Evri lost £200 parcel - Online Civil MoneyClaim ( OCMC ) issued.

[Happy Potter]

Last August Evri lost a parcel worth £200 which I was returning to a retailer for a refund. 

 

They refused to compensate me as I hadn't taken out their extra 'insurance'. 

 

Having spent some time emailing their Customer Services team, Head of Legal and their CEO, quoting s57 and s72 of the CRA, I gave up and submitted a claim on 12 February. 

 

They were given an extension of time to respond (without any justification as far as I could see) until 4pm today. 

 

Just now I was notified that they had rejected my claim and suggested mediation.

 

  I've had no other contact from them since I issued the claim. 

 

I suspect this is just another delaying tactic and am inclined to refuse mediation, especially in light of the advice I have seen from this Group.

 

I note you say you can provide transcripts of previous judgments to anyone going to trial - could you let me know how to access these please.  And could you please let me know what more I need to do, if anything, in the small claims court procedure, in order to ensure success?

 

  Is there any risk I might lose and so would be better off agreeing to mediation?  I understand that they usually settle via mediation and the process is much quicker?

 

I am very loathe to waste yet more time on this, but am infuriated that they are getting away with what appears to be an unlawful trading practice. 

 

I wrote to Radio 4's You and Yours programme to highlight this issue a few months ago and got no response.

 

  Apart from the Times article which is posted on your forum I haven't seen any publicity, which seems incredible.

 

Many thanks in advance for your advice.

 

Edited March 18 by dx100uk
Post spaced please don't post solid blocks of spaced.

[AndyOrch]

Welcome to the forum.

Topic title amended for clarity.

How did you submit your court claim ? Northampton MCOL or the new Online Civil Money Claims ( OCMC ) ?

The claimant had up until last Friday (4.00pm) to submit a defence.

 

Andy

 

 

.

 

 

[Happy Potter]

Hi Andy

I used the new online service.  The deadline was 4pm today and their 'response' was submitted a couple of hours ago.

Although they've accepted they lost my parcel, they've disputed my claim and have put me to 'strict proof' of its value (I originally submitted a screenshot of my payment to the retailer, which was the only evidence I had - I couldn't find an email from them confirming the order or an invoice unfortunately).   

Their response went on to say

"the Defendant denies that it offers ‘insurance’ as described by the Claimant, the Defendant offers a Full Cover optional service to increase the available compensation level.

It is denied that the Defendant’s terms and conditions are contrary to the Consumer Rights Act 2015, the Defendant limits it’s liability to its customers within its terms and conditions, the Defendant does not remove the rights in their entirety." 

They then went on to rehash their terms and concluded

"19. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £27.96."

Incidentally, although they say they paid me £20 compensation plus postage of £7.96, I only received a payment of £20 from them (on 15 November).

Thanks

HP

[Nicky Boy]

I think it would be helpful to the team if you could please upload yor particulars of claim and their defence...

[Happy Potter]

Hi there - very happy to do that but can I send these to the team direct as they include personal details so I'd rather not post those. 

[honeybee13]

You're quite right not to put up your personal details but you can use something like MS Paint to obscure your details.

Have a read of our upload guide (click on the words) for help with that.

HB

[Happy Potter]

I'm not the most technically competent!  Can I try cutting and pasting into a word doc instead for you? Sorry!

Very grateful for any advice you can give with this. 

PS I'm going away tomorrow for Easter and it will be difficult to access your forum and the Small Claims court website while I'm away so am hoping to make a decision as to mediation or not today if possible, to move on to the next step, unless you think that's too hasty.

[lolerz]

word document isn't good either, it contains all your pers info in the file details.

take a screenshot and cover up any pers info in MS paint or a similar program. Then collate the files and save as a pdf using an online tool.


See upload <--

[Happy Potter]

Hi - I've just cut and pasted my claim and Evri's response into a word doc - hope that's ok! 

