Packlink/Evri lost my £850 parcel - court claim to Evri - new Mcol system

[SpecialK71]

Hi all,

 

Please see below for a brief rundown of everything that has happened so far.

 

20/11/22 - I paid for an Evri shipping label through eBay's shipping label purchasing system. I packaged the item, printed the label off and dropped the parcel off at an Evri Parcel Shop.

21/11/22 - Evri tracking showed that at 13:27 - Mon Nov 21 they had received my parcel at the ParcelShop and that they would be collecting it shortly. At 15:17 - Mon Nov 21 Evri tracking showed that they had collected my parcel.

26/11/22 - The buyer opened a request through eBay as the item had not been delivered.

29/11/22 - Evri as the item had not been delivered.

03/12/22 - eBay refunded the buyer the £850 they paid for the item.

04/12/22 - Evri confirmed that the parcel was unaccounted for and that I should follow my own procedures for lost parcels. Since this date, there has been a lot of back and forth Evri and they refused to pay me compensation for the lost parcel.

30/12/22 - After several back and forth emails I sent Evri a Letter of Claim stating that in 14 days, I would be issuing a claim against them.

05/01/23 - I received the latest email from Evri stating that they could not offer me any compensation as the the shipping label was bought through Packlink through eBay's packing label purchasing system.

 

I issued an MCOL on 17/01/22. Evri has just responded denying the claim, stating that there is no contractual relationship between myself and Evri only myself and Packlink so they are not liable for any claims. However, through reading these forums I am aware that I through the Rights of Third Parties Act that they can be held liable.

 

I am not sure what to do next and would really appreciate your help. I can also attached their response for clarity if need be.

 

Thank you.

[dx100uk]

DQ N180 Time

[BankFodder]

Please post your letter of claim and also your claim form in PDF format

Also their defence.

Also make sure you have read very thoroughly around this sub- forum. There are many issues but the issue of third party rights is something that is particularly prominent at the moment.

Especially read this thread

And also the discussion from here onwards:

 

 

[SpecialK71]

Thank you, I will have a read through those threads. 
 

Please see attached for the LOC, Claim Form and their defence. Please note they have not submitted their through the MCOL service, they only emailed it to me and it has been over a month and they have passed their requested extension so I have been presented with the option of requesting a CCJ. Would greatly appreciate your advice. Thank you. 

366MC231 NHK v EVRi Parcelnet Limited.pdf 366MC231-claim-form-claimant-copy.pdf Letter of Claim.pdf

Edited February 21, 2023 by SpecialK71

[BankFodder]

If you have the option of applying for judgement then you should have done it straight away .

The whole purpose of issuing a claim is to get judgement .

If the other side doesn't meet the deadlines then it is open to you to apply for judgement and I'm not sure why you are hanging around .

Go and apply for the judgement immediately.

You are simply handing an advantage to them if you don't.

You risk losing this case simply because you haven't responded to their failure to meet a particular deadline.

I see that their defence is dated the 20th of February.

It may well be that by the time you try to apply for judgement, you will discover that there is a copy of the defence on the MoneyClaim system .

The response deadline for your original claim was the 6th of February. I understand that they applied for an extension and this would take them to the 20th .

It is quite usual that these people slip in their paperwork at the very last moment .

However, you should keep an eye open and if you are given an opportunity to apply for judgement, then you should do it immediately and don't hang around asking us.

If you are able to apply for judgement then do it but be ready for them to apply for a set-aside of the judgement.

[SpecialK71]

When I checked the system yesterday they had not responded however, the option to apply for a CCJ. However, when I checked this morning, the option was there so I have submitted that request. 
 

They sent the below wording in the email with the defence letter at 12:50pm yesterday:

 

Dear sir,

 

Please see attached Defence that has also been filed with the court.

 

Due to an error with the defendants system we are unable to upload the defence online and therefore have been advised to issue this to you via email. In the meantime the court will update the system.

———————————————————————————

They had until 4pm on the 20th to respond. However their defence is still not in the system so I don’t know how legitimate the message above is.

[BankFodder]

Well done on applying for the judgement but be aware that it probably won't go through .

 

It is essential that you keep on top of deadlines .

 

 

[SpecialK71]

You are were right @BankFodder

 

The MCOL was updated with the below:

 

Evri applied by post to change something about the claim

We’ll post you a copy of their application. This will explain what you need to do next.

Your online account won’t be updated - any further updates will be by post.

--------------------------------------------------------------

I also received an email from contactocmc@justice.gov.uk stating the below:

 

 

Good morning

The Defendant has filed their defence, a copy of which is attached to this email.

