Evri/Packlink lost parcel - court claim against evri raised ***Settled***

[dx100uk]

the date it went missing

 

court fee is separate and not subject to interest.

 

dx

 

 

 

[Santorini]

Thanks that will be the 17th. The interest is 6p per day.

 

Draft of Particulars of Claim. 905 characters. Not sure about whether to use first person or "the claimant". If the latter should "their" or "her" be used?
Thanks in advance.
 

Quote

 

On the 15th November 2022, the defendant agreed to deliver a parcel value £265, to an address in the United Kingdom. The delivery fee: was £6.92. The defendant failed to deliver the parcel, and confirmed it lost on the 28 November 2022. 

 

The defendants have refused to deal with the claim as the claimant purchased the service via a third party.  however The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. and claiming directly against the courier that failed to fulfil their contracted duties. This Act of Parliament gives the claimant as a named beneficiary or within a discernible class of beneficiaries, the rights to bring an action for breach of contract as if they were a direct contracting partner .

 

The claimant claims full reimbursement of £271.92 (item value plus delivery fee) plus court fees and interest pursuant to section 69, County Courts Act 1984.

 

 

Edited December 8, 2022 by Santorini

[BankFodder]

I've made a few edits to give you extra characters if you want.
No need to describe the function of the third party rights act – the judge knows it and if not then you have a problem.

You can use claimant/defendant or pronouns – it's up to you. The most important thing is to get the sense of your claim over and to make sure that the particulars identify a cause of action

[Santorini]

Thanks - so taking up your edits the claim looks like this. Is there anything else I need to say? I could put in other dates etc.
 

On the 15th November 2022, the defendant agreed to deliver a parcel value £265, to an address in the United Kingdom. Delivery fee:  £6.92. The defendant failed to deliver the parcel, and confirmed it lost on the 28 November 2022. 

 

The defendants have refused to deal with the claim as the claimant purchased the service via a third party.  The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. 

 

The claimant claims full reimbursement of £271.92 (item value plus delivery fee) plus court fees and interest pursuant to section 69, County Courts Act 1984.

[BankFodder]

Yes, you need to put in the tracking reference number. Otherwise they won't know what on earth you are talking about

[Santorini]

Oh yes! Slaps face with a wet flannel. So glad you are on the ball!

[Santorini]

So is this all I need to say when I can submit the claim. Thanks in advance again.
 

On the 15th November 2022, the defendant agreed to deliver a parcel value £265, to an address in the United Kingdom. Delivery fee:  £6.92. Tracking number XXX. The defendant failed to deliver the parcel, and confirmed it lost on the 28 November 2022. 

 

The defendants have refused to deal with the claim as the claimant purchased the service via a third party.  The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. 

 

The claimant claims full reimbursement of £271.92 (item value plus delivery fee) plus court fees and interest pursuant to section 69, County Courts Act 1984.

[dx100uk]

i think we need to be looking at starting to align our CAG POC advise on these courier claims in line with the std procedures institutions we see here use and how they do it.

 

1. on xxx date the claimant contracted the defendants via [Method used] to deliver a parcel to an address within the UK.

 

2. Details: Item Value: £xxx,  Delivery fee:  £6.92. Tracking number xxxxxx

 

3. by xxx date the defendant had failed to deliver the parcel,

 

4. on xxx date , the defendant confirmed the parcel was lost.

 

5. on xxx date The defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party.

 

6. The claimant is seeking reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999.

 

7.and The Claimant Claims:

 

a) the full value of the item £xxx

b) the delivery fee of £xxx

c) Court Claim Fee £XXX

D) the total sum being £xxx

e) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, namely £xxx, incrementing £xxx per day till settlement.

 

just musing....

 

important note....you cannot inc the filing court fee in you interest calc.

 

[Santorini]

That looks clear and I have used this for the next draft. Just taken out the numbers unless you think they should stay in.

Just realised that I put the tracking number in my previous post. Please can you delete for me as I can't.

On XX date the claimant contracted the defendants via Packlink to deliver a parcel to an address within the UK.  Item Value: £XXX,  Delivery fee:  £XXX. Tracking number XXX

 

By 1XX the defendant had failed to deliver the parcel, On 2XX, the defendant confirmed the parcel was lost.

 

On XX and on XX the defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party.  The claimant is seeking reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999.

 

The Claimant Claims:

 the full value of the item £XXX

the delivery fee of £XXX

Court Claim Fee £XXX

the total sum being £XXX

interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, namely £xxx, incrementing £XXp per day till settlement.

 

915 characters leaving a few to spare if the claim is more complicated than mine.

[BankFodder]

Don't forget that you can't claim interest on the court fee. So it is total claim, plus interest, plus court fee

[Santorini]

Yes I did check that so I'll work out the interest from when it went missing (17th Nov) to claim date (17th Dec) on the item+delivery fee.

So that the Court is clear should I word it something like?

