EVRI lost Software worth £849 - court claim issue - they are denying it's them - wrong claimant.

[MoltoModerato]

Hello and thank you in advance of any help.

Quite simply

I sent an item (Boxed NUENDO Music Software, value £894) with evri in August 2023 to an address in Preston. I paid £45.54 for the parcel to be fully insured for exactly £894

After a few days the tracking stopped and after waiting the requisite amount of time for the parcel to be deemed lost I initiated an enquiry on the evri website and received what I assume to be an automated e-mail:

Thank you for getting in touch with your enquiry which you raised on the Evri website via our Digital Assistant. As soon as you submitted your enquiry details it was sent to your local Customer Services team to look into this, rest assured we have it in hand.  Please see a summary of your enquiry details below:

Barcode provided     Enquiry created date 12/Sep/2023 10:14:19      Enquiry incident number for reference

This e-mail (which includes any files/attachments transmitted with it) is confidential. It is intended solely for the use of the individual to whom it is addressed. Any views presented are solely those of the author and do not necessarily represent those of Evri.

Evri is a trading name of EVRi Parcelnet Limited. Registered in England and Wales No. 03900782 Registered office: Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH

After waiting nearly three months and having received no further reply I tried to contact them via their phone/chat service but Evri had removed the tracking details from their system so any attempt to contact them was rebutted by the message that the tracking number they had given me was now invalid. Without a valid tracking ID you cannot contact Evri it would seem.

I subsequently put in a MoneyClaim through the HM Courts & Tribunals system on the gov.uk website and awaited a reply. The following is the relevant section of the claim:

3. Claim
Reason for claim:

3.1. EVRI have lost a packet I sent in August 2023 (fully insured) and I still havent received any compensation

Timeline of what happened:

25th August 2023

12th September 2023

Sent packet containing music software (value £894) using EVRI service, paid additional to be fully covered upto £894 The tracking number given was 

As the packet remained undelivered, the last tracking status at this time stated that packet had been at a processing centre,

I contacted EVRI through their chat facility and received an e-mail back stating that they would be investigating: The content of the e-mail states: Thank you for getting in touch with your enquiry which you raised on the Evri website via our Digital Assistant. As soon as you submitted your enquiry details it was sent to your local Customer Services team to look into this, rest assured we have it in hand. Please see a summary of your enquiry details below: Barcode provided  Enquiry created date 12/Sep /2023 10:14:19 Enquiry incident number for reference 

I've tried phoning EVRI on several occasions and using their CHAT facility but I cannot progress the case as it states that the tracking number  they gave me is not valid! As I cannot progress the case I am making a claim through yourselves

I have all relevant paperwork: Posting receipt EVRI invoice documenting postage and insurance Duplicate of original label they provided

Various Dates

Evidence:

Receipts

Claim number: 

 

For further details of the courts www.gov.uk/find-court-tribunal © Crown copyright Page 2 of 3

Letters, emails and other correspondence

4. Claim amount details Claim amount items:

Lost item contents (NUENDO Music Software Package)

Refund of Evri Postage Insurance

5. Total amount

Claim amount: Claim fee: Total:

6. Statement of truth

I can provide and or forward the e-mail from evri confirming that they were investigating the loss

£894 £34.96

£928.96 £70 £998.96

Finally on the 12th February I received a reply from evri via the HM Courts & Tribunals system , disputing the claim. They clearly admit loss but I don't understand the grounds for denial of compensation:

1. Defendant’s details

Name Address

Telephone Email

EVRI

EVRI
CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS
LS27 0WH

Defendant’s response

In the County Court Business Centre Online Civil Money Claims

Claim number: Issued on: 8 January 2024

  

2. Defendant’s response to the claim

Defendant’s response I dispute all the claim Why they dispute the claim

2.1. 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.

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

2.3. Background

2.4. 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.

2.5. 4. On or around 25 August 2023, the Claimant entered into an agreement, with agreement number , 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’).

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

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

2.8. 7. The Claimant stated that the Parcel was valued at £894.00.

2.9. 8. Pursuant to the terms of the Contract, on or around 25 August 2023 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient.

