The "Notice of Proposed Allocation to the Small Claims Track" has just come through. I'm going to tick "yes" to mediation. There's a question about whether it's suitable for determination without a hearing. Based on my claim and the defence that Evri filed, would this be wise? If going to court I plan to tick "no" to expert evidence and only list myself as a witness.

ah, wrong document uploaded. Have deleted the attachment. Here's the correct one, with name and claim number redacted. Claimants Defence..pdf

Evri have now filed their defence. As expected it relies on my contract being with Packlink and not Evri. I can post the whole thing if needed, but the key parts are: They admit they lost it They need me to prove the value (easily done with Ebay receipts) They claim it's a Packlink problem, not an Evri one: What they haven't done is demonstrate why the Rights of Third Parties Act doesn't apply here. So it sounds like they're just trying it on? I've not actually had any notification of what's going on in the post, I just saw this when I logged into Moneyclaim online today. The current status is "DQ Sent to Evri Courier Service on 07/06/23". Do I need to wait till informed on what next steps are?

Sorry Bankfodder, I missed your edits previously. Refreshed the page and they came up. I've now managed to submit as follows (note I've removed the delivery fee amount as I remembered Packlink also refunded that): On 13/03/23 the claimant through a 1/3 party broker used the defendant's service to deliver a parcel value £400 to a UK address. ref: xxxxxx. The defendants breached the contract by losing the parcel and have refused to reimburse the claimant. £25 was reimbursed by the broker. The claimant declined to purchase the defendants enhanced insurance policy as this was effectively selling duplicate rights contrary to the consumer rights act 2015. The defendant is aware of three judgements from separate judgements and courts against them on precisely this point. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. Claim is for balance of reimbursement (£375) plus interest and court fee.

@BankFodder I did check your edits but sadly that wouldn't fit in the box. Too many lines, even after putting it in Notepad and copying from there, hence my newer version.

yeah, even with notepad it didn't like it. I've condensed it and removed line breaks so it now reads: "On 13/03/23 the claimant through a 1/3 party broker used the defendant's service to deliver a parcel value £400 to a UK address. Item Value: £400, Delivery fee: £5.86, Tracking number ref: H0067A0143893128. The defendants breached the contract by losing the parcel and have refused to reimburse the claimant. £25 was reimbursed by the broker (hence the claim is for the £375 balance plus delivery charge of £5.86). The claimant declined to purchase the defendants enhanced insurance policy as this was effectively selling duplicate rights contrary to the consumer rights act 2015. The defendant is aware of 3 judgements from separate judgements and courts against them on precisely this point. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999."

So annoyingly although that version fits the character limit, it doesn't fit the lines limit. I've tried on both Chrome and Edge browsers and it each it seems to be adding line breaks a lot earlier than the end of the actual box. Has anyone experienced that and how to get around it?

thanks @BankFodder - I hadn't considered the interest element. What date should I claim interest from?

Hi - just checking in on this. Any suggestions for brevity? Ideally I'd get this off today.

Yep, it does fit. Character limit is 1080 and this is 846 with spaces. What do you think could be removed?

Here are the particulars of claim. Is there anything else you'd add? Does the fact that Packlink rather than Evri refunded the initial £25 complicate things? Getting the item confirmed as lost had to go through Packlink, hence them doing the refund. "On 13th March 2023 the claimant contracted the defendants via Packlink to deliver a parcel to an address within the UK. Item Value: £400, Delivery fee: £5.86. Tracking number H0067A0143893128 By 30th March the defendant had failed to deliver the parcel and on that day the defendant confirmed the parcel was lost. On 22nd April the defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party. On 6th April, following an investigation with Evri, Packlink reimbursed the defendant in part to the value of £25 unilaterally. The claimant is seeking full reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999. The Claimant Claims: The balance of the full value of the item: £375 The delivery fee of £5.86 Court Claim Fee £50 The total sum being £430.86"

I've registered on the MoneyClaim site - that took be right back to the 1990s! I'll draft the particulars of claim over the next few days and share them here.

I sent signed for and see they received and signed for it on the 19th. So 4th May will be day 15. That’s why I messaged them back asking to confirm their email to me was in direct response to the letter. This is what I sent: “Dear Stephen, Thank you for your email. Before I respond in full could you please confirm that your email is in response to the letter dated 15th April that I sent by recorded delivery to Evri c/o Martijn De Lange? I ask because the email you sent today refers to a query raised through your support pages online. Whilst I did initially raise queries through the support pages I also wrote a formal letter dated 15th April. I want to be entirely clear that your email is in response to that letter before proceeding any further as I requested a response and full settlement of my claim within 14 days of receipt of that letter. Failure to satisfactorily settle that claim within those 14 days will result in me issuing proceedings against Evri in the County Court. Yours sincerely,”

It was the pre-legal one. The “sort this in 14 days or ill sue” letter. The one I posted a draft of above.

I sent the letter and received the following response by email today, which doesn't directly refer to my letter but instead mentions "You recently raised a query through our support pages". Whilst I'm 99% certain this IS in response to the letter I sent I've emailed Stephen back asking him to confirm this is the case before I respond fully just so the chain of events it perfectly clear. I'll do some more reading on the rights of 3rd parties element as that's their main objection below. Reference: XXXXXXXXXXX You recently raised a query through our online support pages. Below is a summary of your request and our response. Please be assured that we are still investigating this for you and will update you when we know more. Thank you for your patience, it is much appreciated. If you have an account, you can log in and track your incident by clicking here Response By E-mail (Stephen) (XX/04/2023 XX.XX PM) Dear XXXXXXX In reference to parcel XXXXXXXXX My name is Stephen and I am contacting you from the Evri executive office on behalf of Martijn De Lange, who has requested that I investigate this matter further. I am truly sorry to see that your parcel has not reached it's destination and that you are having such difficulty with your claim. I'm afraid that we are only able to process any claim for compensation when the original delivery order is placed directly with ourselves. As the original order was placed via Packlink, all claims can only be processed by their team. Please accept my sincere apologies for the inconvenience this may cause and don't hesitate to contact me if you would like to discuss this further. Yours Sincerely Steve Stephen Ryan Evri Executive Office