Just putting everything together, for sections 57 and 72 there is a concise short statement regarding the acts which I have printed, but the Unfair Contract terms below is a very big file: Unfair Contract Terms Act 1977 WWW.LEGISLATION.GOV.UK An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract... When you say include reference to this act what should I include, just the opening statement of the act or more? Thanks

So, we have now added all the item details to the spreadsheet and completed all the details on Particulars of claim(except first line, "Case Name" which I assume is My Name V EVRi) So what should be in the "court bundle" along with those 2 items, should there be copies of the newspaper articles, and I assume copies of any emails that may seem relevant, what about phone logs showing time spent on phone and number of calls made. Not sure what else may be relevant?

Also, when we get our court bundle together where are we supposed to send it, as I do not have a correspondent address for their legal team?

OK, we are going through the process now of adding item particulars, and will let you know when we have completed. What will we need to do next? Is there any way we can sue for compensation for the damage done to our business and time wasted sorting out their mess?

The Excel file I sent pretty much covers all of that, the contents is the ebay item number which can easily be searched for, otherwise it will be a very lengthy process filling all the details in(which I will do if you think necessary), and there is a value column and a column showing what, if any refund was received and when we put the claim form in. I can add a line showing what is outstanding. The dates sent where 2 specific dates, the 28th of November and the 5th of December, is it necessary to go through every item to include this information(again, I will do if you think necessary). I have formatted the spreadsheet a little and attached again. Where can I put the details of all of the stress, aggravation, time effort etc that they caused during this debacle? lost items redacted.pdf Particulars of claim.pdf

I am filling details of particulars, how much can I claim for as we have had some claims paid, even if not in full, is it only the difference between the value and what has already been paid out? Do I need to be specific about all the parcel contents as well as values? Should the spreadsheets contain as little information as possible or as muchas possible? Also, is the case name "me v EVRi"

Yes, I understand and truly appreciate the help being offered. I was not expecting replies over the weekend hence not monitoring, but of coarse I will from now on. I am not currently in my office so I got the papers sent to me by whatsapp, hence the poor quality, my apologies. If you think it is a winnable case even after my poor presentation of the facts, then yes, I am happy to pay the court fees and continue. Once again thank you for your help.

Here is page one below case (1).pdf

Below are the 2nd and 3rd pages of the court papers, page one has my details and court and date etc so not included WhatsApp Image 2023-07-26 at 09.53.46.pdf WhatsApp Image 2023-07-26 at 09.54.06.pdf

Any update for me to be working on. Should I ask them to postpone the court date?

Please see attached Excel file It is a little messy as it was just for us to track as best as possible what what happening lost items redacted.xls

I have got an Excel file with all of the items claims cost etc. I will just give it a quick once over before sending to make sure there are no personal details in the file. Sorry, I do not usually monitor my emails over the weekend, hence no reply. We have not, to my knowledge, had a date to file papers, just a letter from the court stating the court date, which is 6th September,

I have been asked to start a new thread regarding my plight with Evri. Link to original thread at the bottom of this post. Bullet point as to where we are at at this moment: We run a small ebay business. Nov and December last year we suffered two days where large amounts of parcels were stolen by Evri drivers and we lost over 80 parcels. The first we knew about it was when customers starting to complain about not receiving their parcels. Then there was an article in the local paper regarding the incidents. We contacted EVRi on the phone, by email and was constantly told that all the cases would be sorted. It took so long to go through all the cases as we could only do 3 per phone call, despite being told if we send a list they would sort the rest, this never happened. Eventually, out of frustration we decided to take EVRi to court (before finding this forum). The press did do an article on our plight and I am sure they would be happy to follow it up if I contact them again I have attached the claim form and the defence form. We did mediation, but they claimed not to have enough information to make any offer. The court case is set for the 6th of September at my local magistrates court. Please help us as it seems I am out of my depth now! Below are the articles written: Investigation launched after huge sackfuls of Evri parcels found dumped in Beacon Road, Chatham WWW.KENTONLINE.CO.UK An investigation has been launched after huge bags of parcels distributed by delivery firm Evri were found dumped in a known fly-tipping spot. Margate shop boss considers legal action against Evri over dumped parcels in Medway woods WWW.KENTONLINE.CO.UK A small business owner who lost thousands of pounds worth of goods when parcels were dumped in a field is considering legal action against Evri. 367MC316 DEFENCE (1).pdf 367MC316-claim-form-claimant-copy (1).pdf

Our case went to mediation, which was a proper waste of time. The lady phoned me, I explained the situation and the details, she was very polite and seemed understanding. She went away and spoke to the Evri representative, some minutes later she called back and said that Evri could not make any offer as they did not have enough information and said that they had never received any details of the claims. We had sent an excel file many times to Evri as email attachments when trying to sort out the original situation and the court papers were filled with lots information as well. We are left with no alternative but to proceed to court. The court lady did say we could forward her information that she would pass on the Evri team and that we could still settle any time before the court date. We have received a date for the 6th of September in my local court. Should we try to settle, or are we better off going to court? Any advice greatly appreciated

I have sent our response today accepting mediation and for a personal hearing.

