Typical packlink/Evri story - lost £600 Laptop sold on ebay,Evri court claim issued , mediation failed.***Settled***

[wonker]

First off, thanks for this great resource, it is fantastic and I (and I'm sure many other people) really appreciate the work that you do.

 

To keep a long story short, I sold my laptop on for £600, dropped it off at an Evri drop-off site (pickup confirmed on their tracker) and then it went missing.

 

Went through the rigmarole of going to Evri's support to chase, being directed to Packlink who investigated and they admitted that the package had been lost. Packlink subsequently offered me £26.74 of compensation, which I refused as unacceptable but they paid me anyway. 

 

I then raised a letter of claim with Martijn and after that raised the claim for £643.26 (laptop cost £600 with court cost £70, minus the Packlink compensation). I have just been through mediation where Evri me offered £70 to cover the court fees. I said that this was unacceptable, quoting that they were liable under the Rights of 3rd Parties Act, so the mediator went back with that, subsequently coming back to me with a final offer of £110 for the day saying that Evri said that the act was not applicable. I rejected that offer and this will now go further.

 

I am happy to go further with this, but since most of the people on this forum don't get further than mediation, is there anything specific that I need to bear in mind as this proceeds?

[Santorini]

I have read on here that mediation fails but they come up with the full settlement just before the court case. But maybe they are thinking of testing it in court. 

You'll get a lot of support on here from @BankFodder and @dx100uk and I'll be watching as I'm only a little way behind you in the process.

[wonker]

I'll definitely keep you updated on what's going on. Obviously would rather settle pre-court, but happy enough to give it a go in court!

[BankFodder]

Please would you post up your claim form and also the defence document in PDF format .

.As you will know, we have already managed to get three judgements in respect of the insurance issue .

However, on the issue of third party rights we have had no cases which have gone to trial at all .

As has already been pointed out, EVRi always settle before trial. This means that your case could be the first .

If you get a judgement in your favour then this will be a very important step forward and so we would like to keep very close tabs on what you're doing so we can understand fully and also give you any advice and support that we can.

[wonker]

'Claim Particulars

 

The claimant by way of Third Party Rights under the Contracts (Rights of Third Parties) Act 1999 is suing the defendant’s courier company which agreed to deliver a gaming laptop ‘ASUS ROG Strix Scar G531GW’ value £600 Ref:xxxxxxxx on to a UK
address, after it was sold on eBay. The item was never delivered and lost whilst in the company’s care.

The defendants have not responded to my Letter of Claim after 15 days.

The defendant's courier company have paid me £26.74 in compensation. This was done without my agreement.

 

The claimant claims full reimbursement of £573.26 (value of item, less £26.74 already received), plus court fees of £70.

The package has been acknowledged as lost by the defendant's courier company on the 30th August 2022.

 

 

defendants defence.pdf

[BankFodder]

Thank you.

Was anything said to suggest why they believe that the third parties act is not applicable?

[wonker]

Nothing further was said about their reasoning in the mediation and I don't have anything further from them.

 

The only thing I can infer from their defence is because it was ordered through ebay, but I thought that this was a pretty standard thing.

 

Thanks.

Edited January 15, 2023 by wonker

[BankFodder]

Ok. Don't worry .

Keep on doing the reading and let us know when you get a hearing date.

 

[wonker]

Hi Bank, Evri have come back offering £400, specifically:

 

'Without Prejudice Offer

 

Dear ***

 

By way of brief introduction I am a member of Evri Legal Department and I have taken over conduct of the attached claim you made against Evri.

 

I write with a view to settle the matter.

 

You are claiming  compensation in the sum of £643.26.

 

Evri’s position is that when you sent the parcel you entered in to a contract with Packlink and not Evri. Therefore, Evri are not liable for your parcel and also have  limited (tracking) information about the parcel.

 

We have been in touch with Packlink and they have advised that you did not take out any insurance for your parcel. Therefore under the contract you have with Packlink the maximum compensation that you are entitled to is 26.74 which has already been refunded.  (Please see the Terms and Conditions attached).

 

Notwithstanding the above, As a gesture of goodwill Evri are willing to offer you £400.00  in full and final settlement of your claim.  Please not that this offer is on a Without Prejudice Basis.

 

The Judge will be expecting both parties to negotiate prior to the hearing. We reserve the right to use this email as evidence of Evri’s attempt to try settle the matter.

