Evri “loses” c.£15k of goods

[Big L]

Hello, 

Had the defence from Evri in the post today. There is 20 bullet points but a lot of them are jagon. Do you want them all? 

To summarise:

1.There is no contractual agreement between me and Evri
2. The agreement is between me and SendCloud
3. They deny they are liable for the loss as there is no breach of contract between me or them
4. I should desist with this claim and contact Send Cloud

 

[Big L]

Attached

2023.06.15 - Defence.pdf

[Big L]

I have to submit the small claims questionnaire form by the 30th June which seems to be about setting a time and date for a court hearing and I have some questions if you could advise? 

1. I am going to say yes to whether I want mediation. Just want to check this is correct?
2. Is there an example case you can link to where the defence has been no contract with Evri? The ones I am reading are mainly about no insurance. 

Thanks

 

[Big L]

Still waiting on a response from the last form I did. I had until 30th June so may hear back soon

[Big L]

Called for an update and on the 4th August they have attached my file that I sent in to the case. They say they are still waiting to hear back from Evri. The court said they have submitted a sanction order to them but the court is behind so they dont have any update from there.

[Big L]

They need to fill out the Directions Questionnaire (N180 form) which essentially asks them if they want to mediate and any dates they cannot attend court. 

I asked on the phone about the sanction and she said she couldn't tell me anything other than one has been issues. She reminded me that she wasn't legally trained so I left it at that. 

[Big L]

They had the same deadline as me which was 30th June. I am in email correspondence with someone now so have requested a copy of the sanction. I will update you when I hear back.

[Big L]

It says:

Case Stay Lifted on 04/08/2023

DQ filed on 04/08/2023

[Big L]

I dont really understand it to be honest! The below full list. There is another box but the CC said they never received my DQ for that one so asked me to send it via email today. 

You submitted a claim on 09/05/2023 at 19:07:08

Your claim was issued on 10/05/2023

EVRi Parcelnet Limited filed an acknowledgment of service on 22/05/2023 at 12:05

A bar was put in place for EVRi Parcelnet Limited on 12/06/2023

EVRi Parcelnet Limited filed a defence on 12/06/2023 at 12:05:24

DQ sent to EVRi Parcelnet Limited on 13/06/2023

Case Stay Lifted on 04/08/2023

DQ filed on 04/08/2023

[Big L]

Still nothing back, they did say they had a backlog. 
 

My only concern with starting another one is that their response to the first two was that the booking were made through Send Cloud and not directly with them. Happy to be guided by you though!

[Big L]

Just had an email with a date for mediation but its on a date that i put on the form that I couldn't do so i have asked them to rearrange. 

Is there any advice you have for this process? Any laws I should quote, knowing that they are going to say I didn't book it through them so they have are not liable etc

[Big L]

Sorry I mean guidance for the actual mediation meeting 

[Big L]

It’s been set for the 14th September but I’m abroad on holiday and the set time is in the early hours of the morning.I mean I guess I could do it but would prefer a new day - especially as I specifically said the dates I can’t do!

No, I did all the reading at the start of this. Im just asking if you have any specific advice for this process. I assume there are some mediation docs on here so will take a look.

thanks again 

 

[Big L]

So they wont move the mediation. They said I can cancel and it will go to the local court to decide on the next steps so i am just going to have to suck it up and do it on holiday!

[Big L]

14th September.

Read a few posts on here today in prep for the meeting. Will go over my notes while sat by the pool haha!

Given that the total of my claims are going to be £15k, I assume if they agree to pay me in full for this one and then i bring up the rest, will they back track on their offer and want to go to court? If so, is it worth me not mentioning it and just do each box separately? 

[Big L]

In for the long haul!

Thanks for everything so far

[Big L]

Sorry I could not update the thread sooner - I was on holiday and the IP address to this site was blocked. 

I had an email the day before mediation to say that it was cancelled as Evri had not provided any contact information. I have also had a letter which says the case will now continue at the local court and I should follow any instructions they have given - but I am yet to receive any.

Will see if anything turns up this week 

Edited September 25, 2023 by Big L

[Big L]

A few weeks ago I had a letter from the court to say I will be sent a date for court for box 1 but still waiting. 

Just had to mediation booked in for box 2 on the 2nd November - assume they wont turn up again.

Edited October 17, 2023 by Big L