and any dates your not available.

No to determination without a hearing - Contractual dispute so they must be argued orally.

Personally for this I'd say yes to mediation just with the issues on the parcel tracking so you can try and clear that up if there are any issues.

Also EVRi tend to settle some claims at mediation.

 

The quicker you do that the quicker it proceeds, if you have any issues please ask but otherwise It's best to get on with things. That part is super simple and it will get the case into the queue for a DJ or LA (legal advisor)

Edited March 28 by jk2054
clarity on what a LA is

[Strider713]

OK, thanks for that jk2054, I'll get things moving.

rgds,

J

[BankFodder]

We used to recommend that people accept mediation but our advice has changed.

The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement.

Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret.
This is not open justice. Mediation has nothing to do with justice.
The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill.

Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat.

EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid.

You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court.

If it's good for them it's bad for you.

On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances.

This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction.

Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation.

Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement.

Another judgement against them will simply hurt the position even more and they really don't want this.

300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.

 

 

And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you.

This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case.

So don't worry about that.

The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others.
The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs

[Strider713]

Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course.

I really appreciate the support from the Consumer Action Group.

I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response.

Regards,

J

 

 email text I'm sending to Evri's small claims in answer to their recent defence response:

Quote

 

Dear EVRi Parcelnet Limited,

In answer to points raised in your Defendants Response for the aforementioned Civil MoneyClaim, please find attached copies of documents / correspondence that will address the requests made.

The attachments cover collection / shipping, Evri claim process and proof of value.

 

Yours Sincerely,

 

 

[Strider713]

DQ has been submitted.

rgds,

J

[jk2054]

Dear EVRi parcelnet LTD t/a evri

 

evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.

 

Something like

 

Dear EVRi,

Claim no xxxx

In your defence you said you could not access tracking.

Please see attached receipt and label

Regards

Edited March 29 by jk2054

[Strider713]

Thanks for that. 

[Strider713]

Just an update, I have been informed by the courts that my case has been transferred to my local court. In the meantime I'll finish drafting my court bundle in preparation. If the defendant decides to settle before the court hearing date there would need to be sufficient time for payment to be made and also for the court to be informed. If a settlement turns out to be the case, what sort of time frame would there need to be?

rgds,

J

[jk2054]

Afternoon,

There isn't a set time. You just need to make it clear that the payment needs to be in your bank before you will regards the matter as settled.

They normally give a time, but frankly it doesn't matter - they know it needs to be before the hearing. They aren't stupid.

 

[Strider713]

Ok, thanks for the info 

Rgds 

J

[AndyOrch]

Hearing fee refunds have been abolished anyway so Removal of the ability to claim a refund of the trial fee if the matter settles or is discontinued after the hearing fee has been paid; • Changes to the time hearing fees are due and payable to Court – these will be amended to 28 days prior to the trial date or the start of the trial period