Evri lost £100 package - MoneyClaim submitted ***Judgment ***

[Suggababe]

Hello

I submitted my MoneyClaim (4/01) after evri lost a parcel of a value over £100 at end of last year and refused to refund me more that £20 plus postage which I refused however (they issued the refund). I didn’t pay for the insurance however I am aware that this is not required.

I sent a letter of claim prior to submitting my MoneyClaim which was ignored by evri.

Evri have today acknowledged the claim and intend to defend the claim.

I just want to know what happens next and if I’m required to do anything to prepare for their response?

[BankFodder]

You've done the right thing.

We would like to see your letter of claim please and also the claim form.

In terms of what happens next, please read a couple of days worth of the stories on this sub- forum and you will soon get to understand how it all goes. It is important that you do this so that you are in control of the principles and this will give you confidence.

 

You will eventually be offered an opportunity to accept or decline going to mediation.
If you go to mediation you will be bound by an undertaking of confidentiality and also you will have to agree that you are open to compromise.
There is no need to compromise on anything here. EVRi are completely in the wrong and what they are doing is completely unlawful and it oppresses millions of their customers who either don't insure and then don't get reimbursement although they are entitled to it – and maybe more seriously, intimidates the majority of their customers into purchasing this unlawful insurance.
Of course it's not insurance in the conventional sense because it doesn't go out through an insurer. It's not regulated. It is simply money into the pockets of the delivery companies – all of them.

We would recommend that you don't waste time on the mediation process but that you go directly to trial. There are no issues here to compromise on. The law is on your side.

In fact we are starting to find that on the occasion that litigants don't go to mediation, that they get an approach from EVRi before the trial with an offer of settlement.
EVRi badly do not want to go to trial. They badly don't want any more judgements against them on this issue.

If you decline mediation then it will introduce a certain delay to your eventual success. However if you agree to mediation and the mediation fails because you won't back down then the process of then going to court and having the matter tried before a judge will add an additional delay.

You can probably tell from what I'm saying that our preference is that these matters go to trial rather than being dealt with secretly some mediation process.
The more cases that go to trial and the more judgements which are obtained against the parcel delivery companies, then the more likely that one day this scandal of unlawful insurance will be brought to an end.
For so long as the final result is hidden behind a secret mediation process, then the delivery companies will simply go on outside any public scrutiny making their unlawful money and rewarding only those customers who have the energy and the persistence to take it to the end.

Sometimes I wonder whether this whole business of unlawful parcel insurance doesn't smack of the present Horizon scandal.

As you are finding out, will find that EVRi will delay everything into the last moment. You have already received an acknowledgement of service. Then at the last moment you will get a defence. The defence will be absolutely they are standard defence which will basically ignore everything.
They will then try to push you to mediation and they will try to save a few quid – but you should realise that for the parcel delivery industry, it's got nothing to do with justice. It has only to do with frustrating the legitimate claims of their innocent customers. It is about debt avoidance.

 

Incidentally, if you do decide to go to court about this, you will find that it is a very easy and informal experience. We recommend that people have a look at our court familiarisation guide and go for a court familiarisation visit.

[Suggababe]

I did note the conflicting information of the cost of the lost parcel.

Should I amend?

PAPLOC+Claimform+Defence.pdf

Edited February 6 by dx100uk
unnecessary previous post quote removed

[BankFodder]

First of all, when you post multiple documents, please can you post them in a single file – multipage single file format. It is very difficult for us as unpaid volunteers to have to go to different files and open each one and try to reference them across to each other.

Secondly, in your claim form you haven't mentioned what the contents of the parcel are. I see that there is a single reference in your letter of claim to "sandals" – but you don't give any idea about the sandals or why they should be worth £100 – and according to EVRi, it seems that when you sent them you declared their value at only £50. Why did you declare an undervalue?

In your letter of claim you say that you are claiming £60 legal fees. Please can you explain this.

Also in your claim form you say that you are going to send detailed particulars of claim within 14 days. Where are they?

