Evri - Lost 2 ebay parcels approx. £600 - court claim issued

[BankFodder]

You shouldn't even give up the interest. They owe you the money and they owe you the interest on it. Don't give an inch. They have millions to lose if they have to stop charging people insurance money.

Don't give up a single penny. You don't need to. You have a right to the interest and you have already said that you are prepared to give up any of your rights

[jmxo]

For the interest thing, I saw a thread where someone said that, presumingly just to show at least 1 level of compromising willingness. I was going to say it as a last resort if the mediator was on to me.

 

And I read your edits in red - thanks for the extra notes.

 

So everything else is good then? I'm hoping this call will be smooth sailing

[BankFodder]

Our advice has always been that you don't need to compromise on your rights and nobody should expect you to do so. If you want to put a quick end to it then by all means give up the interest – but there is no reason for you to do so and you should certainly object to any pressure coming onto from the mediator.

We have started giving advice that people should decline mediation when it comes to dealing with the courier companies. It's always the same old story and they are simply wasting the court's time to intimidate you.

Stand up for yourself

[jmxo]

Roger that - thanks I will stand firm on a full payout.

 

Will update this thread after a successful mediation.

[BankFodder]

Good for you. As you can imagine, we will be very pleased if you go to court and we will support you all the way.

[jmxo]

Ok so I just received the mediation call.... but unfortunately the mediator told me Evri did not pick up the phone, email, voicemail etc.

 

I did ask if I'm still allowed to present my points but they said it wouldn't be helpful as the mediation process requires both parties. They said it's unfortunate but I will receive a follow up from the courts via email on the next steps, with it possibly being a second mediation or further escalation.

 

They also said this is no marks against Evri as mediation is ultimately optional, even if they tick all the boxes for mediation up until this point they are allowed to ignore the call.

 

Overall, the mediator was very nice over the phone, but this is very annoying as I was hoping to finalise this whole ordeal.

[BankFodder]

This is the second time in a very few days that we have heard that EVRi have failed to attend the mediation .

 

Frankly, I would suggest that you would now decline mediation as they have wasted your time and insist on going to trial.

 

You should stop allowing yourself to be led around by the nose by EVRi.

 

We will help you of course and I fully expect that you will win

 

[jmxo]

You may not remember, but in my initial post I mentioned that I actually had 2 parcels lost. The plan was to just do one parcel at a time.

 

If this case is being dragged out like this, is there anyway I can ammend things to just claim for both parcels in one go now? I'm sick of these guys and would love to get it all done with in one swoop. The situation with both parcels is essentially exactly the same

 

Or am I stuck with just this?

[BankFodder]

You're right. I had forgotten. I'm afraid that we get so many cases here and we do this in our own time that I often don't keep up with everything that is going on.

It would be too expensive to amend the claim to that extent.

Let's begin a separate claim.

Send them a letter before claim. Post it here so we can see.

If that goes to mediation then you can call in to the negotiation the outstanding claim if it hasn't been settled yet and tell them that the deal is that you will back off if they settle both claims plus expenses

 

[jmxo]

Hi BankFodder,

 

Understood, but been quite busy, haven't had time to work on that yet.

 

Update on the current case - received judgement order from the court, which they require me to post off a bunch of details to the court and the defendent Evri before the 19th of June

There's also a note that I can ask the court to review the order if I do that before the 23rd of May.

 

Shall I attach a redacted pdf of the order here?

[BankFodder]

22 minutes ago, jmxo said:

 

 

 

Shall I attach a redacted pdf of the order here?

Yes, please

[jmxo]

Attached redacted pdf of claim direction order

claim-direction-order - Copy.pdf

[Andyorch]

Refer to point 7 and action if you prefer an hearing.

[BankFodder]

I'm not sure why you have redacted details such as the name of the court or whether hearing is going to be.

Please can you restore these details.

You only need to adapt your own personal name and address. Nothing else.

[jmxo]

Oh ok, what about the case number? Do I leave that in?

[BankFodder]

It's not important

[jmxo]

Ok, attaching it again. Hopefully this is better

claim-direction-order-2.pdf

[jmxo]

Hi guys,

 

I've read this post

shall I work on a draft of my version of the EVRI SKELETON PDF you attached in the second post?

 

[BankFodder]

Yes

[jmxo]

Hi, just working on this now,

I'm a bit confused on modifying the Previous Decision on the Identical Issue section

Which case am I supposed to edit in and refer to? Of the two other attached documents, one is parcel2go.com and the other is parcelhero.com.

Is there supposed to be an EVRi case that I am to refer to?

Thanks,

[BankFodder]

The identity of the parties is not important. What is important is the principle involved – the reason for the judgement.

In fact it is helpful that the judgement involves different parties because it helps to demonstrate that regardless of the company, regardless of the judge and regardless of the court, the rules are the same for everybody.

[jmxo]

Oh, ok that makes sense. It was just that the skeleton argument said

Quote

This case concerns an action brought against the same Defendant on identical facts concerning the identical issue of the enforceability of EVRi’s insurance.

So do you advise I just modify it to something like -

This case concerns an action brought against another Defendant on identical facts concerning the identical issue of the enforceability of courier companies insurance.

[jmxo]

Hi BankFodder,

attaching my first draft of the statement. I followed that skeleton pretty closely, also used 2 of the cases instead of the 1.

I'm not sure if I should be rewording the bulk of it into my own words. Im also not sure if I should dispute that they knew the price of the delivery. I assume the skeleton case just attached the invoice in the court bundle?

Im also re attaching their initial defense, in case you notice that my situation has additional/different facts in dispute. Although I think the cases are fairly identical in terms of that?

claim-response2.pdf witness statement v1.pdf

[BankFodder]

EVRi admitted that they have lost the item so I suggest that at .9 you say "there is no dispute that the parcel was lost by EVRi and that EVRi have admitted this"

Other than that – I think it is fine.

[jmxo]

Hi, to clarify do you mean number 8? since that is the one that says the parcel is lost. or did you mean to make that the new number 9 and move everything else down one