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

[BankFodder]

My mistake. You are right.

Point number eight

[jmxo]

Ok thanks sorted that. so with the witness statement done, the order also said I need to produce this

Quote

Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side

This is the court bundle yes? It also said  if available to include: 1. A copy of the contract/agreement 2. Relevant correspondence, including text messages and emails

I assume I don't have anything for 1, but for 2, I assume by relevant it means I don't need to attach literally every email. But like just the initial ebay sale, emails that Evri lost my parcel, and Packlink issuing the unilateral compensation?

Is there a checklist somewhere for this type of case? Unfortunately, basically all of the threads i've read here didn't go past mediation, so I don't really have frames of reference going forward

I see this recent post, although it hasn't progressed further. I know you mentioned Evri isn't showing up to mediation anymore.

 

Edited June 4, 2023 by jmxo
other post

[jmxo]

Hi, I'm attaching a draft of the court bundle. Not sure if this format is how I was supposed to do it, or if there's too much text.

I just did the rights referenced in the witness statement, although I noticed there isn't anything about the Contracts Rights of Third Party Act in the witness statement yet. Should there?

I didn't add the 2 referenced cases, I assume I'm just supposed to print out the transcripts and add them at the end

I'm also not sure what we're supposed to add in reference to this part of the witness statement

Quote

26. Finally, I have included at the end of my court bundle, a non-exhaustive list of reasons as to why the Defendant’s insurance requirement is unfair.

(page __, court bundle).

I'm also not sure if I should be adding in the invoice or emails here

Your advice is appreciated, thanks

court bundle.pdf

[BankFodder]

The court bundle file which you have uploaded to your post only contains three pages and they basically seem to be comprised of extracts from the consumer rights act. Is that what you have done?

In terms of reference to the rights of third parties act, you are right. That hasn't been done.

If you can upload the witness statement/skeleton argument that you are going to use then I will suggest an addition.

I don't think you need to produce the extracts of the consumer rights act

[jmxo]

Thanks, here's the attached updated witness statement with your previous addition

And yeah, it's mostly extracts from that act, I thought I needed to since the witness statement references these. Is that not necessary then?

witness statement.pdf

[jmxo]

Is that pdf ok for you to put in additions?

Also can I get advice on changes for the court bundle

Thanks for all the help

[jmxo]

sorry to press on this, I know this is a volunteer based service.

just want to avoid any issues since the deadline I need to send this to the court is for is the 19th, so ideally I'd like to post this to the court and evri early next week

[jmxo]

Hi, I did some updating to the witness statement to refer to the rights of third part act from number 10. also not sure if I should mention packlink being domiciled in spain for this?

I also didn't change the court bundle yet since I'm still not sure what we're doing about that

witness statement 10.06.pdf

[BankFodder]

No, don't refer to the domicile of packlink

[jmxo]

Ok, makes sense. Are there any other changes or edits for the witness statement?

[BankFodder]

Probably remove paragraph 22 relating to transparency.

The insurance requirement is probably transparent because it is fairly clear and is put your notice.
No point in handing them a victory on any point at all so don't raise it.

[jmxo]

Ok sounds good. Attached is the updated ws.

Can we go through the changes for court bundle then?

Also I haven't received Evri's witness statement or court bundle yet either. Their deadline should also be on the 19th, should I expect them to send it last minute? Or even they ignore doing it?

witness statement-1.pdf

[BankFodder]

It will probably arrive last minute but let us know

[jmxo]

So in the court order I received, alongside the witness statement, I also need to send this:

Quote

Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this.
These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: 
A copy of the contract/agreement
Relevant correspondence, including text messages and emails

[dx100uk]

no thats PART of the WS process, your exhibits you refer too in your WS.

have you not been self helping ?? there are 100's of postal claim WS's here to see whats needed

 

[jmxo]

Hi,

I have been self helping. The process has been very smooth up until now, as every post I read was settled at mediation and not going further. So I had references and skeletons for almost everything.

I used the pinned Evri skeleton for the witness statement, but I have not seen one for this other part before. I did link what I tried to do in post #53

[dx100uk]

if you are mentioning any facts that you have documentary proof of, you refer to exhibit 1 (that doc) 

likewise next fact exhibit 2 etc

[jmxo]

Hi, yes I'm attaching what I've tried to do.

It's just earlier BankFodder took a look and said I didn't need to produce the extracts like this. But I didn't manage to hear back yet on any changes.

witness statement references.pdf

[jmxo]

I'm reading through this post from April and the topic owner was suggested to use a more simple Witness statement, although he ultimately seemed to stick to the skeleton style like my current one

He also adds supporting documents like the ebay sale invoice (proof of value), Packlink lost confirmation emails. If I add them into my references bundle should I edit my witness statement to refer to these somewhere?

[dx100uk]

see what @BankFodder says, i understand where he's going as we always win regardless..so why bother...

[jmxo]

Ok I'll wait thank you.

Also sorry am I able to edit post #68 and change the attachment to this? I added the order detail proof of value exhibit (redacted for this upload) since it seemed obvious that I needed it

I didn't add the packlink loss confirmation email exhibit since Evri in their defence already acknowledged it as lost.

witness statement bundle redacted.pdf

Edited June 11, 2023 by jmxo
loss confirmation email

[BankFodder]

It doesn't do any harm to include extraction statutes et cetera but by and large, it's not worth including in bundles documents which are effectively evidence of matters which are not in dispute.

The judge will be very pleased if you can keep things as simple as possible. You only really want to include documents that you think you are going to rely upon in the court so that your code be able to say something and then point to what you are referring to which is included in your bundle.

Maybe including relevant extracts from the statute is not such a bad idea – but by and large, keep it simple. You don't need the kitchen sink

[jmxo]

Thank you,

Attaching updated ws and ws bundle. I have trimmed down and simplified a lot of the bundle. The 2 transcript cases will be printed off seperately and put at the end of the bundle.

Would greatly appreciate if you could look over once more and see any more changes or if these are fine to print off and start posting to the court/evri

witness statement 12 6.pdf witness statement bundle 12 6 redacted.pdf

[BankFodder]

You haven't prepared the court bundle in the way that we describe. Is there a reason for this?

Also, you should include the two judgements at the front of the bundle. They are highly significant and they are your best argument and you should put them in a prominent position so that the judge will see them before he/she gets bored with the rest

[jmxo]

Hi, I apologise. Attaching updated docs with the correct formatting and index. I do not have Excel but this format seems ok?

I've also pushed the judgements to the top as you suggested

witness statement bundle redacted.pdf witness statement-1.pdf