Both parties now need to complete the attached Directions Questionnaire, form N180, before 16:00pm on 10/03/2023.

Please email your completed N180 form, as an attachment, to OCMCNton@justice.gov.uk for filing. A copy should also be sent to the other party named on the claim.

Please be aware that if you don’t complete and return the Directions Questionnaire (N180) to the Court for filing, your claim and/or defence could be struck out.

Please contact us if you require any further information.

 

I have attached the N180 form. It seems pretty straightforward just want your advice just incase there is anything I should be looking out for. Thank you.

MCOL Update.pdf N180 form 06.22 fillable.pdf

[dx100uk]

A1 yes

c1 yes

d1 no

E1 your nearest Co Court 

E2 no

E3 1

E4 as required

E5 we dont know

 

copy to court and claimant solicitor.

 

[SpecialK71]

Thank you very much @dx100uk. Will keep this thread looped into any updates.

[SpecialK71]

Hi all, I completed and submitted the N180 however EVRI have not submitted their N180 to my knowledge as they have not sent me a copy. Form my understanding their defence will now be thrown out? 

[dx100uk]

Is there a claim status page?

 

Dx

[SpecialK71]

On the MCOL - this is the last update. However I have not received anything in the post. I received this below email.

 

 

 

mcol status.pdf

[dx100uk]

try to help us by properly redacting and making a multipage PDF

done it for you.

read upload next time please

 

was due the 10th.

only 4 days since then

often courts take weeks to process N180's

[SpecialK71]

My apologies, will do next time.

 

Right I see - but Evri should have sent me a copy of their N180 before the deadline right?

[dx100uk]

give it a week

 

dx

 

[SpecialK71]

Okay - will do. Thank you.

[SpecialK71]

Hi all,

 

I have been offered a telephone mediation appointment to settle this case with Evri. Could you please kindly advise/point me to any useful threads.

 

Much appreciated.

[BankFodder]

Could you give us the date of the appointment please or is it a secret.

[SpecialK71]

Haha not at all. April 11th 13:00 - 15:00.

[BankFodder]

For the moment start doing lots of reading. Even if you think you have done enough, go over it all again. Concentrating on the rights of third parties which I seem to remember is the big issue in your claim.

 

Stand by for a further response tomorrow

 

 

 

[SpecialK71]

Yes third party rights is the big issue within my claim. Will be rereading up on it. Thank you. 

[BankFodder]

Okay so you have a mediation appointment in approximately two weeks. You haven't been asked to file any documents yet – no court bundle et cetera. That would normally come if and when you are notified of a trial date.

So for the moment EVRi is going to put you through the usual time wasting and resource wasting exercise of going through the mediation ritual. They will try to knock you down. Of course they will start off by saying that you don't have a contract with them and you are suing the wrong people. Hopefully you know the answers to that and I think that you should be quite abrupt and assertive. So forget you will be talking to a mediator who wasn't personally involved – but however, the messages that you relay through the mediator should be short. Don't stop giving fantastic explanations and spending a lot of time making wordy replies.

Stand your ground for every last penny. Don't give up a single inch including all of your costs and also insist on interest if you have claimed that in your claim form – I can't quite remember.

When the mediator tries to put pressure on you to compromise you should tell the mediator that they are exceeding their authority and that they are advising you to compromise on your statutory rights and that this is not acceptable.

Tell them that the only compromise would be that you won't go to trial and therefore EVRi won't have a judgement against them on the issue of third party rights so that they will be able to keep on conning all sorts of other innocent customers on the same issue.

If you do your reading then you will understand exactly the situation. Ask us questions. Don't forget that the mediation is nothing formal. You just talk to somebody on the telephone and then they relay messages and then they come back to you.
However, if you feel the slightest bit of pressure from the mediator then you should be assertive with the mediator and say to them that you don't think it is their job to put pressure and that they are simply there to pass messages.
And the message for EVRi is pay me all my money – every last penny – or else we go to court. End of story

 

Incidentally, here is something that we haven't suggested before.

When EVRi says that you should be suing Packlink – tell the mediator to tell EVRi that you are enforcing your rights under the Contracts (Rights of Third Parties) Act – but that if EVRi want to involve Packlink then it is always open to them to apply to have Packlink joined to the claim as a co-defendant.
Of course EVRi won't like that. Dear me!

[SpecialK71]

Thank you very much for this advice - very helpful. I will continue to read and revert back if any further questions come up.

[Santorini]

@SpecialK71 I've been informed that my mediation date is 24 April so would be very interested in you experiences.