You get points for having gone ahead and sued them.
You lose quite a few points because by and large it's a mess. A shame you didn't come here a lot earlier – but you referenced section 57 and also section 72 of the consumer rights act. I expect that the only place you saw this was on this forum and this makes me think that you have been reading some of the things on this forum before you joined and posted.

Interesting to see that for the first time in my knowledge, George and Judy and Libby have also referenced section 57 and section 72 in their defence.

Of course they haven't done it very well and it's a load of rubbish. I wonder if they took their cue from     – although I would have hoped that he would provide better quality support than this.
You talk about amending the figure in order to address the discrepancy between the apparent declared value and the figure you are claiming. I think it is probably too late for this – but first of all please answer my questions about the particulars of claim.

If your letter of claim was sent on 20 November. You gave 28 days – why so long? Did you issue the claim on day 29?

[Suggababe]

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First of all, when you post multiple documents, please can you post them in a single file – multipage single file format. It is very difficult for us as unpaid volunteers to have to go to different files and open each one and try to reference them across to each other.

Apologies for this I spend days trying to get the letter of claim and the claim form. They only just allowed me to load. No idea why I’ve only just managed to load the documents now, so I loaded them all at once. PS  I am working from a phone
 

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Secondly, in your claim form you haven't mentioned what the contents of the parcel are. I see that there is a single reference in your letter of claim to "sandals" – be don't give any idea about the sandals or why they should be worth £100 – and according to EVRi, it seems that when you sent them you declared their value at only £50. Why do you declare an undervalue?

I don’t believe I declared them under I believe I only paid for the £5 cover at the time of booking 

 

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In your letter of claim you say that you are claiming £60 legal fees. Please can you explain this.

In error wasn’t sure how much legal fees were until I actually went to apply for the claim it was only £35
 

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Also in your claim form you say that you are going to send detailed particulars of claim within 14 days. Where are they?

I used a template I found on a Facebook group. Copied and pasted. Probably would have been wise to remove but also assume this would mean I was happy to send proof of purchase cost of the item 

 

Quote

You get points for having gone ahead and sued them.
You lose quite a few points because by and large it's a mess. A shame you didn't come here a lot earlier – but you referenced section 57 and also section 72 of the consumer rights act. I expect that the only place you saw this was on this forum and this makes me think that you have been reading some of the things on this forum before you joined posted.

On a Facebook group and from the forum

 

Quote

Interesting to see that for the first time in my knowledge,     have also referenced section 57 and section 72 in their defence.

Of course they haven't done it very well and it's a load of rubbish. I wonder if they took their cue from     – although I would have hoped that he would provide better quality support than this.
You talk about amending the figure in order to address the discrepancy between the apparent declared value and the figure you are claiming. I think it is probably too late for this – but first of all please answer my questions about the particulars of claim.

If your letter of claim was sent on 20 November. You gave 28 days – why so long? Did you issue the claim on day 29?

I submitted shortly after the Xmas festivities - my thoughts were that it probably wouldn’t have gotten a response during that time either way was hoping this wouldn’t have been a problem. 

[BankFodder]

Nothing much to do now except to wait.

We have had one person who managed to recover more than their declared value but by and large I tend to feel that although you will win, the chances are that you will only win your declared value.

It makes absolutely no sense to undervalue an item. Especially as you didn't purchase insurance – you save no money at all and I'm not sure why you undervalued them. A value must have been declared. It is part of the booking process and it wouldn't have been possible to proceed without declaring some kind of value.

You have caused yourself some difficulty here. You need to be completely straight dealing.

I understand that you may have difficulties in uploading documents but I'm afraid that you had better get to grips with it. If you want to use the forum format and benefit from free advice then you're going to have to learn how to use the technology. The alternative is to go and see a solicitor for about £350 an hour.

I suggested early on in the thread that you start doing reading at least a couple of days. I'm not sure that you have done that because you would be more in control.

Nothing to do now other than to wait for the directions questionnaire but this doesn't mean that you do nothing.

Start reading. Start reading hard. Stop using Facebook. If you want help from us then you will have to do make sure that you understand the materials that we have put up on this sub- forum in order to make your life easier, to give you more confidence and put you in control.

