Evri swapped label off £1400 Apple Macbook Pro+ Case - PAPLOC now Court claim issued

[Mickdunee99]

No problem. Catch up tomorrow

[dx100uk]

i think i said a while ago that we should be aligning our POC's with how debt collectors etc operate.

the POC does NOT have to state everything you intend to rely upon - fluff it out later in your witness statement. - KISS

just the very bare bones.

 

i also think it is WRONG to directly accuse the defendant of theft - not for you to suggest or decide thats why you are going to court

state facts not speculation.

 

the claimant (C) employed the defendant (D) to deliver an Apple Macbook + case sold via Ebay.

The recipient received a Rivet gun, my postage label had been swapped from my original consignment. Ebay refunded the buyer in full.

 

D has refused to reimburse C and has breached my Consumer Rights Act 2015 by Failing to carry out their contractual obligations with reasonable skill and care.

 

C relies upon the Contracts (Rights Of Third Parties) Act 1999 for reimbursement.

 

C also relies upon tort of conversion contrary to the Interference with Goods Act 1977.

 

C claims

Total Ebay Price £xxxx inc postage.

section 69 interest at £xxx increasing daily by £0.0xP and damages for conversion up to £250

 

total claim £xxxx

 

 

 

 

[BankFodder]

Please have a look at the proposed particulars below.

Are they correct? Do they fit? Anything missed out?

 

Quote

Breach of contract. Conversion – defendants reference XXXXX
Claimant used defendants service to deliver a computer to a UK address. While in the defendant's care, the computer appears to have been stolen as the parcel was substituted and a different item was delivered using the claimant's original parcel label.
The claimant is relying on his third-party statutory rights.
The defendant is fully aware.
The claimant seeks full reimbursement of stolen computer £XXX plus delivery costs £XXX plus damages for conversion up to £250 in the court's discretion.

 

[Mickdunee99]

Thank you both for your support.

 

Bankfodder, I have filled in the blanks with your provided suggestion below.

 

Breach of contract. Conversion – defendants 
reference H0067A0135578550
Claimant used defendants service to deliver a 
computer to a UK address. While in the 
defendant's care, the computer appears to 
have been stolen as the parcel was 
substituted and a different item was 
delivered using the claimant's original 
parcel label.
The claimant is relying on his third-party 
statutory rights.
The defendant is fully aware.
The claimant seeks full reimbursement of 
stolen computer £1400 plus delivery costs 
£1081. Plus damages for conversion up to £250 
in the court's discretion plus interest 
pursuant to Section 69 – County Courts Act 
1984.

 

I added the last line in with regards to interest/section 69.

 

It all appears to fit within MCOL particulars text box.

 

Just wanted to enquire, when I attend court, I will have to take unpaid leave as all my annual leave is booked for the year. Would I be able to add my day rate lost to the claim or is this not considered normally?

 

FYI. I am posting the letter of claim out tomorrow afternoon during my lunch break via royal mail with proof of postage.

[BankFodder]

You should be able to claim for the cost of a day off work as long as you can support your request to the court with evidence. However it is not guaranteed. Don't bank on it but if you raise it to the judge in the moment the judgement is given then the judge will consider it.

If you are waiting for a moment for the judge to ask if there is anything else – you will probably miss your chance. You have to come in immediately that the judge finds in your favour by putting up your hand and saying that I make one further request. Then the judge will ask what it is and then you can explain to the judge that you were obliged to take time off without pay and you would request that the judge applies his/her discretion to make an order for reimbursement of your lost pay.

[BankFodder]

By the way, what are your delivery costs – £1 081? It seems rather a lot for delivery cost

Also, you won't get interest on any conversion damages.

You have to ask for interest plus the conversion damages – not the other way round

[Mickdunee99]

Apologies. It should say £10.81. (£7.46 for Evri postage + 3.35 I had to pay for the buyer to post a rivet gun to me via royal mail)

 

Understood regarding raising the subject of unpaid leave to the judge. Thank you for clarifying.

 

I have swapped the order of interest and conversion damages in the particulars text box.

 

Would you like to see the current draft?

 

 

 

[BankFodder]

Yes please

[Mickdunee99]

Breach of contract. Conversion

 

– defendants reference .......

Claimant used defendants service to deliver a computer to a UK address.

 

While in the defendant's care, the computer appears to have been stolen as the parcel was substituted and a different item was delivered using the claimant's original parcel label.

The claimant is relying on his third-party statutory rights.
The defendant is fully aware.

The claimant seeks full reimbursement of stolen computer £1400 plus delivery costs £10.81. Plus interest pursuant to Section 69 – County Courts Act 1984.

 

Plus damages for conversion up to £250
in the court's discretion.

[dx100uk]

1 hour ago, BankFodder said:

You should be able to claim for the cost of a day off work as long as you can support your request to the court with evidence.

typically £90 

 

[Mickdunee99]

Good evening all,

 

Just to keep you in the loop, I have posted a letter of claim to Evri today via royal mail with proof of postage.

