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.

Thank you for reviewing Bankfodder. When do you advise that I send the letter of claim? today or from 7 days from the complaint email I sent? (that should make it Tuesday 4th April) I do not have the dimensions of the parcel that I sent (macbook and case). I do have the a picture of the box as it was scanned by the cashier with the Evri scanner and so the timestamp of my photo matches their tracking information. I also have photos of the laptop parcel provided by Budgens CCTV behind their till. The parcel weighed 3.3 kg but the label showed between 3-5 kgs. When the rivet gun was sent to me by the buyer the postage label showed this as weighing 0-2 kgs. Now that I have the rivet gun parcel, I can obtain the dimensions of this. You can clearly see from the photos it is a completely different parcel. My parcel was wide and thick in a "gourmet" cat food cardboard box. The rivet gun was a long and thin plain cardbox with the tampered postage label. What really helps is that the delivery photo on Evri's website shows the rivet gun parcel being handed to the buyers hands! I will take a look at MCOL and particulars of claim and get on with it. I will have to do some research on this. I don't suppose that you have any links that could point me in the right direction? Not a dealbreaker if you do not as I can always navigate the forum. Thank you.

Hello everyone, Just to update you on where I'm at currently. I sent the complaint email to Evri yesterday evening. They responded today with what looks like the usual nonsense response they have given to other users on this forum. Thank you for getting in touch with your enquiry regarding parcel H0067A0135578550. I’m sorry to hear that you have experienced a problem with this delivery and I can appreciate how frustrating this situation must be for you and your recipient. I can see that you purchased the shipping label for this parcel via Packlink. While your parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you. I have added a useful link below to assist you: Packlink Help Centre: https://support.packlink.com/hc/en-gb When we deliver for a retailer we have agreements in place to help customers as quickly as possible in these circumstances. Speaking directly with them will help you resolve this and they can make any further arrangements necessary, which may include a replacement or a refund. This is because we don't hold any transactions details or any financial details for you, we only receive the instructions on the delivery from the retailer, which means i am unable to fix this for you from my side. im so sorry for any inconvenience this may have caused you. Please be assured that we take these matters very seriously and I apologise for your recent poor experience and the inconvenience this has caused. If you need any further help or experience any further problems with your courier, please don’t hesitate to get in touch.

Hello Bankfodder. Thank you for your advice. I can confirm that I did not purchase the insurance. The postage label was printed on ebay who use Packlink. Do you require a draft of the letter of complaint before I send? Also, do you mean a physical letter with proof of postage or email? Is there a particular person and address that this letter or email should be addressed too? Apologies for so many questions - I want to ensure I get this right. I imagine that once I delve deeper in to the forum these questions will likely be answered. I will immerse myself with the discussions and content on this forum. It may take a week as I will have to wrap my research around my parent duties.

Hello Dx, Many thanks for your prompt response. Understood regarding sold cost + postage. I wish I could put in a claim for the time I have put in to researching and chasing Evri/Ebay as it has taken up many hours of my free time but I would just be pleased in retrieving sold cost + postage from Evri as I am still paying £89 per month from when I purchased the laptop with still over £1300 left. I will go and so some homework on this forum so that I can become more confident in taking on Evri. I will post a draft letter of claim and will appreciate any support/advice that you can provide. When I sold the laptop and case, the buyer paid ebay and they placed the funds in a holding account for about 2 days and so when the buyer received the item and marked the item as not received with ebay, ebay held on to the funds and would not release the funds to me until the dispute is resolved. When ebay sided with the buyer as buyers are protected under the money back guarantee, the funds were refunded back to the buyer and so I am without the laptop and without the funds for the laptop. Thank you.

