Thanks, I have now sent the court an email with the form - I will keep you updated on how it progresses.

Thanks, I have sent you the updated one by email - let me know if I need to change anything else on the form.

I have just seen your email. I will fill out the form as soon as and let you know when Ive filled it out.

Thanks, also I will wait for EVRi to pay rather than involve the bailiffs. 

Yes, I saw that. I thought it wasnt too relevant. It does sound pretty good that I didnt even have to attend to win the case.

So, I did contact the local HCEOA in my area for clarification around the fees that I would carry if they do not succeed. Some of them said only court fees are refundable and the others have yet to respond. Some of them have multiple services tiers (no idea what the actual difference is of yet), for eg a quote sent by email:

1. A payment of £161 for Bronze standard service which includes the court fee we pay on your behalf, £359 for Silver service which includes the court fee we pay on your behalf, or Gold Service at £659 which includes the court fee we pay on your behalf .

At the same time EVRI did send me an email, this morning, to confirm that they have recieved the judgement letter today and wanted my bank details. 

Would it be best to give EVRI my bank details or continue with the HCEOA?

I have now received the judgement letter stating for EVRI to pay what is due.

The Court clerks said that they will provde a transcript soon - they said the request for the transcript was why they held my judgement lette as they believed there was an appeal made. I did talk to them and explained in my email why I was requesting a transcript - which they said will be ready in 7 working days. 

What is the next steps for this process?

I have attacheed the judgement letter.

Judgement Letter - Copy.pdf

No response as of yet on either request. Unfortunately they don't seem to have anyone manning the phones. I've been on hold for a few hours before the call drops. 

I am taking a day off work next week to go down there in person. I will keep you updated. Thanks 

Thanks I have sent this am awaiting the response

Hello, so it's been 21 days now.

And EVRi has yet to pay.

I have been in contact with the court and they have yet to send me the order documents. I have sent an email about it but yet to hear back. The court tribunal service on the phone told me the court have not drafted the order letter as of yet ? 

This is all very confusing for me. But would I need to receive the order documents before proceeding with the sheriffs ? 

hahaha fair enough . I understand now

Thanks for confirming the email.

So, I am going off my memory and a few notes I had written down.

The judge mainly asked questions around:

1. What legal argument I was referring to (Third Party Rights Act 1999), and if I had made this clear to EVRi prior to the claim?
2. She looked into the value of the claim of every item of cost incurred to myself, and I think I justified that the costs were incurred due to their negligence.
   1. This included showing when the shipping was ordered and its cost, as well as the potential sales I would have received if the parcels were not lost.
   2. The tracking of the items.
   3. The return cost incurred to myself.
   4. Postage cost for sending a Letter Before Claim (LBC) - after they refused responsibility.
3. She asked how I ordered the shipping - did I choose EVRi from a list of vendors?
   1. I showed a screenshot of the P2G ordering process where EVRi competes for a low cost and quick delivery times.
4. How did mediation go between me and EVRi? We discussed:
   1. Email correspondence.
   2. Initial compensation offered.
   3. EVRi not turning up to the mediation service.
5. We briefly discussed the insurance - why did I take the insurance on one parcel and not the other.
   1. I responded with the fact that the international parcel had insurance, but I believed the other parcel, which was to be sent from London to London, didn't need insurance.
   2. I also highlighted previous judgments made about the unfairness of insurance liability.
6. We then went through EVRI's evidence bundle - specifically the T&C's of Parcel2Go.
   1. I stated that the terms did not specifically limit liability to the Contract 1999 Act.
7. The only other thing we discussed was the Letter before Claim I sent to P2G. She asked why I sent a LBC to P2G.
   1. I explained that during this time I was frustrated and unsure how to take legal proceedings.
   2. Additionally, I believed sending the letter before claim to P2G would help them confirm the whereabouts of my parcel, as they were adamant it would get back to me (after being in transit for 4-5 months).
   3. I justified that I only took legal proceedings against EVRi in the end because they were my chosen carrier in both cases. I also explained that it took issuing a claim against EVRi to confirm that the parcel was lost and then P2G gave me my insurance claim.

The summary of the judgment points were:

1. EVRI initially did not believe that I had a direct contract with them, and thus, I had wrongly claimed against the wrong party.
2. The judge agreed that the Third Party Act is enforceable, and therefore, it is EVRI's responsibility to pay the claim.
   1. EVRi can claim against Parcel2Go for any cost incurred, but as I am the consumer, they cannot limit liability to myself.
3. They did not deliver a service with responsibility and care under the Consumer Rights Act 2015.
4. The judge may have also brought up the Unfair Contract Terms Act (I forgot the specific act name), but I don't remember if this was specific to the Consumer Rights Act or not.
5. The full claim amount was rewarded (minus any monies I ahd already recieved), and she allowed me to claim 8% interest on the damages, only from the date the claim was issued.

