Evri (Packlink) lost £1350 item - PAPLOC issued, claimform issued *** Settled ADR Mediation***

[DxnM]

I sold a vintage film camera on eBay on the 5th October for £1,350. Regrettably I used Evri due to living very near a drop off spot that is open late making them very convenient for someone working 9-5. Long story short they lost the parcel and now I am now trying to claim compensation.

 

 The tracking was as shown below

Date	Time	Status
11/10/2022	07:24	Delay, please allow 24 hours
10/10/2022	10:14	Return to sender requested
08/10/2022	22:57	At the national sorting hub
07/10/2022	20:22	Entered the Evri network
06/10/2022	18:42	Dropped off at the ParcelShop
06/10/2022	18:17	Order placed

 

Interestingly a return to sender was supposedly requested even though I didn't, and it would make no sense for the buyer to have done this even if they had the ability to have.

 

Evri strung me and the buyer on for weeks saying they hadn't lost it until finally admitting it was lost, at which point I refunded the buyer.

 

Having read through a bunch of these I acknowledged going after Packlinked was a lost cause, regardless I tried over email to both Packlink and Evri and only received the £25 + shipping from Packlink (despite not asking for it or accepting their offer). Evri predictably pushed me off to Packlink.

 

I decided my next move would be to go through MCOL so I raised a complaint on the 5th Nov to Evri which was acknowledged on 9th Nov and finally responded to on 29th Nov. I used a template complaint I found on this forum (attached) and I will attach their response to this message. I would appreciate if you could advice me on what will happen next and what I need to be aware of. 

 

Claim History

You submitted a claim on 05/11/2022 at 14:45:46

Your claim was issued on 07/11/2022

EVRi PARCELNET LIMITED filed an acknowledgment of service on 09/11/2022 at 16:05:15

A bar was put in place for EVRi PARCELNET LIMITED on 29/11/2022

EVRi PARCELNET LIMITED filed a defence on 29/11/2022 at 16:05:06

DQ sent to EVRi PARCELNET LIMITED on 30/11/2022

 

Any help would be appreciated 

 

 

 

 

my claimform+Evri Defence.pdf

[BankFodder]

Please will you post multiple PDFs in a single file format – properly ordered in future.

Also you should follow this link – EVRi – so that you understand all the principles and in particular the effect of the contracts (rights of third parties) act which is what you will be relying upon. I see that that is the only basis for their defence.
Did you take out the so-called insurance?
Was the value of the item properly declared?

Please read up the stories on this sub- forum – take a couple of days because you need to read a lot of them and you will understand exactly how it goes.

Next thing will be directions questionnaire and a request as to whether you are prepared to go to mediation. You will soon discover that they will say yes and you will say yes and that they will settle at mediation although they will try to wriggle out of it.

Shame you hadn't mentioned the rights of third parties act in your claim – but it doesn't matter. At mediation point it out to them and tell them that if they want to go to court that you will make sure the judge knows that this is what you are relying upon and that there was no need to plead in the first place.

Point out to them also that you know about this act and they know about it and that you know they know about it and they are being disingenuous and abusive of the taxpayer funded County Court system by trying to pretend they've never heard of it.

Remind them that as lawyers they have a duty to the court and that means that they have to be completely upfront. The fact that they are concealing an essential aspect will be brought to the attention of the court.

Let us know when you receive the DQ.

 

Incidentally, why have you redacted the name of the signatory to the defence? These people should be exposed – these quasi lawyers who try to wriggle out of obligations because they think they're doing their employers a favour by being complicit in their rip-off process of their customers.

Please represent the defence PDF unredacted as to the name of its signatory

[DxnM]

Thank you for responding so quickly, I apologise for not sorting my PDFs correctly

 

I have tried to read through a fair few of these already and I will re familiarise myself with it all again. Unfortunately it's come at very poor timing personally as I am studying for exams for the next 10 days but I will try to get my head around it the best I can.

 

I had mentioned the rights of third parties multiple times in emails to Evri but you are right that was an oversight on my behalf to leave that off my initial complaint, I will make sure to bring this back up at the next opportunity. It is a very good point that they are disingenuously pretending they are unaware of the act, I will make sure to use that point.

 

In relation to the redacting I wasn't totally sure which information I would be allowed to share. This is my first time doing something like this so I decided to only show information that would be otherwise publicly available.

 

Thanks again for your help, I will keep this forum post updated with any developments while I research previous claims. 

 

 

[BankFodder]

You redact your own personal identifiers but don't worry about anybody working for the courier companies. That's part of the territory for them when they decided to sell their morality to their companies.

[DxnM]

On 05/12/2022 at 15:31, BankFodder said:

Let us know when you receive the DQ.

 

The DQ came through yesterday, no new information as far as I can tell. Am I right in thinking mediation is the way to go? Is there anything I should be aware of or any specifics I need to include?

[BankFodder]

Yes, settle for mediation. Make sure you do lots of reading on this forum. There are several good accounts of the mediation experience.

At some point you will get a mediation date. It probably won't be until January.

If you felt like being a bit of a champion and advancing the cause of the victims of EVRi on the third party rights point, you could reject mediation and insist on going to court. You will still win although it will take a lot longer.

Most people go to mediation – and I don't blame them. However, you should stand your ground for every penny and if in the end EVRi balk at paying you 100% of what you claimed, then rather than compromise, you should tell them that you are happy to go to court.
If they should lose on the third party rights point, then they will be in big trouble for all of the other claimants

[DxnM]

I returned the DQ mid december, should I have heard anything by now? I sent it tracked so I know it arrived on time, is there anyone I can contact about it?

