John Lewis returns lost by EVRi - court claim issued against John Lewis

[dx100uk]

day 15

 

dx

[pepsi_max]

Hi, thanks. Let me rephrase. I'm asking if the day the letter is signed for is included in the 14 days. So if they signed on the 2nd, which day can I submit the claim, 16th or 17th?

[dx100uk]

postage is nothing to do with it.

 

go LOOK at other peoples letter of claim in any other evri WON thread.

 

If I do not receive a satisfactory response from you within 14 days from the date of this letter, I will issue legal proceedings against you in the county court without any further notice.

 

 

[pepsi_max]

Money claim was issued today. Thanks for all the help so far

[robert_harper_2000]

any updates?

 

[pepsi_max]

Hey yeah actually heard back today. They have been given an extra 14 days to respond so deadline is now 24th October. I wonder if that means they intend to defend the claim...I also wonder how they would even plan to defend the claim because as far as I can tell, they do legally owe the money

[dx100uk]

not sure what you are going on about here.

 

if the claim was issued 16th sept.

they have 19 days to AOS 

they have 

so that gives them the full 33 days to file a defence = 18th oct

 

as advised earlier you need to read up on evri claimform threads...

you will see their defences filed previously

 

dx

[pepsi_max]

Hi @dx100uk. I was just responding to the person who asked for an update, wasn't asking for anything specific.

 

In case anyone is wondering the exact dates, I got it wrong when I said it was issued on 16th September. The actual dates were:

- submitted 16th September

- issued 20th September 

- deemed to be served on 25th September

- their deadline to respond was 10th October

- they were given 14 extra days so they have until 24th October to respond

 

I have had a look at other threads btw, but just to reiterate, this claim was raised against John Lewis, not evri. Just waiting to see what they come back with.

 

P.s. sorry if my comment caused any confusion. These dates are directly from the correspondence I've received 

[dx100uk]

date of issuance (top right of claimform)

+19 for aos

if that is done +14 days to file defence

 

total of 33 days to file defence (date of claimform is one in the count)

 

title updated 

dx

[pepsi_max]

Update: received Defendant's Notice of Acting from some solicitors on behalf of John Lewis today

 

I saw some stuff online about how the losing party has to pay for travel expenses, loss of earnings etc... Does anyone know how likely that is to happen to me?

Edited October 4, 2022 by pepsi_max

[AndyOrch]

Do you think you will lose your claim ?

[pepsi_max]

Hard to say because I don't know what their defence is yet. I have a copy of the tracking details showing I dropped the item off at the Parcelshop and it was collected by EVRi (no parcel weight recorded though) and I have an email from EVRi saying they've lost the parcel. Would a judge find that enough evidence for me to win?

[AndyOrch]

They normally settle at mediation so I don't see why your claim should be any different

[FruitSalad1010]

To be clear, this claim was issued against John Lewis, not Evri.

[AndyOrch]

On 03/08/2022 at 16:16, BankFodder said:

I think that you could proceed against either EVRi or against John Lewis and it's up to you which you prefer to do .

 

 

Do you know if the insured by John Lewis in the arrangement with EVRi?

 

 

[pepsi_max]

@Andyorch hey I'm sorry I don't understand your last comment which is quoting BankFodder's comment

 

[dx100uk]

i would guess BF is asking if you knew that john lewis had insured the parcel against loss, by themselves or through Evri's policy they offer or no insurance at all?

 

[pepsi_max]

Evri asked John Lewis to raise a claim for the parcel with them so maybe they are insured but honestly I'm not sure

 

@dx100uk hope you don't mind me asking,

 

in your experience, why would a company ever pay a solicitor when the solicitor fees will be more than the claim amount even if they won?

 

I'm trying to understand what they stand to gain from having proper representation

[dx100uk]

On 03/08/2022 at 10:35, pepsi_max said:

I contacted EVRi (which in itself was a miracle) and they told me by email that they would deem the parcel in Problem 2 unaccounted for and asked me to forward their email to JL, in which they instructed JL to refund me or replace the item.

 

 

32 minutes ago, pepsi_max said:

Evri asked John Lewis to raise a claim for the parcel with them so maybe they are insured but honestly I'm not sure

 

but was the parcel insured?

 

dx

 

[pepsi_max]

I don't know if it was insured as I didn't purchase the label, sorry

[Manxman in exile]

@pepsi_max  -  I've only come to this thread today (this morning!) but I think you said that you were returning the goods during the "cooling off" period.  (Apologies if I'm mistaken - if I am, ignore what follows... )

 

 

Do you mean that you were cancelling your order by exercising your rights under Part 3, s29 and s32 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) ?

 

If you were, you may want to add to your bow an argument based on s34(5)(b) of the same legislation, which appears to say that the trader is obliged to refund you within 14 days of you providing evidence of having sent the goods back. 

 

"Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)...

...(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back"

 

You may wish to note that that provision simply says that you need to provide evidence of sending the goods back.  If you can do that, it does not appear to make payment of the refund conditional on the trader actually receiving the goods back.  But whether that is what Parliament intended, or whether a court would agree with it - who's to say?  But I see no harm in including it as an argument.  

 

[pepsi_max]

@Manxman in exile

 

hey, sorry for the late response!

 

The product we've ended up raising the claim for was just after the cooling off period I believe but I'll check.

Thank you for this information.

Still waiting to hear their defence so will come back when they to do get some more advice. 

[dx100uk]

they must file it by 4pm today the 18th.

 

dx

[pepsi_max]

Claim was issued on 20th Sept so they have until 4pm on the 24th:

 

Quote

John Lewis plc has been given an extra 14 days to respond to your claim.

They need to respond to your claim before 4pm on 24 October 2022.

 

[dx100uk]

no 21st, courts are closed at w/ends.

 

dx