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EVRi says they delivered a parcel but recipient didn't get it - WON AT TRIAL


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Hey All,

 

This thread will be for reference more than anything but I've attached a copy of the claim form and defence.

This claim was heard at Reading and the judge agreed that the terms weren't abided by and I won the claim.

The judge was pretty clear that the contract was not adhered to so it didn't take much convincing to win the claim

 

 

 

CF RD2.pdf DFD1.pdf

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For the benefit of others who visit this thread, paragraph 13 contains an error

Quote

Furthermore, the defendant excludes their liability to reimburse their
customers for lost or damaged parcels and this is contrary to section 47 of the
Consumer Rights Act 2015. The defendant is prepared to waive their exclusion
if the claimant pays extra money for an insurance policy which the defendant
describes as "Full cover”.

It should be section 57

I think that this error was caused by me because some point last year I started mistakenly referring to section 47 and it was picked up and started to be used by a number of people who had complaints against EVRi.

 

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And by the way, have they paid up yet?

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