 

We also take this opportunity to apologise to you for the issues you have experienced when using our services. Evri

 

If you would like to accept this offer please provide me with your account details at your earliest convenience and I will arrange payment.

 

I look forward to hearing from you.

 

Yours Sincerely,

 

***'

[dx100uk]

Red herring and not true.

 

Dx

[Andyorch]

Counter their response with your reply rejecting their offer as not acceptable as your evidence that you have considered their offer.

 

Andy

[honeybee13]

Thread reopened. 

HB

[wonker]

Thanks to everyone who had replied so far, it's greatly appreciated. I'm updating as I finally have some action and a court date and would appreciate some advice on next steps.

Thanks!

Document_Merged (1).pdf

[BankFodder]

You posted a copy of their without prejudice offer of £400 but for some reason rather you decided not to tell us who the signatory was.

Why not?

[wonker]

Just trying to cover myself in case I could be doxxed, no specific reasons. Perhaps being too wary?

Edited July 16, 2023 by dx100uk
unnecessary previous post quote removed

[BankFodder]

So tell us now. Was it Judith Cobbett?

[wonker]

'twas indeed.

Edited July 16, 2023 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Well I really don't know why you wanted to protect her. These people who slavishly follow the bidding of EVRi producing these poor quality nonsensical documents should at least have their name published. They may not want it but I would be ashamed as well in their position.

You have until 9 August to prepare and file your court bundle including a witness statement and then until later in the month to pay your court fee.

As long as you are happy about proceeding and paying the court fee then you should get going some preparing your court bundle. Follow the court bundle link and get started.

Also start drafting your witness statement and we will work on it.

Of course their entire defence is predicated on the fact that you'd have no contract with them and that your contract is with Packlink. But then I understand from you that they tried to sneak in a new element which is that you did not purchase their insurance policy.

Of course they are not really entitled to do this. This would require an amendment to the defence and they have not attempted to do this but I have no doubt that they will try to introduce this at trial and so you may as well prepare for it.

You will see in our library that we have three cases published that deal with the insurance issue. You will see that there are proposed skeleton arguments as well. Read these thoroughly and use some of the ideas in your witness statement.

Your witness statement will have to address their defence first which as I have said addresses the issue of Packlink and your lack of contractual capacity in this case.
I am particularly interested in the letter that Judith Cobbett sent you. Please can you post up a properly scanned copy of the original.

Thank you

[BankFodder]

Incidentally, there is a fourth judgement which we helped somebody obtain once again dealing with the issue of insurance and then amazingly that person declined to provide any information to allow us to get a copy to help all the rest of the people who come to this forum.

This is an amazingly selfish thing to do after the help we gave them.

This is not only for your benefit – it is for the benefit of everybody else who comes here. If we help you, we don't get paid. If you want to donate then of course that's fine but our help for you is unconditional.

If you win then one thing we do expect is that you give us the details of the judgement – name, court, et cetera so that we can then proceed at our own expense to obtain a copy of the judgement to help hundreds of other people who come here.

[wonker]

Hi Bank, completely understand the need to feed back re: your last message and the importance of it being a resource for everyone. I will update, wherever this journey takes me.

Judy Cobbett sent an email rather than a written letter, which I can pdf. There is a confidentiality footer in it, would that still be ok to post? I just don't want to shoot myself in the foot. And as per your first post, it's not about protecting her necessarily, I don't want it to come back to sting me in court.

I am happy to proceed though, I want to see this through to the end.

[BankFodder]

Yes please go ahead and post it.

[wonker]

Please see attached.

Evri offer.pdf

The following was my response:

'Dear Judy,

Many thanks for getting in touch with me. Unfortunately I do not feel that £400 is acceptable given the value of the lost package, I am still seeking the full amount.

With regards to Packlink advising that I should have taken out insurance for my parcel, I feel that is outrageous and the full expectation is that I should get the service that I have paid for and not to have to insure against the couriers losing my package.

Regards,

***'

[BankFodder]

This Cagger has a similar claim but against DPD. They also to do a witness statement

 

 

[StoneCross]

Thank you for the information provided yesterday. I am today reading everything that appears to be relevant on this forum.

[wonker]

Hi,

Just to keep you update, I was given an improved offer by Judy, which I have accepted. I was willing to take this to the end, but unfortunately a few life circumstances have got in the way recently, so I decided to settle for £550.

Thanks for your time and assistance in this, it has been greatly appreciated.

Thanks,

Will