Evening all, Just wanted to provide a mini update to everyone following this thread. The court has reached out to me via letter and has informed me that the court hearing will take place locally to me in High Wycombe and I will be contacted once again when once a date and time has been allocated. Currently, I am just waiting to hear from the court. I will keep you all posted. Thanks

Good evening everyone, I have received Evri's defence in the mail today. I have attached a digital copy of it to this post from MCOL. I have redacted certain bits such as claim number and claimant/defendant names. Please can you review when you get the chance to and let me know your thoughts thank you. I have also received a DQ (Directions Questionnaire) today with the deadline to submit to the court by the 5th June. Evri Defence Form - Redacted.pdf

I had returned from a Center Parcs trip with the family on the weekend to find a letter from HM Courts and Tribunal Service. Evri have filed an acknowledgement of service whereby they now have 28 days to file a defence against all of the claim. The date on the letter shows the acknowledgment was lodged on 4/5/23 although MCOL shows it as the 5th. I suppose it is a case of waiting for Evri to submit a defence to the court and then filling out a directions questionnaire? If I have misunderstood, please let me know. Thank you.

Yes. Will do

Good evening all, hope you had a pleasant Easter? I spent my Easter and most of last week with Norovirus and so for those of you who have not had it before (comes out of both ends), I would not wish upon my worst enemy. Well, perhaps Evri Just to recap, It has been 7 days since I sent the letter of claim to Evri (Sent on Tues 4th) . Have not received a response of any kind yet but I imagine that I will not. I will be submitting my particulars on Wednesday 19th April. Please would you be so kind as to review the current draft of particulars so that I may save it on MCOL and submit it come day 15? Thank you in advance.

Good evening all, Just to keep you in the loop, I have posted a letter of claim to Evri today via royal mail with proof of postage. After the 14 days have elapsed, I will send out a county court claim to Evri on day 15.

Breach of contract. Conversion – defendants reference ....... Claimant used defendants service to deliver a computer to a UK address. While in the defendant's care, the computer appears to have been stolen as the parcel was substituted and a different item was delivered using the claimant's original parcel label. The claimant is relying on his third-party statutory rights. The defendant is fully aware. The claimant seeks full reimbursement of stolen computer £1400 plus delivery costs £10.81. Plus interest pursuant to Section 69 – County Courts Act 1984. Plus damages for conversion up to £250 in the court's discretion.

Apologies. It should say £10.81. (£7.46 for Evri postage + 3.35 I had to pay for the buyer to post a rivet gun to me via royal mail) Understood regarding raising the subject of unpaid leave to the judge. Thank you for clarifying. I have swapped the order of interest and conversion damages in the particulars text box. Would you like to see the current draft?

Thank you both for your support. Bankfodder, I have filled in the blanks with your provided suggestion below. Breach of contract. Conversion – defendants reference H0067A0135578550 Claimant used defendants service to deliver a computer to a UK address. While in the defendant's care, the computer appears to have been stolen as the parcel was substituted and a different item was delivered using the claimant's original parcel label. The claimant is relying on his third-party statutory rights. The defendant is fully aware. The claimant seeks full reimbursement of stolen computer £1400 plus delivery costs £1081. Plus damages for conversion up to £250 in the court's discretion plus interest pursuant to Section 69 – County Courts Act 1984. I added the last line in with regards to interest/section 69. It all appears to fit within MCOL particulars text box. Just wanted to enquire, when I attend court, I will have to take unpaid leave as all my annual leave is booked for the year. Would I be able to add my day rate lost to the claim or is this not considered normally? FYI. I am posting the letter of claim out tomorrow afternoon during my lunch break via royal mail with proof of postage.

No problem. Catch up tomorrow

Good morning Bankfodder, MCOL particulars of claim is limited to 1080 characters/16 lines. I have had to condense our previous particular of claim in order for it to fit the text characters constraints. I've tried to keep it brief but also effective. Please can you review when convenient and let me know if it is sufficient to submit when the time comes? I was unable to fit the part about Packlink being based in spain and the part about "Section 69 – County Courts Act 1984 plus damage for conversion not exceeding £250 in the discretion of the court." Thank you Claimants parcel appears to be subject of theft. Replaced by different parcel containing rivet gun with original parcel label applied to rivet gun. Defendant refused to reimburse claimant. Defendant breached Consumer Rights Act 2015. Failed to carry out their contractual obligations with reasonable skill and care. Claimant relying upon their rights under the Contracts (Rights Of Third Parties) Act 1999 for reimbursement. Apparent theft of claimants property was committed, on balance of probability, by defendant employee. Amounts to tort of conversion contrary to the Interference with Goods Act 1977. Claimant seeks full value, interest, damages for conversion up to £250

Understood. I will do so. On the MCOL particulars of claim tab, I have the following option: "You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here" Do you advise that I tick the box?

