Evri- £400 item missing - cOurt Claim Issued

[Natsirt]

Hi - just checking in on this. Any suggestions for brevity?  Ideally I'd get this off today. 

[BankFodder]

It will have to be this afternoon. Don't worry too much because everything is becoming interrupted anyway because of the coronation.

Check back later

[BankFodder]

On 03/05/2023 at 10:53, Natsirt said:

 

 

"On 13th March 2023 the claimant through 1/3 party broker use the defendant's delivery service, to deliver a parcel to a UK address. Item Value: £400,  Delivery fee:  £5.86. Tracking number H0067A0143893128

the defendants breached the contract in that they lost the parcel. The defendants have refused to reimburse the claimant. The claimant declined to purchase the defendants enhanced insurance policy as this was effectively selling duplicate rights contrary to the consumer rights act 2015. The defendant is already aware of three judgements from three separate judges in three separate courts against them on precisely this point. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999.

£25 was reimbursed by the broker.

The Claimant Claims:

The balance of the full value of the item: £375

The delivery fee of £5.86

 

plus interest pursuant to section 69 of the County Courts act 1984, plus costs

 

 

Let us know if there is anything missing or anything wrong or anything else that you want to add

[Natsirt]

thanks @BankFodder - I hadn't considered the interest element.  What date should I claim interest from?

[Andyorch]

13th March ?

[Natsirt]

So annoyingly although that version fits the character limit, it doesn't fit the lines limit. I've tried on both Chrome and Edge browsers and it each it seems to be adding line breaks a lot earlier than the end of the actual box.  Has anyone experienced that and how to get around it?

 

[dx100uk]

copy and paste it from a pure text program like ms notepad.

take out the line breaks just use a fullstop bewteen lines, quite usual on mcol.

 

dx

 

[Natsirt]

yeah, even with notepad it didn't like it. I've condensed it and removed line breaks so it now reads: 

"On 13/03/23 the claimant through a 1/3 party broker used the defendant's service to deliver a parcel value £400 to a UK address. Item Value: £400, Delivery fee: £5.86, Tracking number    ref: H0067A0143893128. The defendants breached the contract by losing the parcel and have refused to reimburse the claimant. £25 was reimbursed by the broker (hence the claim is for the £375 balance plus delivery charge of £5.86). The claimant declined to purchase the defendants enhanced insurance policy as this was effectively selling duplicate rights contrary to the consumer rights act 2015. The defendant is aware of 3 judgements from separate judgements and courts against them on precisely this point. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999."

Edited May 4, 2023 by BankFodder
Edits in red

[BankFodder]

Please check the edits

[dx100uk]

that should easy fit.

 

change the 1st line to read the claimant (C) , the use (C) where ever after you've put claimant.

same for defendant (D) .

 

 

[Natsirt]

@BankFodder I did check your edits but sadly that wouldn't fit in the box.  Too many lines, even after putting it in Notepad and copying from there, hence my newer version. 

 

[BankFodder]

Please post up what you are eventually going to be using

[dx100uk]

na somethings wrong. you can get double that in mcol,

 

 

go into the box where you copy text to on mcol

click your mouse so you see the flashing I bar

hold ctrl hit A. let go, hold ctrl hit x.

 

then try copying the text from the already opened file in notepad. by left mouse drag to blue it.

then ctrl c.

go back to mcol click in defence box and hit ctrl v

 

dx

 

[Natsirt]

Sorry Bankfodder, I missed your edits previously.  Refreshed the page and they came up.  I've now managed to submit as follows (note I've removed the delivery fee amount as I remembered Packlink also refunded that): 

 

On 13/03/23 the claimant through a 1/3 party broker used the defendant's service to deliver a parcel value £400 to a UK address. ref: xxxxxx.

The defendants breached the contract by losing the parcel and have refused to reimburse the claimant. £25 was reimbursed by the broker.

The claimant declined to purchase the defendants enhanced insurance  policy as this was effectively selling duplicate rights contrary to the consumer rights act 2015.

The defendant is aware of three judgements from separate judgements and courts against them on precisely this point.

The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999.

Claim is for balance of reimbursement (£375) plus interest and court fee. 

[Natsirt]

Evri have now filed their defence. As expected it relies on my contract being with Packlink and not Evri. I can post the whole thing if needed, but the key parts are: 

They admit they lost it

They need me to prove the value (easily done with Ebay receipts)

They claim it's a Packlink problem, not an Evri one: 

What they haven't done is demonstrate why the Rights of Third Parties Act doesn't apply here.  So it sounds like they're just trying it on? 

I've not actually had any notification of what's going on in the post, I just saw this when I logged into Moneyclaim online today.  The current status is "DQ Sent to Evri Courier Service on 07/06/23".  

Do I need to wait till informed on what next steps are?

[BankFodder]

Yes, no surprises but please do post up the whole thing in PDF format

[dx100uk]

thats your claimform NOT their defence........

 

and do you really want your pers details on an open forum?

 

dx

 

[Natsirt]

ah, wrong document uploaded.  Have deleted the attachment.   Here's the correct one, with name and claim number redacted. 

Claimants Defence..pdf

[Natsirt]

The "Notice of Proposed Allocation to the Small Claims Track" has just come through. I'm going to tick "yes" to mediation. There's a question about whether it's suitable for determination without a hearing. Based on my claim and the defence that Evri filed, would this be wise? 

If going to court I plan to tick "no" to expert evidence and only list myself as a witness. 

[Andyorch]

 

[BankFodder]

I would suggest that it is not suitable for determination without hearing. I think there should be a hearing and you will need to present and argue your case.

If you haven't been to court before then I suggest that you have a look at our County Court familiarisation guide to make a familiarisation visit