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

[dx100uk]

5 days for service.

[Santorini]

Right. Thanks. 
 

[Santorini]

I looked at my MCOL today and they've filed a defence 1st February attached.

It is their standard defence.

DQ sent to EVRi 2nd February.

I'll await my allocation and N180 DQ.

Will this come through the post, by email or be posted to MCOL?

 

Or all three?

Evri Defence 1.2.23 redacted.pdf

[dx100uk]

you should get you DQ n180 in the post but you cant also download it from us or the courts website

 

 

 

[Santorini]

Thanks. So I don't need to wait for the DQ to come to me by post.
But I have to wait until I receive the form N149A - Notice of proposed allocation to Small Claims Track.
Then I send a copy to the Court and a copy to Evri and keep a copy myself.

 

 

[Andyorch]

The one provided in the link above you can complete on your device and print off....looks far more professional.

Yes, you need the N149a to find out what date to return the DQ by.

 

 

 

.

[Santorini]

I've downloaded the form. I assume they need a wet signature rather than electronic?

[Andyorch]

Not necessarily you can send the completed PDF N180 to CCBC 

[Santorini]

@Andyorchdo you mean I can send the DQ to the CC Business Centre before I get the allocation form? And also copy to Evri at the same time.

 

Do I answer yes or no that the case can be determined without a hearing?

[Andyorch]

DQs can be emailed to MCOL Northampton (CCBC) but it's always advisable to also send a hard copy, run 3 copies court/defendant/ your file.

 

I would advise with a hearing.

[Santorini]

Thanks.

 

I'll answer no to the question on determination without a hearing.

 

Do I send it to Evri via email and post?

 

[Andyorch]

You can if they accept electronic communications in regards to litigation.

[Santorini]

Thanks. Though I haven't got Evri's legal dept email. Will send by post.

[dx100uk]

thats ok not important they get it promptly

[Santorini]

@AndyorchI have now received their defence and DQ through the post.
If I answer no to the case being determined without a hearing I have to give a reason. What can I say?

[Andyorch]

Read the link post#3

 

 

[Santorini]

Thanks.

Would this be OK?

Or is it a bit cheeky, implying the judge is not up to speed on the law and can't decide without me telling him/her.

There are disputed facts.

The claimant thinks that the judge would need to hear their evidence orally.

The defence is that the claimant failed to provide details of of a contractual relationship.

 

The claimants rights as an official third party The Contracts (Rights of Third Parties) Act 1999 was clearly stated in the Particulars of Claim.

The defence also asks for strict proof as to the value of the claim.

 

This has already been provided ie value of phone which had been sold (and then refunded), delivery charge, court fee and interest.

[Andyorch]

Quote

 would need to hear their evidence orally.

should hear the Defendants evidence orally in support of their defence

[Santorini]

But would the court think it cheeky though. It doesn't seem that strong an argument.

 

[Andyorch]

Not really but if you refer to my link both parties must agree..... do not go into specifics and simply stick to my broader reason.

 

Quote

Relevant reasons to state no include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally

 

[Santorini]

So just this sentence without reference to the Contracts Act?. "The court should hear the Defendant's evidence orally in support of their defence".
 

[Andyorch]

There are factual disputes which will need the judge to hear from witnesses directly, the issues are complex they need to be argued orally.

The court should hear the Claimants/ Defendant's evidence orally in support of their claim/ defence.

 

If your local county court is not participating in the pilot scheme then it's really irrelevant and you will get a hearing anyway.

 

Stop overthinking this.

[Santorini]

Okay. Will do and will try not to overthink. It's the first time I've ever had to do something like this.

 

[Santorini]

Update: DQ emailed and sent by post today. 
I'll update again when I have a date for mediation.

[Santorini]

I sent my DQ on 13 February and had an acknowledgement to the email.

The DQs had to be returned by 20 Feb.

 

I've just looked at MCOL and there is no update on my DQ being filed.

I also have not received Evri's DQ and there is no mention of their DQ either.

Should I do anything?

I am away tomorrow until Wednesday 1st.

 

This is what the site says.

A bar was put in place for EVRi Parcelnet Limited t/a Evri on 01/02/2023

EVRi Parcelnet Limited t/a Evri filed a defence on 01/02/2023 at 16:05:04

DQ sent to EVRi Parcelnet Limited t/a Evri on 02/02/2023

 

Defendant(s) EVRi Parcelnet Limited t/a Evri 

Issue Date 04/01/2023

Claim Status Defence

Last Updated 01/02/2023