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

[SpecialK71]

@Santorini No worries - will share my experience here afterwards

[SpecialK71]

Hi all,

 

I had my mediation appointment last Tuesday.

 

My time window was 13:00 - 15:00 and the mediator called by around 14:10. She started by explaining the process of mediation and reading some mandatory guidelines. Then she asked me if I agree to the terms of mediation, and I agreed.

 

She asked me to give a short summary of the case so far. I gave her a brief summary of the case so far - essentially the key points from my MCOL. After that she asked what I would like to get out of the mediation. I told her that I wanted to be paid the full £920 for the value of my lost parcel (£850) and the claim costs (£70). Then she ended the call to talk to the Evri representative.

 

I recited a call back from the mediator. She said that the Evri representative said:

 

- That my contract is with Packlink and not Evri so I should contact Packlink.

- Evri has limited tracking information so I should reach out to Packlink.

- They can only offer me £70 for the cost of the claim.

 

I responded to the mediator

 

- Explaining that though the contract was with Packlink, as I am the third party I enjoy full third party rights to the contract according to the Rights of Third Parties Act.

- I rejected firmly the offer of the £70

- I have contacted Packlink and they have refused to reimburse me the full value of the parcel

- Additionally Evri tracking and support confirmed that the parcel was collected from the Parcel Shop but was unaccounted for after

- Made the point that they if they want to, they can apply to have Packlink join them as a codefendant

- I am not willing to settle for less than £920, and that if they are not willing to pay the full amount I am happy to take this to court

 

The mediator responded from Evri

 

- Reiterated the same point that my contract was with Packlink so there is nothing more they can offer me

- Advised me that I can apply to have Packlink added as a codefendant

- Advised me to raise a claim against Packlink instead as the contract was with them

 

I reiterated my points on the rights of third parties but the mediator and myself agreed that I was unlikely that we were going to settle during the mediation. She advised that the court will send out information on the next steps of the court process.

 

That was my mediation experience. Would kindly appreciate some advice on what to do to prepare going forward. Thank you.

 

[BankFodder]

First of all, congratulations on standing your ground – although it seems that they were offering you very little in the way of compromise.

Keep on reading up and make sure you understand the principles relating to third-party rights.

You should soon get a court date and also very importantly a date for the submission of documents. Have a look at the advice we give in relation to preparing your court bundle and also at the various documents that we provide for claimants in this kind of case.

Please bear in mind that most of the cases that have gone through so far have been to do with insurance. Third-party rights will be fairly new but very important and we will help you prepare your skeleton argument although there are one or two examples already on the sub- forum.

To save me going back through the thread, can you remind me as to whether or not you purchased the additional so-called insurance that they try to foist on you. If you didn't, then was this referred to at all during the mediation.

And by the way, thank you very much indeed for this detailed summary of the mediation experience that you went through

[SpecialK71]

Appreciate your support. Will continue to read and prepare for the court date once received.

 

I didn’t purchase insurance and it was not brought up in the mediation.

[BankFodder]

Well, you can be almost certain that if they find themselves up against it that they will try to raise the issue of insurance even though it is very late .

 

We had exactly this discussion on a very recent thread and provided a skeleton which included a provision for that .

Have a look and let us know if you find it.

 

It was in the last 7 days or so I think

 

 

 

[SpecialK71]

Okay - thank you for the heads up.

 

I've had a look but I'm struggling to find the thread you are referring to. Apologies, I'm still learning how to navigate the site. Would appreciate if someone could sign-post for me. Thank you.

[BankFodder]

I know it's not easy because there is a lot of material but I'm afraid that you will have to trudge through it. Although it will take some time, you will get there but also you will probably find a lot of new information which will help you in your action against EVRi.

 

[SpecialK71]

Thanks @BankFodder I have been looking through a number of forums and found this one particularly helpful.

 

https://www.consumeractiongroup.co.uk/topic/454578-evri-third-party-rights-issue-settled-before-trial/page/3/#comments

 

Just wanted to ask when I should expect a follow-up from the court regarding next steps and a court date, conscious that it has been three weeks since the mediation?

[dx100uk]

allocation to court can take months.

 

 

[SpecialK71]

Hi all, 

I have received an offer to settle from Evri. Please see below for the details of the letter. I am not keen to settle for this offer as such I'm am contemplating responding in an attempt to settle for the full amount - would appreciate your advice on how to approach this. Thanks in advance.

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

I write with a view to settle the matter.

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. Evri’s Customer Service Team did advise you of this but you still brought proceedings against the wrong party.

Further to this, we have confirmation from Packlink that you received £25.00 + £4.48 back in compensation.

