Lost eBay Laptop for £430, Packlink/Evri - EVRI PAPLOC/Claimform Issued ***Settled***

[radupana]

Hi everyone,

 

No change since the last update. Evri did not provide the necessary details for mediation, so the case has been transferred:

 

Your claim was transferred to MAYORS & CITY OF LONDON COURT on 13/02/2023.

 

I've received nothing else via e-mail or post, so am waiting.

[BankFodder]

I suggest that you telephoned the court once a week to check that there isn't a dataset and that you haven't been informed.

The courts are very nice – the staff are very friendly – but they are hopefully inefficient and make all sorts of mistakes.

[radupana]

Hi again,

 

Thank you for the advice. I just received a letter dated Apr 4, which said that the case has been transferred to the County Court at Clerkenwell & Shoreditch. So there has been some movement. 

 

I will start calling the Court if there is no progress within a decent time frame.

[BankFodder]

Thank you. Keep us updated with any dates et cetera

[radupana]

Hi,

The claim has been allocated to the small claims track and the hearing will be on August 21. I have attached the Notice I received.

I remember already paying the court fee. Is this reminder something that is added by default to the Notice, even if it has already been paid, or is it a separate fee that I need to pay?

The Judge also mentioned Mediation, but I have already tried going down that route and Evri did not respond, hence the initiative was dropped. Should I try for mediation again, or just wait until the Hearing?

Anything specific I should be reading between now and the hearing? And any tips/advice?

Thanks.

 

Small claims allocation.pdf

[Andyorch]

Separate its the hearing fee you have paid the issuance fee.

 

Make sure you comply with the courts directions by the dates given. (hearing fee/Statement/disclosures)

[radupana]

Evri has reached out to propose an out of court settlement totalling £409. I responded saying that this does not cover the claim + fees I already paid.

Am now waiting to see if they bump their offer.

[BankFodder]

Did you claim interest in your original claim?

[radupana]

I did not claim interest.

[BankFodder]

That's a shame – because 8 percent per annum is pretty good at the moment even with the interest rates going up.

Anyway you are absolutely right to stand your ground and insist on every last penny. They are desperate to avoid a judgement against them. Don't give in to anything and don't agree to any confidentiality agreements.
If they want to confidentiality then it should cost them extra. Confidentiality is not part of the claim and so all you want them to do settle the claim and not impose any other conditions.

Every last penny!

[radupana]

Good morning,

I am waiting for proof of payment from Evri. The court date is August 21 and I was trying to find information about what I'd need to do when settling out of court. If the funds arrive before the date, I will ring the Court up and inform them of the out of court settlement.

If the funds don't arrive by August 21, will there be any monetary penalty for me if I don't cancel the hearing, and instead go there and mention the pending settlement?

Couldn't find much info around this situation.

Thanks.

[BankFodder]

I don't think we knew that there was a settlement. Have they offered everything?

[radupana]

Yes, the full damages. I've accepted via e-mail on Aug 9, but have not heard back since then.

[Jam1313]

With mine once Evri had agreed to pay the full amount they sent the payment within two weeks of me sending my bank details (in case this helps with your timelines). 

[BankFodder]

I suggest that you send EVRi an email

 

Quote

Dear XXX

Reference number XXX

On XXX date you agree to reimburse me £XXX being the amount claimed plus all my claim fees. I supplied you with my bank details which once again are XXX and XXX.

So far I have not received any payment from you and am putting you on notice that if the payment isn't received by the date of the hearing that I shall be attending the court will be informed not only that you have breach of contract in respect of the delivery of my property but also you have breached this new contract where you have promised be payment in return for my promise to withdraw the claim.
I suggest that you get a move on and make the payment in order to avoid any further expense and inconvenience to myself and to the court in addition to the problems that you have already caused us all.

Once I have received payment and it has cleared then I shall withdraw the claim – but not before.

Yours

you won't suffer any penalty if the payment has not been made.

If the payment has not been made then of course you must attend court. Show the judge the copies of the email agreeing to the settlement but explained to the judge that they have had more than enough time to make the payment and so it seems that they have reneged on their promise and that you are asking the judge to give judgement in your favour and also to comment on their broken promise to pay you.

Please keep us updated

[radupana]

Thank you for the template.

Unsurprisingly, Evri responded in their usual disdainful style towards their customers and told me they already have my bank details on file and that I don't need to send them again.

They highlighted the fact that it can take 10 working days to receive payment, starting August 9 (when I accepted the settlement offer). They also made sure to explain that working days means Monday to Friday and that I am free to attend the hearing.

I am 99% sure that I will receive the funds on the hearing date, or one day before.

[BankFodder]

Reply to them and explain that if cleared funds are not in your account by the hearing date that you will be attending court and asking for judgement and they are welcome to attend court if they want.

If they want to avoid this then they had better pay up quickly and stop relying on their broken procedures.

Tell them that they have proved unreliable so far and that you don't trust them and you aren't prepared to withdraw the claim until cleared funds are in your account

[radupana]

As expected, they waited until the last possible moment to pay. I received payment just now.

I will call the Court and inform them that I would like to withdraw my claim. Based on reviews, they don't seem to be very responsive though. If I can't get through to the Court and do not go there on the hearing date, would the claim be automatically cancelled?

I also want to thank you all again for the immense help, without which I would not have gotten this far. I'll be donating part of the refund as a token of thanks.

[BankFodder]

No. I think you have to inform the court. They won't simply cancel it automatically.

As well as informing them on the phone, send them an email so you have a record that you have tried

[Andyorch]

You need to file the following Notice of Discontinuance with the court and serve a copy on the defendant's.

Well done.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/961394/n279-eng.pdf

 

Andy

[radupana]

Thanks Andy.

The Court replied to my e-mail asking for the withdrawal of the claim:

"""

Hello,

Thank you for your email. The hearing has now been vacated and case closed.

"""

Easier than expected.

Happy to put this all behind me.

[FTMDave]

Well done on sticking with it until you got every last penny! 

[Andyorch]

Okay well as long as you have the acknowledgment no need to submit a NOD