56 minutes ago, BankFodder said:

if you are referring to contacting EVRi next week – I would suggest that you leave it until you get a copy of the court judgement. The court has given them 21 days to pay. I would allow this time to elapse. Our previous experiences that they are pretty good at paying quickly but if by chance they don't pay then I would suggest that you put High Court enforcement officers in for a very quick and dramatic enforcement.

We will help you do this. It will cost you about £60 but you will get the money back.

I was talking about contacting the Court as its been 7 working days and I have yet to recieve any letter about the hearing/judgement. Also thanks for that information I did not know about the High Court enforcement officers - lets hope it does not come to this.

Hi,

EVRi did not turn up to court.

I am still awaiting letter from the court regarding this. I am going to get in contact with them next week.

I will email you with further information.

Thanks

Hello,  Sorry for the late update. I went to court and judge ruled in my favour and I have claimed against EVRi successfully for the full amount (minus any compensation already paid to me). Thank you guys for your help.

The Judge has given them 21 days to make payment. As soon as I recieve payment I will be sure to donate to this forum for all your help. 

Thank you again.

Thanks @BankFodder, when i send the letter - would it be appropriate to send to the court and cc in EVri and the mediation team? So the letter will be attached to this email body:

Quote

I write this in relation to the Defendant's letter to request hearing on paper. 

 

I have attached a letter to this email regarding claims made by the Defendant about mediation.

 

The Small Claims Mediation Team have been copied into this email.

The Defendant has been copied in by way of service.

Thanks should the letter look something like this? Also should i state something at the end of it like -

"as the claimant I believe i have brought proceeding against the correct party responsible"

Claimant's Reponse to Defendant's LTR to CRT REDACTED.pdf

Thank you both for your reply. 

I'll prepare the letter this evening.

Should I also include that only one parcel was from parcel2go. And the other I bought through Amazon seller central. Which is contradictory to their witness statement that cites both parcels were purchased through Parcel2go. 

Thanks 

Yes, so going off my memory.

I took the first call the mediator confirmed my identity and explained that he will attempt to get in touch with the defendant. And then contact me back to begin mediation.

The second call came after 15 mins. The mediator confirmed that he attempted to get in contact with defendant 3 times and was unable to.  Then said I should now await correspondence by email/letter about further details about my case. 

Few weeks later my case was transferred to court. 

Sorry for the confusion I thought there was some letter that stated they didn't turn up but I was mistaken.

Yes I took the calls - the length of both the calls took 2 minutes altogether. But I don't have any caller ID or transcript to go along with those calls. Apologies for any confusion again. 

I have sent an email to the mediation team who dealt with my case. 

As I cannot see any document from the court that specifically state this. As well my call history only has 2 calls from a private number on the date and time of my mediation appointment and they both lasted 2 mins. 

Hello,

EVRi has replied with their court bundle - however, Ive only just got some time to read it and ive noticed a few things. 

They said that I contracted both parcels through Parcel2Go but it was only one of the parcels. And they are highlighting the fact that I did ( send a Letter before Claim to Parcel2Go but I do remmebe doing this after I sent a letter to EVRI. The only reason i did this was becasue I wasnt getting any response from Parcel2Go and out of frustration I did so. Does this affect my argument case - since the parcel from Parcel2Go is technically not in dispute I should hope not.

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

LTR to Crt- Requesting hearing on Paper - REDACTED.pdf EVRi Signed Bundle REDACTED.pdf

Thank you for clearing that up, I will keep it in mind but try to focus on the main argument at hand.

I will send the documents to the court and defendant next week and keep you updated on anything else.

Take care

Yes both parcels were declared correctly.

Its just I re read my letter before claim and I stated "As on two separate occasions my goods were never delivered and never returned to myself. Thus, the fact that the items were laptops has no bearing on the fact that it has been lost or stolen and therefore the prohibited items list is unfair and therefore unenforceable."

Just wanted to know if this would hold up as an argument. Sorry just trying to make sure I am covering all bases if I need to refer to anything else I said. 

Thanks, I will make sure that the read receipt is available before sending them the documents.

Also just for my sake, if evri should argue that the item were laptops and are on the prohibited item list would this affect my claim or arguments in court?

Also, I asked judy.cobbett@evri.com f I could sedn these document by email? She has said thats okay but would you recommend I send the documents by post instead?

Thank you - just want to finalise the draft for my witness statement. Do you think Ive covered enough ?Witness Statement draft 3.pdf

Witness Statement draft 3.pdf

I see, thanks for the clarification. Is this what the court bundle will look like and I think I should include my witness tataments on the front?

RedactedCourtBundle-compressed.pdf