Margate shop boss considers legal action against Evri over dumped parcels in Medway woods WWW.KENTONLINE.CO.UK A small business owner who lost thousands of pounds worth of goods when parcels were dumped in a field is considering legal action against Evri.

Sorry, been on holiday and had no access to the site as it said my connection was insecure(India). I have been in contact with the press (Kent Online), and they have already written an article about my situation and are keen to follow the story if it progresses. I would be very happy to continue talking to the press if Evri dig their heels in, but would be willing to sing their praises if they treat us reasonably. I have sent an email to admin Many thanks

Claim response attached I have looked at the topics, I will go to mediation as it is simpler if they settle with something I find acceptable. So to do this I would need to apply for a hearing in person so I can argue the case to the judge, or would it be based on submitting files for the judge to decide on? Filling in the response is a little complicated as I am not familiar with the procedures. I think I have until the 10th to get it in, if I get it in earlier does it progress quicker, or will nobody look at it until after the 10th? Completely forgot I had found the forum, as I was looking into something for a friend when I joined. I was just searching for guidance for court action against Evri and the forum came up again in the search results. 367MC316 DEFENCE (1).pdf

Can you explain please. I have uploaded the claim in PDF. We now have claim response form to fill in, and of coarse I have selected for mediation. Would you suggest requesting a hearing or not if it happens to go further? We have created an Excel fill with all the items missing and their claim status and how much compensation received. Currently nearly all items have had a claim(some disallowed saying they were submitted too late, but that is not the case). The disparity with the value of items lost and claims received is approximately £800 at this time. 367MC316-claim-form-claimant-copy.pdf

We have a list of all the items, however a good number of them have now been claimed for and we have had the usual £20 maximum claim. We will obviously have to amend our claim down to compensate for this. We spent so much time on trying to rectify the mess this caused so we wanted compensating for this time wasted sorting it all out.

Particulars submitted to court attached 367MC316-claim-form-claimant-copy.docx

I have attached there defence. Many thanks for taking the time to have a look. 367MC316 DEFENCE.docx

Hi Anybody? I was hoping to get some comments on my plight, but all quiet! I have received the first defence letter from Evri, would anybody be interested in commenting on our situation?

Hello everybody, I was searching the web to find out what has happened with people making claims in the small claims court and Evri, then I stumbled upon this fantastic forum! We run a small Ebay business and on 28 November and 5th December we had two lots of parcels stolen at depots in Medway, Kent. We did not know anything until around a week later, when many customers were contacting us saying they had not received their parcels. Long story short: Lots of pointless phone calls to Evri Some claim forms issued Operators only willing to deal with 3 claims max More pointless phone calls. Emails sent with all the (known) missing parcels with promises of sorting claims, never fully sorted. Emails sent to CEO several times with no response. Final email sent stating that court proceedings would start if not answered. Court case opened on 19th Jan for just over £5,000 25th Jan Evri asked for 14 day extension so they have until 4pm 21st Feb to respond. Our claim is based on the fact that an Evri representative stated to the local newspaper that "All customers affected would be contacted and a replacement or a refund would be issued.", to my mind this is a verbal contract so their £20.00 compensation does not apply. Some of our items were up to £360.00 Somebody finally got back to our emails sent to Martijn De Lange, a chap called Stephen, giving some waffle that all the cased had ben looked into and were being sorted, but some were beyond the claim date(which is not true). We are claiming for some parcels that have been under paid(£20 max), some small parcels that they do not compensate for and some that they say are out of date and for our time and effort in trying to sort out the mess they created. Investigation launched after huge sackfuls of Evri parcels found dumped in Beacon Road, Chatham WWW.KENTONLINE.CO.UK An investigation has been launched after huge bags of parcels distributed by delivery firm Evri were found dumped in a known fly-tipping spot. Any advice going forward would be greatly appreciated.

Thanks for the reply, He is not very computer literate hence why I have asked the question on his behalf, I am new to this forum so not familiar with terms, ie SB and Noddle?