Evri/EVRi - rejected claim and requested mediation

[SuzyM]

Hi - we followed your advice around lodging a claim for a lost parcel with EVRi/Evri.  Pre-action notice given, paperwork submitted to court.  We have now had a response from Evri rejecting the claim and suggesting mediation.  Can you provide advice about the next steps please?  I'm presuming that we agree to the mediation, but do you have advice about what to expect? Thanks

280MC323-claim-response (1).pdf

[BankFodder]

First advice is to read lots of the EVRi stories on this sub- forum. They will have most of the answers there and of course we will help you but it is best for you to inform yourself so that you understand completely and it will give you more confidence.

I see that you have posted up their defence but please will you post up your claim form in PDF format.

Also, please can you tell us what it was you sent
was it properly declared
was the value correctly declared
did you use some price comparison site or did you contract directly with EVRi
EVRi have rejected your claim initially even before you started your court claim – on what grounds did they reject the claim

[SuzyM]

Hi - hopefully the claim form is attached.

The item was a sat nav  sold on ebay, so have the details of the price/value. 

Yes, the item was declared and valued correctly

Contracted direct with Evri

They are rejecting the claim based on the insurance option not being taken and only agreeing to compensate £20 (plus the original postage).  They have already refunded this amount, although they refunded by paypal who deducted fees.  

280MC323-claim-form-claimant-copy (1).pdf

[BankFodder]

Thank you.

You've asked what to expect if you opt for mediation.

If you read the stories on the sub- forum you will find several excellent summaries of peoples mediation experience and that will give you a firm idea as to what to expect.

You should certainly opt for mediation but once again, read the stories here and you will see that our very firm advice is to stand your ground and don't give up a single penny.

The money is yours – EVRi have lost it because they didn't use reasonable skill and care – and they should reimburse you. Every penny

[SuzyM]

Thanks - I have completed the claim details and agreed to mediation.  I will update you when this has happened.  Thanks very much for your help

[BankFodder]

let us know the date when you get it.

 

Feel free to ask questions when it gets closer

[SuzyM]

Mediation appointment is 10th May at 11am

[BankFodder]

Thanks for this.

As usual – and you will see this from the other stories on this sub- forum, we recommend that you stand your ground. The insurance requirement is completely unfair and unenforceable – they are trying to exclude the operation of the consumer rights act in respect of their own obligations to use reasonable skill and care and also in relation to theft by their own employees.

Section 72 of the act specifically prohibits the use of ancillary – secondary – contracts as a means of avoiding statutory obligations.

The insurance requirement is exactly that – it is a secondary contract which basically says that unless you take out insurance, we will not protect you in the event that we lose the item or in the event that is stolen.

Dig your heels in and don't accept a penny less then you have claimed.

If you come under pressure from the mediator then make it clear that as far as you're concerned, your compromise is not to go to judgement and to get a judgement against EVRi which will affect all their future issues with other uninsured customers.
It will be a nice quiet little settlement between you and them and there won't be any official judgement.

[SuzyM]

Thank you so much for your help.  I will keep you updated.  I've been reading your other thread on mediation and the report from the guy who stood his ground back in October 2020.  All very helpful.  

[SuzyM]

Update - mediation was this morning.  It's been settled for the cost of the item (£370) plus the cost of court (£50) - £420 in total.  I haven't got many details really of how the conversation went as I wasn't with my husband whilst he was on the call - but he said the mediator seemed very fair, went backwards and forwards a couple of times.  Offered £303 initially, then the cost of the item, then my husband said he was prepared to go to court and take his chances so they settled on the item plus costs (not with interest).  They have until the 26th May to make payment - husband is emailing the mediator with his bank details.  Thanks for all the help from this site - couldn't have done it without you.

[BankFodder]

Thank you – and well done.

Is that exactly what the figure that you claimed or was there any kind of compromise?