Hello everyone, I am new to forums and so please forgive me if I am not posting in the right section but I am after some advice please on a current ongoing situation that I have with Evri. On Monday 20th February at 20.46 I had posted a Macbook Pro 14" Laptop and Laptop Case to a buyer who had purchased the laptop and case for £1400 via ebay. I took a photo of the parcel (packaged in a large "gourmet" cat food box) that I sent to my Local Budgens via the Evri counter as it was scanned by the cashiers EVRI PDA. On Wednesday 22nd February at 10:21 the buyer submitted a money back request via ebay. I was surprised at this and so I logged in to my ebay account to find that the buyer had received a rivet gun!!! I started to panic as I believe I had been scammed by the buyer or the courier when I looked at Evri's delivery photo of the parcel that they take with their PDA, It was a completely different parcel delivered. This parcel was a long and thin cardboard box! Nothing like the parcel that I had sent. The buyer had sent ebay photos of the rivet gun that he had received. Upon closer inspection of the photos provided by the buyer, I could see that although it was my shipping label on the rivet gun parcel, you can clearly see that the shipping label had been lifted in the bottom right hand corner and applied to the rivet gun parcel. Obvious signs of tampering. I reported this to the police as a theft the same day and I was given a reference number whilst a crime reference number is generated. Ebay sided with the buyer - did not ask for the mountains of evidence that I had acquired to prove that I did not send the rivet gun parcel even though, I had mentioned them to contact me directly for my supporting information. Upon speaking to ebay, they said that this was a natural part of their policy and that I should accept the return of the rivet gun. Naturally I protested this as I believed it was an admission of guilt however I was advised that I was contractually obliged to follow this process and once the rivet gun had been sent to me from the buyer, I could then raise a dispute as "item not received". I was advised to trust the process and that Ebay would pay me from their own pocket if this gets to the appeals stages. Ebay ruled in the buyers favour under their money back guarantee. I had to raise an appeal. The Ebay appeals team on at least 3 occasions over the phone had said to me that I had won the appeal and that I would be paid the money out of Ebay's own pocket. It seemed that because I had raised this issue as a theft with the Police, this gave Ebay grounds to pay me for the sold value of the laptop (£1400 + 7 postage). I had informed Evri of the issue on 22nd and got the usual chatbot/ bog standard responses. I wanted to pursue all avenues to either obtain a payout from Ebay or compensation from Evri. I contacted my local Budgens for CCTV footage and photos of me dropping off the macbook parcel. Budgens confirmed over email that I had indeed sent the parcel that I had described and that the courier collected the parcel from their premises Midday on Tuesday 21st February as per their CCTV footage. Due to GDPR, they would not provide me with CCTV footage as their was a cashier in the video. They did provide me with video footage that I was in the queue with the Macbook parcel. But this file was corrupted. Budgens did provide evidence of my parcel being stored safely behind their till and could confirm the theft did not take place on their premises. It seems that the theft took place after Evri collected the parcel from Budgens to delivering the parcel to the buyer. I chased Evri again on the 10th March this time providing evidence and timestamps of the parcel that I sent along with the reference number provided by the Police. On Sunday 19th March, I received an email from ebay stating that I lost the appeal! I was surprised as I had been informed verbally when I spoke to Ebay that I had won the appeal. Few phonecalls later over the next few days, I received confirmation over the phone with Ebay that they would not offer me a payout as it is the fault of the courier and they should be pursued for compensation. During this period, still receiving bog standard responses from Evri until Thursday 23rd March Evri responded and confirmed that the parcel is “lost” and therefore I should make a claim via Packlink for compensation. I essentially responded to say that I am within my rights to pursue and Evri and not Packlink for my compensation. I received a response from Evri on 24th stating that the claim must go through Packlink who will then contact Evri for the compensation. Feel that I am being fobbed off with nonsense. Now that the avenue of receiving the payout with Ebay has come to a close. I am pursuing Evri for the costs of the stolen laptop. When purchased the laptop costed £2155.00 and the laptop case £29.99. I would like to pursue them for the full amount and for time lost with my family for having to spend my evenings/weekends pursuing this and also for the tremendous amount of stress and anxiety this has caused me. I even had to beg the buyer on ebay to retract his negative feedback as his feedback resulted in a number of bid retractions on other items that I had for sale on ebay. I have had to change all my listings on ebay to “collection only” as I am now frightened to post anything via courier because of this experience. The police emailed me on Thursday 2nd March stating that if Evri classes this as a theft, then they can investigate further but I should pursue Evri for compensation. I apologise if this is too long and boring to read but I wanted to give you the full picture of what is going on. If you need to see the photos/evidence of what I have I would be pleased to post them on here. My questions at this point are: 1. Can I pursue Evri via legal channels for the full cost of the laptop and laptop case? 2. What are the next steps for me to escalate this with Evri? 3. Could you point me in the right direction of where I would locate useful tools to assist in pursuing Evri? 4. May I have your assistance so that I may be bolder and more confident in pursuing evri for Compensation? 5. Do I have to submit a compensation claim via Packlink? Please let me know if need specifics such as did I take insurance out, what did I declare as the value of the item on Evri’s website etc. Thank you for your time. Mickdundee99