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Lex49

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  1. Did Receive- Directions Questionnaire. Will post it back by post to Evri Address and Court address as requested. Filing Directions Questionnaire (All OK?) A- Do you agree to this case being referred to the small claims Mediation Service- YES B- My contact details …. Will fill as requested C- Do you agree that the small claims track is the appropriate track for this case- YES D- Do you consider that this claim is suitable for determination without hearing- NO Why NO? There are factual disputes and the issues are complex. They need to be argued orally. E- Hearing Venue - Truro Combined Court Edward Street , Truro , TR1 2PB E2- Are you asking for the court permission to use the written evidence of an expert- NO E3- How many witnesses, including yourself will give evidence on your behalf at the hearing- 1 (me) E-4 Are there any days within the next six months when you or a witness will not be able to attend Hearing? Youself- all dates in September E4- Will you be using an interpreter at the hearing either for yourself or witness- NO E5 Do you belive you or a witness are vulnerable in an yway- NO Signature
  2. Nop. Did some spaces edits to nicely fit text in 2 pages. Did upload Unedited Defense if it helps. evri defence consumraction.pdf
  3. So. Evri did file a defence as BankFodder mentioned in last day before i can request Judgement by default. They are saying like they have limited their liability by their contract and since i did not pay for full value coverage- they are saying i am entitled to default compensation of 20GBP i got paid already as unilateral payment. In their defence is small mistake - The Claimant stated on the ‘Order Form’ that the value of the Parcel was £125.97. But i did enter 190.00 of value when i did place an order at myhermes.co.uk - i have screenshot for that. Real value of goods (sold price at ebay) is £145.97 gbp. (20 gbp are refunded).- so i was claiming. the rest of 125.97. Evri defence upload consumractiongroup.pdf
  4. I can not figure out- when is the Date of the Service- from attached documents? In document It says- If Evri do not file a defence within 28 days of the date of service of claim form- judgement may be entered agains them. You submitted a claim on 16/06/2023 at 22:01:00 Your claim was issued on 19/06/2023 Evri filed an acknowledgment of service on 03/07/2023 at 12:05:08 No update till now. Am i correct that at 18 july 00:01 i can Request Judgement? evri claim reply 3 july.pdf
  5. Statistically Evri are better Than Royal mail for me. These year for example i have 5 Royal mail parcels lost (tracking stopped and show nothing). Evri- only 2 parcels lost in these year. I do post 50% more parcels with evri than with Royal mail. So interestingly- Evri have higher chance to deliver. And they are a little bit cheaper than royal mail. Claiming compensation from royal mail is a pain- Royal mail do ask Invoices from the supplier or purchase receipts and that is awful- you never compensation you sold for. Evri Never do ask that- they pay out always as much as you paid insurance for- i mostly go with 20GBP insurance and they always did payout that.
  6. You submitted a claim on 16/06/2023 at 22:01:00 Your claim was issued on 19/06/2023 Evri filed an acknowledgment of service on 03/07/2023 at 12:05:08 They did tick- I intend to defend all of this claim So i should wait reply from them till 17th of July and if they will not send a defence- i shoud click at 18th july- Request Judgment ?
  7. Your claim request has been accepted. The Defendant has 14 days from the date of service of the claim to reply. Thank you for advice. Will wait for defence.
  8. Ok- will claim that also. But I do not know which date should i write- Date money became owed to you (dd/mm/yyyy): - Date when they confirm item lost? Date they issue 20gbp refund? Date letter before action? Date mcol issued? Daily rate of interest up to the date of judgment: - as i understand- total sum incl fees miltiply bu 0.08 and then divide by 365 days . correct? Result is in GBP per day.
  9. Sorry guys. Thats my first time making claim so i wish to be a little bit sure that i am doing it correctly. Letter will be posted at 29th of MAY. And MCOL is prepared to issue at 13th June. Is wording ok for my letter and MCOL? Will claim No interest. Letter of claim: Evri Capitol House 1 Capitol Close Morley LEEDS LS27 0WH 29rd May 2023 Letter Of Claim for Damaged/ Lost/ Non delivered Item xxxxxxxxxx I request a full refund of the purchase price of £145.97 plus my postage costs, on the grounds that the item was not delivered and confirmed as lost. I did receive from you a payment of £20.00 plus postage cost of £5.09. Please note- it was unilateral payment and that I will simply deducting the sum from my eventual claim. So, £125.97 should be paid as compensation for lost parcel. If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. I will also be making a claim under the The unfair contract terms act 1977 Regards, Kons... Mob. 0756 Particulars of claim. 1. on the 26st February 2023, the claimant contracted the defendants to deliver a parcel to an address within the UK. 2. The declared value of the item in total was £145.97, Delivery fee: £5.09. Tracking number: C00HHA03367536... 3. The defendant till claim date- 13th June 2023 has failed to deliver the parcel. 4. On 5th March Defendant customer support was contacted and on the 12th March 2023, the defendant confirmed that they cannot be able to locate a parcel. 5. on the 13th April 2023. The defendant refused to pay out full value of lost item of £145.97 and did issue refund £20.00 plus £5.09 to cover postage costs. It was unilateral payment. 6. The claimant is seeking reimbursement by exercising their rights under the The unfair contract terms act 1977. 7.and The Claimant Claims: a) value of the item minus £20.00 – totalling at £125.97 d) Court Claim fee of £35.00 Claim amounts Amount Claimed £125.97 Court fee £35.00 Total Amount £160.97
  10. I made that letter of claim. Is it ok? No third party was involved. I did place an order on EVRi Website. Value was added 150 GBP during booking. No additional insurance was purchased. leter of claim.pdf
  11. Why not to post letter before action to your buyer? You have all details and address. Include return label (for phone return) if he changes his mind.
  12. I am Self employed seller at Ebay. I resell items for a profit. I did sell items at ebay at 26 Febr 2023. Posted With Evri- on their website. Did describe item correctly and did write value of 150gbp. Did not pay extra insurance. Did open regular claim with them with their claim system. At 13/03/2023 they did confirm that it is lost. At 13/04/2023 they did pay out 20gbp compensation + they did refund postage cost of 5.09GBP . Value declared was 150gbp. They did refund 20GBP as unilateral payment , without me agreeing to it. Question- can i sue them under Consumer Rights Act 2015 ? Or since i am self employed- i should seek another law? Thanks in advance.
  13. Update to my issue. (got FULL compensation from royal mail). What i did: - i did proceed with appeal of decision. - did send them a letter that i am unhappy with solution- to FREEPOST ESCALATED CUSTOMER RESOLUTION TEAM. Did attach the same evidence as before. - today at 12 april they did post a cheque with a full value to me.response.pdf
  14. 57.99 is sale price at ebay. It is impossible to calculate buying value for me. It was a lot of mixes items - some was opened/ some was half filled/ some was ordered several years ago, some was ordered recently. So it was mixed items/ opened items Lot. So i can not supply them with Purchase invoice or receipt. I did supply them only with ebay sale screenshot.
  15. They are stating- I i am a business seller so they will only compensate for cost price not sale price. So they mean- not Ebay sale price. Yes is did refund my buyer completely. I can confirm that i sell at ebay as private seller (but as business to gain earnings). Will i have any probability of success if i proceed with small claims? I do live near Plymouth, so will attend court hearing if need.
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