Let us know when you get the directions questionnaire

[Suggababe]

It’s very odd as I don’t recall declaring a value. I’ve just checked my invoice from the day of the booking with Evri.

 

they also said something about putting the wrong name on the claim. Is that something I have to amend? Wasn’t every clear on that aspect of the response 

[dx100uk]

you need to read and follow the advice of the 100's of evri claimform threads here . stop using facebook!!

pdf files merged

next time read upload carefully its all there.

[BankFodder]

The name on the claimant is not significant – although course it doesn't help.

However, they clearly know about the claim and that is important thing that the claimant has been brought to their notice.
We can deal with it later bit it is a mere technicality and it doesn't get in your way.

The undervalue is important. When you ask somebody to do something, they have to understand what they are being asked to do and when you give a value for an item you're asking them to take on a certain risk – in this case, a risk with a value of £50/£100.

It is on that basis that they enter into a contract with you.

You can certainly try and argue for the full value of your item but I don't think you have a very good chance of success on it. On the other hand, if the matter went to trial, even if the judge only awarded you the £50, there would be a judgement in your favour which would confirm that the EVRi insurance requirement and their attempt to exclude or limit liability was unlawful and contrary to section 57 and also section 72 of the consumer rights act.

EVRi definitely don't want another judgement against them on this point. We have three judgements so far – and so if you absolutely stand your ground, refused mediation and went to trial, in order to prevent a full judgement against them they might well offer you the full amount that you are claiming in order to avoid that.
It's up to you. You can certainly win £50 here. It's up to you where the you want to press for the full £100.

Once again, there is nowhere that you that she described what it is that has been lost. You even promised to send them for particulars of claim but you didn't.
And I know that we are being a bit tough with you here but it's not only for your benefit. There will be others who visit this thread and hopefully will take a lesson.

We are trying to rescue the situation for you. You need to start taking this seriously. This isn't Facebook.
You need to stop simply relying on templates without pausing to understand what you have written. 

You have redacted your identifiers from the documents which you posted. This is the correct thing to do but it would be helpful to us if you could let us have on redacted copies by private message please.

 

[BankFodder]

Another claim involving and undervalue

 

 

[Suggababe]

Hi ya,

finally got the directions questionnaire. I had to chase the court to send it.

They emailed it over.

not sure how to share this with you directly.

should I fill in before sharing.

[jk2054]

upLoad a pdf of their DQ please

[Suggababe]

Blank copy - can upload completed copy

N180_Final_Form(2).pdf

[BankFodder]

You need to complete it. We know what a blank one looks like.

[jk2054]

no upload their completed copy is what i asked for

Good old typical response.

Personally for this you should say Yes to mediation. 

[BankFodder]

Our  advice now is to decline mediation

[Suggababe]

Thank you both for your advices I will decline mediation. I’ll share my questionnaire when I’m back on my laptop 

[jk2054]

No you should accept it

 

You undervalued the item so should go to mediation.

@BankFodder did you account for the fact it was undervalued? I thought normally we said undervalue = go to mediation.

Edited February 27 by jk2054

[BankFodder]

Yes, sorry that is right. If this was an undervaluation then you should certainly go to mediation.

 

[jk2054]

Ye Ye its the one where he declared £50 and the true value was £100

 

[Nicky Boy]

Too many threads!

[jk2054]

Yep yep.

[jk2054]

update?

[Suggababe]

Hi ya,

Thanks for checking in

unfortunately there’s been no updates since I filed the DQ and requested to do mediation.

I’ve spoken to MCOL a few times, they’ve told me that they have a backlog of requests, so not to rely on the information on my file.

They asked me to call back on the 15th of April in which, if they’ve not heard back from the defence then I do the judgement. Just a waiting game currently. 

information on my claim file

DQ sent to EVRi Parcelnet Limited on 09/02/2024

DQ filed on 11/03/2024

Case Stay Lifted on 12/03/2024

General sanctions order was made on 12/03/2024

Case Stay Lifted on 22/03/2024

Case Stayed on 22/03/2024

 

[jk2054]

So EVRi didn't file their DQ?

 

Is that whats happened?