2.10. 9. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £45.54 (including VAT).

2.11. 10. The last tracking point for the Parcel was on 28 August 2023. There are no further tracking points after this date and therefore the Defendant accepts that the Parcel is lost.

2.12. The Claim Value
2.13. 11. The Claimant stated on the ‘Order Form’ that the value of the Parcel

was £894.00.

2.14. 12. The Claimant seeks to recover a total of £998.96 including Court fees of £70.00.

2.15. 13. The Claimant is put to strict proof as to the value of the claim. 2.16. The Defence

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

2.18. 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.

2.19. Claim Form – Particulars of Claim

2.20. 16. The sentence in the Particulars of Claim is admitted insofar as the last tracking point for the Parcel was 28 August 2023. There have been no further tracking points after this point, and therefore, the Defendant accepts that the Parcel is lost. The Defendant requests evidence from the Claimant of all correspondence and conversations between the Claimant and the Defendant in relation to the Parcel.

2.21. Limit of Liability

2.22. 17. 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:-

2.23. 17.1. Clause 4.2

2.24. ‘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’).’

2.25. 17.2. Clause 4.3
2.26. ‘Compensation shall be the full extent of our liability to you for Loss or

Damage or Late Delivery.’ 2.27. 17.3. Clause 5.2

2.28. ‘Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of:

2.29. i. £20

2.30. 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);

2.31. and we will refund your Charges.’
2.32. ‘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.’ 2.33. 17.4. Cause 5.3

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

2.35. 17.5. Clause 5.4

2.36. ‘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:

2.37. i. the amount of Full Cover you purchased; or

2.38. 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);

2.39. and we will refund your Charges.’ 2.40. 17.6. Clause 5.5

Claim number: 486MC079

2.41. ‘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.’

2.42. ‘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.’’

2.43. 17.7. Clause 5.6
2.44. ‘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.’

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

2.46. 18. 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.

2.47. Claim for Compensation
2.48. 19. The Claimant claims £998.96 including court fees of £70.00.

2.49. 20. As explained above, it is denied that the Defendant owes the Claimant £998.96.

3. Mediation

Willing to try mediation Yes

Can anybody suggest what I should do next?  

According to the gov.uk Money Claims system I appear to have until the 18th March 2024 to 'Decide whether to proceed"

Can anybody suggest why they have denied the claim?

Or are they asking for a proof of costs?

Any advice would be extremely helpful as I'm now around £1000 out of pocket in total.

[dx100uk]

std evri defence in just about every evri claimform thread here

get your N180 in.

thread title updated

dx

 

 

[MoltoModerato]

Thank you very much for the prompt reply and, please forgive my ignorance, what is an N180 and who/where/what/how do I get it in?

Kindest regards

[dx100uk]

you mean you launched a court claim without researching how you do things...

suggest you read a good few evri claimform threads here 

[MoltoModerato]

Ah thank you.... according to the e-mail from HM Courts & Tribunal Services, the claim is through the Money Claims Service

[jk2054]

Update on this please?

[MoltoModerato]

Hello.

It went to mediation but Evri did not show up.

I received an e-mail from HM Courts & Tribunal stating that:

"You were not able to resolve your claim against EVRI using mediation. The claim will go to a hearing. We’ll contact you with the details."

 

That was two weeks ago but nothing since.

 

[jk2054]

normal, you'll get something in the next 2 ish weeks.

[MoltoModerato]

Thanks jk2054, you were indeed correct.

I've received the court order requesting documents and the witness statement etc. which I will read through and begin to compile shortly.

[jk2054]

Glad to hear it followed suit.

 

As always any questions do let us know.

 

 

[MoltoModerato]

Thanks again. Apologies for the delay in reply - I've just had some time off with my family in a remote Carmarthenshire cwm 'off-grid'. I'm just finalising my witness statement and will post here when complete if you would like to see it.

The WS is to be sent to the Court and Evri by the 13th May.

As yet I have not received a WS or any other contact from EVRI

 

 

[jk2054]

Hi, despite saying you would post it up we have not seen the WS or EVRis WS.

Please can you post them up.