I have not intentionally put the "theft", "steal" and "allowed" words back in. I simply forgot to take out the sections that needed to be deleted on my word document when typing your suggestions. I had been typing this on a laptop in a car in a car park during my lunch break with the sun shining on my screen and so it was difficult to see what I had added and removed at the time. I can prove the item did not get switched at Budgens as I viewed CCTV footage at the store and the store manager kindly wrote me an email confirming this. I cannot obtain the CCTV footage from Budgens where it has other persons in the footage as they are claiming GDPR but would happily share with the Police. The Police is not going to investigate further until Evri can confirm that a theft has taken place and encouraged me to seek compensation or claim on insurance. The parcel had been switched when Evri collected from Budgens on Tuesday 21st (12ish if I recall without referring to my notes) and delivered to the buyer Wednesday 22nd. The balance of probabilities would suggest that it was a theft took place by an employee of Evri. Can I prove beyond that? Only that the parcel had been switched when it reached the buyer which I have as a photograph and also a photograph of the postage label being tampered with. Can I prove that Evri "allowed" its employees to steal? I cannot. However, It appears to be commonplace that thefts take place with Evri on a regular basis. I appreciate the Court is not going to care much for this unless I can prove it. I plan to post the letter of claim with proof of postage to Evri on Tuesday 4th April (if you advise sending this out sooner then I will do so) I was then going to file the particulars of claim on Wednesday 22nd April. Hope I have counted my days correctly. Need clarification on your previous post. "they should consider this as an addition to your letter of claim dated XXX" Did you make mention of this as you are under the impression the letter of claim has already been sent or am I informing them the letter of claim is making its way on Tuesday 4th April?

Bankfodder, I cannot thank you enough for adding your suggestions to my particulars of claim. I have added the tort of conversion amount to my particulars. I have no interest in accepting mediation at Directions Questionnaires, as I have read of the appalling behaviour and tactics Evri have used upon claimants and even not showing up at all for mediation. Appreciate that there is a risk that the court could make me pay for certain costs as a result of refusing mediation. However, I will point out to the court at trial or earlier if I have the opportunity to do so (will require advice if I can mention this earlier) that I believe it would be a waste of the courts time and resources to agree to mediation with an organisation that has a track record of not attending mediation. Please see my draft for the particulars of claim which now include your suggestions Bankfodder. Thank you. Particulars Of Claim Item Declared: Apple Macbook Pro 14” laptop and Spiggen laptop case For Macbook Pro laptop. Sold value of laptop and laptop case £1400 Evri delivery fee £7.46 Royal mail fee for buyer to send rivet gun to me £3.35 Damages for conversion of claimants property – not exceeding £250 in the discretion of the court Total claim £1660.81 The claimant used the defendants courier service to deliver an item to the value of £1400 to a UK address. Evri parcel reference number: H0067A0135578550. The Defendant breached the contract by allowing their employees to steal the parcel that was sent by the claimant and switch the parcel for a low value rivet gun. The claimants parcel appears to be a subject of a theft as it was replaced by a different parcel containing a rivet gun and the original parcel label had been removed from the claimants parcel and affixed to the parcel containing a rivet gun. The defendant has refused to reimburse the claimant directly for the full amount. The defendant is clearly in breach of the Consumer Rights Act 2015 in that they have failed to carry out their contractual obligations with reasonable skill and care. The claimant is relying upon their rights of third parties under the Contracts (Rights Of Third Parties) Act 1999 to pursue defendant for the full amount to reimbursed as the defendant has advised to pursue organisation Packlink. An organisation that is based in Spain outside of UK Jurisdiction. The claimant is pursuing the defendant for the full amount of costs under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property – Apple Macbook Pro laptop and Spiggen Macbook Pro laptop case. Furthermore, the apparent theft of the claimant's property was committed, on the balance of probability, by a person working for the defendant. This amounts to the tort of conversion contrary to the Interference with Goods Act 1977. The claimant seeks the sold value of the stolen item £1400 + postage costs £7.46 + postage costs £3.35 plus interest pursuant to Section 69 – County Courts Act 1984 plus damage for conversion not exceeding £250 in the discretion of the court.

Good evening all, I have drafted a particulars of claim. Please peruse when convenient and let me know your thoughts. Thank you. Particulars Of Claim Item Declared: Apple Macbook Pro 14” laptop and Spiggen laptop case For Macbook Pro laptop. Sold value of laptop and laptop case £1400 Evri delivery fee £7.46 Royal mail fee for buyer to send rivet gun to me £3.35 Damages for conversion of claimant's property – not exceeding £250 in the discretion of the court Total claim £1410.81 (recalculate this if you want to add the conversion damages) The claimant used the defendants courier service to deliver an item to the value of £1400 to a UK address. Evri parcel reference number: H0067A0135578550. The Defendant breached the contract by allowing their employees to steal the parcel that was sent by the claimant and switch the parcel for a low value rivet gun. The claimants parcel appears to have been the subject of a theft as it was replaced by a different parcel containing a rivet gun and the original parcel label had been removed from the claimant's parcel and affixed to the parcel containing the rivet gun. So far The defendant has refused to reimburse the claimant directly for the full amount. The defendant is clearly in breach of the Consumer Rights Act 2015 in that they have failed to carry out their contractual obligations with reasonable skill and care The claimant is relying upon their rights of third parties under the Contracts (Rights Of Third Parties) Act 1999 to pursue defendant for the full amount to reimbursed as the defendant has advised to pursue organisation Packlink. An organisation that is based in Spain outside of UK Jurisdiction. The claimant is pursuing the defendant for the full amount of costs under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property – Apple Macbook Pro laptop and Spiggen Macbook Pro laptop case. Furthermore, the apparent theft of the claimant's property was committed, on the balance of probability, by a person working for the defendant. This amounts to the tort of conversion contrary to the Interference with Goods Act 1977 The claimant seeks the sold value of the stolen item £1400 + postage costs £7.46 + postage costs £3.35 plus interest pursuant to Section 69 – County Courts Act 1984 plus damages for conversion not exceeding £250 in the discretion of the court.