[AndyOrch]

Log into MCOL and check the status of the claim.

 

Andy

[DxnM]

I can't see any further updates since the DQ's were sent out in November 

 

Recent Transactions for Claimant

 

Claim History

You submitted a claim on 05/11/2022 at 14:45:46

Your claim was issued on 07/11/2022

EVRi PARCELNET LIMITED filed an acknowledgment of service on 09/11/2022 at 16:05:15

A bar was put in place for EVRi PARCELNET LIMITED on 29/11/2022

EVRi PARCELNET LIMITED filed a defence on 29/11/2022 at 16:05:06

DQ sent to EVRi PARCELNET LIMITED on 30/11/2022

 

Am I looking in the wrong place? I keep on top of my emails and post etc and I've not had any correspondence since the DQ was sent to me 

 

Edited January 3, 2023 by DxnM
Removing unnecessary hyperlinks/ images

[AndyOrch]

It should also state DQ sent to Claimant but obviously you have had and filed it ...wait a few more days until the court catches up after the Xmas break then check it again.

[DxnM]

I have got my notification through today to confirm my mediation call on the 23rd Jan.

 

I will make sure to read through as many of these posts as I can and prepare a sheet of talking points to make sure I make my case well. I've got a really busy few weeks with exams so I probably won't get around to do this until the 16th but once it's done I will post what I have here so you can advise of anything I'm missing.

 

 

[dx100uk]

all you need to do is simply stand you ground and dont compromise on getting the full total of oyur claim.

no matter how many times its bounces back through the mediator.

 

dx

 

[BankFodder]

Additionally, be aware that some of the mediators exceed their brief and try to pressure on you to compromise and give up some of your rights.
This means that not only should you stand your ground against your opponent but also you should also stand your ground against the mediator.

In advance be certain of what you want to achieve – which we hope will be hundred percent of what you have lost including court costs et cetera and also interest.

Then don't give an inch.

Even if it seems that it will go to court, stand your ground unless of course you feel that the compromise that they are offering you represent such a small loss you figure your time is better spent taking the money and carrying on with your life.

However, don't forget that if you go to court then you will win. We will support you all the way. And it will be another notch for the consumers and the victims of these courier companies and it will be another nail in the coffin of the way they treat.

They get away with it simply because people don't understand and they think that the terms and conditions are the people end all.

They are not.

 

[Santorini]

@DxnM I'm following your case with great interest as I'm a few weeks behind you. My claim was sent to them 4th Jan.

[DxnM]

I had my mediation session today and agreed a settlement for the majority of the lost funds. It was slightly less than the full amount but if I'm realistic about it, it's more than I would have got had the camera been delivered and ebay had taken their fees so I'm happy. 

 

The settlement stipulates confidentiality so I'm hesitant to share too much more (at least until the money is sent over), I don't want to give them any reasons to make things more difficult. 

 

I will update with anything further that I can, and thank you all so much for your help.

[BankFodder]

Well done and your settlement. And even if you have given something away, at least you have got the matter settled and you are happy with the result .

We certainly would like to be updated completely .

For the benefit of other people who visit this thread, there is absolutely no reason to agree to confidentiality. It's just a bluff and they don't want to go to court regardless of the situation .

 

Once you have got your money, if you want to let us know what has happened then please feel free.

 

 

 

[Santorini]

Well done.

In my case I haven't received their defence yet. I intend to hold out for the full amount and not accept confidentiality.  Though I believe if it goes nothing that was said in mediation can be used.

[DxnM]

Finally got my payout (albeit two days late!) so I feel comfortable to share a little more about how the call went.

 

TLDR: Predictably they played it very well from their side, they started with a super low offer and incrementally increased which made it seem like I was being unreasonable by not dropping my expectations, the mediator seemed to put quite a lot of pressure on me to negotiate, eventually settled for £1,280 which I've calculated as just slightly more than I would have got if it was delivered and eBay took their selling fees so I am happy with the outcome. 

 

They started with an offer of £200 which was obviously outrageously low, I countered with they're liable for the full amount through rights of third parties, I don't see why they shouldn't cover the whole cost since they are liable.

They came back with £500 to which I said the same thing. The mediator reminded me that by agreeing to mediation I agreed to compromise, I said I would compromise if they could give me a valid reason as to why they should pay less than the full amount, she didn't seem to impressed with that and went back to them.

Next I think they offered £800 as their 'final' offer, when I said that wasn't enough the mediator asked me what offer I would accept, I was a little on the spot and said £1,200, I probably should have said higher but I was feeling a bit under pressure for refusing to negotiate while they were raising their offer. I think they then said £1,000 and I reiterated my £1,200 but added that I was expecting the legal fees on top, I thought that was assumed but apparently not. They then offered £1,280 and I agreed to that, I was tempted to bump it up again but I thought it'd look like I was taking the p**s.

 

As I put above the £1280 is just slightly more than I would have got had the delivery have been successful and ebay had taken their fees, even if I factor in legal costs and interest etc so I'm happy. I think I could probably have pushed it slightly further and maybe got the full amount but the mediator was putting a lot of pressure on me and frankly I couldn't afford to delay this again to take it to court so I settled with what I think was a reasonable settlement. 

 

Thank you all for your help, especially BankFodder! Apologies for the formatting of this I've tried to remember as much as I could, it's a bit rambling.