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    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Evri refusing to compensate or process claim for lost item


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Good Day Everyone ,


Please I would appreciate your advice on
my most recent issue with Evri delivery company. 

I sent 2 parcles 2 months ago using Evri. Both bags were packed in exactly the same manner and picked up from a residential address but only one was delivered to my door step . 


After 2 weeks of tracking the second parcel and noticing there was no progress,

I reached out to Evri customer support who later confirmed that the parcel was missing and advised I open a claim which I did and also attached a photo of the parcel before it was sent. 

Evri has refused to proceed with the claim , with the excuse that the parcel packaging did not follow their guidelines, as stated on their website and also would not be compensated for this same reason . 

I pointed out the fact that the second parcel which was packaged in the same way was delivered despite their so called guidelines.

Shouldn’t the parcel be returned rather than allowing it to go missing , with the excuse of it being wrongly packaged? 

I am sad and confused and would appreciate if I could get advice on that next step I can take from this point .

Thank you.

 

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Please will you tell us what it was inside the parcels, was it correctly declared, was the value correctly declared? What was the value? Did you buy their so called insurance?

Do you have any photographs of the packaging?

 

Answer these questions and then spend at least two or three days reading lots of the stories on the subform so that you start to understand the principles.

Don't necessarily look around for an exactly similar set of facts. It is about the principles which are involved.

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Thanks for you response.

The Parcel contained clothes, few books and jewelleries .

I didn’t declare the jewelleries ,

honestly didn’t think it would matter much since the clothes were way more than the jewelleries.

Also didn’t declare the actual value.

I undervalued the items 🤦🏾‍♀️as I never imagined I’d get to this point.

I declared £50 and the value is about £200 .

I bought their insurance also.

I have attached a  photo of how it was packaged .

Thank you .

I really appreciate. 

 

 

photo of how it was packaged.pdf

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Thanks for this information. I'm afraid that you won't be very happy with some of the things I'm going to say here but please remember that this is not only for your benefit. Others will visit this thread and this will help their understanding as well.

The fact that you went ahead and bought their insurance must mean that a value was declared you have told us that you declared andundervalued of £50 instead of the true value of about £200.

Not only is insurance unnecessary because you are adequately covered by the consumer rights act, but in fact the insurance is unlawful under section 72 of the 2015 act and EVRi attempt to limit their liability is unlawful under section 57.

I'm afraid that by buying the insurance for and undervalue, you have completely shot yourself in the foot.

By insuring your parcel for a maximum value of £50, you have made it clear to everybody that you undervalued the contents of the parcel and I think you will be very hard pressed to obtain more than that in a claim.

You say that you undervalued the item because you never thought it would get to this point. In other words you undervalued it because you didn't think it would be lost.
This is rather like saying that you didn't bother to look before crossing the road because you didn't imagine that you would get knocked down and killed.


You would have been better off not buying any insurance at all – partly because it was not necessary – but also because it would not be a clear indication to EVRi of the value of the risk they were taking when taking custody of the parcel and undertaking to deliver it.
What you have done here is to spend extra money quite needlessly insuring your £200 and parcel for only £50 in the expectation that it wouldn't be lost.
I'm struggling to understand why, if you didn't imagine that it would be lost, that you bothered to insure it at all.

Also you also did not declare the contents of the parcel correctly. You withheld information that it contains jewellery. I'm not sure what you did this but once again you have shot yourself in the foot because now you want to go to EVRi and tell them that they have lost your parcel containing clothes and jewellery and you want compensation for both even though you hid this information when you organised the delivery.

In common with the rest of the parcel delivery industry EVRi are a dishonest company when it comes to their insurance schemes and also the way they handled many of their customers who have suffered lost or damaged parcels. However, in order to tackle them head-on you, the customer, have to be completely honest and straight dealing.

It may be that these failures to declare contents and the giving of an undervalue were accidental but I'm afraid that this is going to prejudice your situation very badly.

We will help you try to claim back whatever you want to claim. EVRi need a slap. The people we support always get their money back – but I am flagging up here that although I think there is no difficulty for you to get your £50 back, getting the full value of the parcel is most unlikely but if you want to try and we will certainly help you.

You have posted a photograph of the packaged parcel. It seems to me that you put your belongings in a strong zip up plastic carrier bag and then wrapped in cling film.
I have some sympathy with EVRi when they say that this packaging was not appropriate.
I understand very well that a similar parcel did arrive safely – but that may be down to good luck – rather than prudent preparation by yourself.

If you want to make a claim then we will help you. Make sure you have done the reading and start preparing a letter of claim. We are normally advising people not to bother to go to mediation but in this case I think that if you can settle for £50 – the declared value – then you are probably doing quite well.

I'm sorry that is not better news. I'm sorry also that you will find this post rather critical of how you have handled this – but as I have said, there are other people who visit this forum as well and honest opinions are helpful to everybody

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That is fine.

Decide how much you want to claim. The cost for claiming £50 is the same as claiming for £200 I think. Check up on the County Courts website for the most recent court fees.

If the cost is the same then you may as well claim for the large amount and be prepared to back down if needed

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