Notwithstanding the above, Evri are taking your word in good faith and , as a gesture of goodwill Evri are willing to offer you £400.00 in full and final settlement of your claim.

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

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

If you do not wish to accept the offer we would encourage you to bring proceedings against the correct party which is Packlink.

[BankFodder]

Quote

Dear XXX

Reference number XXX

Thank you for your letter dated XXX.

Congratulations on your new job.

The answer is no.

Unless you settle the claim in full plus cost plus interest at 8% per year pursuant to section 69 of the county courts act 1984, then we shall be proceeding to court where I will obtain a judgement against you which you can be certain will be published across the internet.

Believe me

Signed

 

 

Incidentally, please can you tell us who it is who's got the new job and who signed the letter.

It's always interesting to know the names of the latest people that EVRi have managed to get onto their payrolls to do their bidding.

[SpecialK71]

Thank you @BankFodder

It was signed by Judy Cobbett

 

I have also received an email for the court requesting a Claimant’s Particulars of Claim document. Any advice on how to draft this would be greatly appreciated.

[dx100uk]

and what have you been doing in the last month to self help?

there are literally 100's of like threads in this forum with examples of people witness statements?? not a POC? you filed that weeks ago?

the forum is predominantly self help........

 

dx

[BankFodder]

Did you send the letter I suggested above or respond to her in some way?

Also, it's not at all clear what you mean when you say that they want a particulars of claim document

[SpecialK71]

Yes - I responded with the below.

Dear Judy Cobbett,

Claim Number: .......

 

Thank you for your email dated 06/06/23.

 

I firmly reject Evri’s offer to settle at £400.

 

I am only willing to settle out of court if Evri agree to pay me the full cost of my claim. If Evri are willing to settle the claim in full, I will be proceeding to court.

 

Sincerely,

Nana Osei Kofi

 

Regarding the particulars of claim document. 

 

I received the below email HM Courts and Tribunals Service:

Dear _____,

We refer to the above claim. We've no record of the Claimant’s Particulars of Claim being received and logged on our case management system.

We don't want to delay the claim unnecessarily, we would be grateful if you can provide the requested documents so the claim can progress at the local court.

From my understanding they might be referring to the N180 form. Which I submitted some time back. In any case, I think I'll reply to the email and ask for some clarification.

[dx100uk]

can't you see if you go online and check your claim, if the particulars are showing? and the claims status?

[Andyorch]

13 hours ago, SpecialK71 said:

I received the below email HM Courts and Tribunals Service:

Dear _____,

We refer to the above claim. We've no record of the Claimant’s Particulars of Claim being received and logged on our case management system. How did they manage to issue the claim then and the defendant submit a defence ?

We don't want to delay the claim unnecessarily, we would be grateful if you can provide the requested documents so the claim can progress at the local court. I agree I think they are referring to the DQ not the POC

From my understanding they might be referring to the N180 form. Which I submitted some time back. In any case, I think I'll reply to the email and ask for some clarification. Yes although you have been through mediation so that would suggest that they have had your DQ but simply send it again.

Andy

[SpecialK71]

@dx100uk - since Evri filed their defence, the online system system is no longer being updated. I have been receiving updates via email and post.

 

@Andyorch - thank you! Will send the DQ again. 

[Andyorch]

MCOL status updates end once DQs have been filed by both parties...hence the claim is then allocated to the local court.

Worth a phone call anyway to clarify what's going on as this sounds a bit like a dogs dinner.

[SpecialK71]

Thank you @Andyorch

I have received the below response from Evri regarding their attempt to settle out of court.

Thank you for your email.

As you got compensation from Packlink prior to issuing a claim , this suggests that you knew your Contract was with Packlink and not Evri. 

Please can you advise us why the claim was brought against Evri and not Packlink ?

Furthermore, as part of the Civil Procedure Rules, parties are encouraged to try negotiate the matter prior to a hearing.

Evri has done so, by making the offer below despite your Contract being with Packlink. As you do not wish to be reasonable and negotiate the matter further, we will wait for a judge to make a judgement at a hearing. 

We reserve the right to bring this email to the Courts attention to demonstrate to the judge Evris reasonable attempts to try settle the matter with you.

We will now wait for the hearing date and proceed in line with the Courts timescales.

Any advice on how to respond would be greatly appreciated.

[dx100uk]

you dont, thats a std reply.

 

dx

[BankFodder]

It looks as if it has been written by an angry infant.

Who signed it?

[SpecialK71]

Judy Cobbett, the person who sent the original email

[BankFodder]

Oh, Judy Cobbett again