 

Evri Claim and Response - personal details extracted pdf.pdf

[dx100uk]

Don't use doc all your peers details are in files info/properties

File save as. Pdf then options.. U tic properties box.. Save

[lolerz]

doc file removed and threads merged.

[dx100uk]

When they do aos they automatically get an extra 14 days. 

Dx

[Happy Potter]

Hi Dx

My query is whether to accept mediation?  What would that involve? 

If I refused to accept mediation what more would I have to do to continue with the claim, other than provide the evidence referred to in my claim?  Is my claim guaranteed to succeed?  Could you let me have access to the judgments against Evri which I've seen reference to here?

I'd like to make the decision today if possible, before I go away, rather than have it hang over me.  Not sure I've got the appetite, or the time, for a court battle, but I'd like to help in exposing what seems to be an unlawful and widespread business practice.

Thanks

HP

 

[dx100uk]

go on to the OCMC site agree mediation and state the dates you are not available.

 

[Happy Potter]

Hi there

I accepted Evri's offer of mediation but they didn't attend - the mediator couldn't get hold of them during the time slot we were given!  So the court issued a direction that the case needs to go to a hearing as mediation 'failed to resolve the issue'.  I've written back to the court to point out that it didn't 'fail' they just didn't show up, and asking that a judge deals with this on the papers as the issues are clear and Evri has said they aren't available on any date up to the end of June for a hearing (just another delaying tactic I suspect), so this delay would go against the whole point of the small claims proceduare to settle claims quickly. 

Evri had requested a hearing and have a right to respond to my request to review the order, and I don't know if the court will agree with me, so while I wait for them to respond I suppose I should start preparing for a hearing and get together the further information the court has asked for?

Would you be able to let me know how to get hold of the 3 precedent judgements on this issue which I've seen referred to on the forum please?

Many thanks for your help.

HP

[AndyOrch]

 

22 hours ago, Happy Potter said:

I accepted Evri's offer of mediation but they didn't attend -

Not Evris offer, the court offers mediation service.

 

22 hours ago, Happy Potter said:

So the court issued a direction that the case needs to go to a hearing as mediation 'failed to resolve the issue'.

All claims proceed to hearing if mediation fails /not happen.

 

22 hours ago, Happy Potter said:

I've written back to the court to point out that it didn't 'fail' they just didn't show up, and asking that a judge deals with this on the papers

Why do you not wish to attend in person to stand your claim ?

 

 

22 hours ago, Happy Potter said:

I suppose I should start preparing for a hearing and get together the further information the court has asked for?

Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.

 

https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007

 

Andy

 

[BankFodder]

It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are.

For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that.

You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial.
You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part.

Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything

[Happy Potter]

Thanks BankFodder - I have spent some time on the site trying to find the judgements but I'm not very savvy and don't know how to navigate this sort of site!!  Sorry to be stupid, but where do I find the 'fixed topics'?  The only judgement I've been able to find so far is the Farooq one, which seems to be more about third party rights than the 'insurance'/unfair contractual term issue.

[BankFodder]

Start off by clicking this link

https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/

that will take you to the beginning of the sub- forum where you will have all the topics which have been posted – listed.

The first 10 or dozen or so titles referred to threads which are "pinned" and that means that they are fixed and they tend to be information threads and are not threads which have been posted by people asking for help.

If you cast your eye down the various titles you will start to understand what the subject content of each thread is.

Eventually you will get to a shaded bar which is labelled "other topics". That shows you the beginning of the various request for help that have been made by people including yourself.

You will probably find your own thread at the top of those or near the top. The order changes according to the most recent which has been posted.

Start using the forum more and you will get to understand the pattern. If you don't visit very much then it will always be a stranger to you

 

[Happy Potter]

Thanks so much - that's really helpful - I think I'm getting to grips with how to navigate around the site now with the benefit of your instructions!!  Sorry to be such a luddite. I'll carry on reading and will start putting the documents I need together.