 

After the 14 days have elapsed, I will send out a county court claim to Evri on day 15.

 

 

[BankFodder]

Thank you .

Please make sure that we see a draft of your particulars of claim before you click it off

 

 

[Mickdunee99]

Good evening all, hope you had a pleasant Easter?

I spent my Easter and most of last week with Norovirus and so for those of you who have not had it before (comes out of both ends), I would not wish upon my worst enemy. Well, perhaps Evri

Just to recap, It has been 7 days since I sent the letter of claim to Evri (Sent on Tues 4th) . Have not received a response of any kind yet but I imagine that I will not.

I will be submitting my particulars on Wednesday 19th April.

Please would you be so kind as to review the current draft of particulars so that I may save it on MCOL and submit it come day 15?

Thank you in advance.

Quote

Breach of contract. Conversion – defendants
reference XXXXXXXXXXXXXXXX
Claimant used defendants service to deliver a
computer to a UK address. While in the
defendant's care, the computer appears to
have been stolen as the parcel was
substituted and a different item was
delivered using the claimant's original
parcel label.
The claimant is relying on his third-party
statutory rights.
The defendant is fully aware.
The claimant seeks full reimbursement of the
stolen computer £1400 plus delivery costs
£10.81, plus interest
pursuant to Section 69 – County Courts Act
1984.Plus damages for conversion up to £250
in the court's discretion.

Thank you Bankfodder.

I have seen your edit in red and have removed it from the draft.

I have now saved the particulars on MCOL ready to send on the 19th April.

Evri sent me an email yesterday acknowledging the letter of claim as received.

They confirmed that the parcel cannot be located after conducting an investigation.

Still pushing me towards claiming via Packlink. Just the usual bumf in their email.

Edited April 11, 2023 by BankFodder
Edits in red

[BankFodder]

Please can you avoid making your posts in solid blocks of texts.

 

Properly space and punctuated please.

 

Makes it easier to read on small screens, especially such as telephones

[Mickdunee99]

Yes. Will do

Good afternoon all,

Just to keep you in the loop, I have officially submitted my claim to the court as of just now.

 

 

 

 

[Mickdunee99]

I had returned from a Center Parcs trip with the family on the weekend to find a letter from HM Courts and Tribunal Service.

 

Evri have filed an acknowledgement of service whereby they now have 28 days to file a defence against all of the claim.

 

The date on the letter shows the acknowledgment was lodged on 4/5/23 although MCOL shows it as the 5th.

 

I suppose it is a case of waiting for Evri to submit a defence to the court and then filling out a directions questionnaire?

 

If I have misunderstood, please let me know. 

 

Thank you.

 

 

[BankFodder]

That is exactly correct and it is completely in line with what normally happens in these cases

[Mickdunee99]

Good evening everyone, 

I have received Evri's defence in the mail today.

I have attached a digital copy of it to this post from MCOL. I have redacted certain bits such as claim number and claimant/defendant names.

Please can you review when you get the chance to and let me know your thoughts thank you.

I have also received a DQ (Directions Questionnaire) today with the deadline to submit to the court by the 5th June.

Evri Defence Form - Redacted.pdf

On my DQ, I have answered the following questions. Please let me know if they require amending.

A1. Do you agree to this case being referred to the small claims mediation service? NO

C1. Do you agree that the small claims track is the appropriate track for this case? YES

E2. Are you asking for the court's permission to use the written evidence of an expert? NO

E3. How many witnesses including yourself, will give evidence om your behalf at the hearing. 1 (Me)

The rest of the questions are fairly straight forward such as address, dates you cannot attend court etc.

Thank you.

[FTMDave]

Open.

[Mickdunee99]

Evening all,

Just wanted to provide a mini update to everyone following this thread.

The court has reached out to me via letter and has informed me that the court hearing will take place locally to me in High Wycombe and I will be contacted once again when once a date and time has been allocated.

Currently, I am just waiting to hear from the court. I will keep you all posted.

Thanks

[BankFodder]

Thank you. Yes as soon as you get the date then please let us know.

In the meantime, if you have done your reading you will know that one of our Caggers won a case precisely on the issue of third party rights. We have been trying to get a transcript for some time but there seems to be some difficulty.
If you would be prepared to apply for the transcript on your own behalf then we would reimburse you if you succeeded.

If you're happy to do that then please let me know and I will send the information needed to you at your email address.

Additionally, someone managed to find some interesting documents about Packlink's relationship to the delivery agents that they are working for. I will try to get you the link to that thread – but you would probably find if you had a look for yourself.

I think it would be very useful for you if you had a very close look around the EVRi website and also the Packlink website in order to discover information about how they view their relationship.

In the DPD one – I think it was DPD (if not it was UPS) on this site, our Cagger @StoneCross found some interesting references where it seemed that the arrangement between Packlink and DPD was that DPD would actually be responsible and their contract was directly with the sender.

It's a been involved in I haven't checked it out very fully yet – but maybe you could look around for this.