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

[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.

[BankFodder]

Thank you.

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

[BankFodder]

Ok. Don't worry .

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

 

[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?

[BankFodder]

So tell us now. Was it Judith Cobbett?

[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.

[BankFodder]

Yes please go ahead and post it.

[BankFodder]

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

 

 

[BankFodder]

Congratulations on your settlement. I'm sorry you had to give up some of the value you are claiming. 

Was this in full and final setting?