 

The Claimant Claims:

the full value of the item £XXX

the delivery fee of £XXX

Court Claim Fee £XXX

the total sum being £XXX

interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, on the £271.92 claimed before court fee is added, namely £xxx, incrementing £XXp per day till settlement.

[dx100uk]

you dont need to change this last bit no.

 

dx

 

[Santorini]

OK thanks. But I can't add the total interest claimed as I don't know when settlement will happen. I'll only know the amount from 17th Nov-17 Dec.

[dx100uk]

eh?

 

thats why you have the incrementing daily statement.

 

dx

 

[Santorini]

Sorry, yes. 
Ongoing thanks to you and BankFodder.

[Santorini]

Update: filed the claim today. Longer than 14 days but waited until after the Christmas break.

A bit of a nightmare editing it. It was well within the character count but their lines and half ones you type yourself. Also they add the bit about claiming interest to your POC.
 

I did not see anywhere to say that I'd go to mediation. does that come later?

 

[BankFodder]

Yes, that comes later.
I think you need to do a bit more reading here because that is dealt with very frequently.

 

[Santorini]

Thanks. I did quite a lot of r4search on here before Christmas and forgot. I should have checked back at my notes first before asking here.

[Santorini]

I received notification this morning that my claim has been sent to Evri/EVRi and they have until 23 January to respond. My understanding is that they will file an acknowledgement of service. Then they will defend the claim on the basis that I have no contract with them and must approach Packlink. We will then go to mediation. I'm now reading around mediation threads.

 

And following @DxnM claim with great interest as they are not far ahead of me in this process.

I have a couple of questions.

 

1.    Some mediators (and some documents) say that by entering mediation you have agreed to be flexible/be willing to compromise. Is it enough to say that I have done by going to mediation, giving them longer to answer Letter of Claim etc?

 

I am trying to find an official link that says clearly that the claimant does not have to forgo money paid and property lost.
 

2. @BankFodder elsewhere says that there have been several cases where mediation has apparently failed but the claimant is not heard from again. There is a suspicion that EVRi/Evri settles but on conditions of confidentiality. If this happens and they offer to pay in full and demand confidentiality can you refuse as the confidentiality is unfair/not agreed to and still take them to court? Will the judge dismiss saying that you had the opportunity to settle in full and refused?

County Court claim.pdf

[BankFodder]

Some very useful questions there.

We are actively under no obligation to give up any of your rights. If you consider that your rights are for a full and final settlement without giving away single penny and that is what you should insist upon.
I am sure that you have seen in several places that we suggest that the appropriate response is that the advantage to EVRi is that they will avoid a court judgement which will then become victorious and invite further litigation on exactly the same problem.
In other words if they want it to go away silently and they should simply pay up and stop mucking around. 

 

You are giving EVRi an opportunity to settle without the embarrassment of a judgement. That is your flexibility.

You are not obliged to accept a condition of confidentiality – that equally they are not obliged to pay the amount claimed if you will not agree to the conditions.
The only time that you are entitled to an unconditional payment is when a judgement is given in your favour
you will not be criticised or suffer any disadvantage because you refused an obligation of confidentiality.

In fact if you were offered some like this then you can simply point out to them that there is no confidentiality referred to in the claim form. That is not part of the claim and so they are attempting to introduce something new into the equation. You are requiring that they settle your claim – no more, no less.
And it's up to them, either they can give you your money now at least without a recent judgement against them or they can take the risk that a judgement will be given against them containing reasons which will then be published by you on social media to other people and will encourage further claim the same.

Tell them that if they don't like it then they can go and do the other thing.


 

[Santorini]

Thanks. I'll be using these arguments.

I intend to hold out for the full amount - they have lost my property and I have paid out for (non) delivery and then a court fee to try and get reimbursement. I want to be on very firm ground of the mediator tries the bullying tactics.

One other question. Has anyone ever taken EVRi to court over the non-contract with them issue? They have gone to court over the insurance and have lost, is it three times, that you know of on here.
Has EVRi ever won in court on either of these issues?

 

[BankFodder]

Yes, we now have the transcript of three judgements in relation to the insurance issue.

So far as I know, there has never been a trial relating to the third party issue.

 

There may have been other cases on the insurance issue or the third party issue and which EVRi may have won – that they certainly are cases that we have helped on and if people have lost cases against EVRi on these issues, it would be because we were involved, they didn't understand the principles, they didn't present their cases correctly and of course they didn't have our drafted pleadings as part of their arguments.

I would like to think that anybody who begins litigation after having been prepared by ourselves, would win

[Santorini]

Received the Acknowledgment of Service signed by J Corbett, Legal Department. 28 days to file their standard "not us guv" defence.

Acknowledgement of Service.pdf

[dx100uk]

no now they have done AOS they now  have a total of 33 days from the date on your claimform

 

dx

 

[Santorini]

@dx100ukI'm confused now, it says they have 28 days from the date of service of the claim.  Where does the 33 days come in?