Evri “loses” c.£15k of goods

[Big L]

It says:

Case Stay Lifted on 04/08/2023

DQ filed on 04/08/2023

[BankFodder]

A stay? Did we know that was a stay?

[dx100uk]

DQ filed by who?

what date does it state yous and theirs were sent out and  filed?

copy the complete claim history here please.

as andy says thats because they found your DQ? and issued an else order to the defendant to file theirs.

until then the claim would have been stayed since their defence filing +1 month as they didn't get/register your DQ180.  their mistake.

you could  win this by default if they dont comply.

 

 

[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

[BankFodder]

I suppose it is too early to expect any news on this.

 

It has been going some time. How about starting another claim?

 

I'm afraid that there is so much going on I have lost track of where we are on this one and you will need to help me with this please.

[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!

[BankFodder]

Okay – best to wait in that case. I had forgotten that you had already issued two of them.

[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

[Andyorch]

Well if you have already asked them then not really ...if they get snotty then ask why do you ask the question on the DQ if your going to ignore it ?

[Big L]

Sorry I mean guidance for the actual mediation meeting 

[BankFodder]

What date has been set for the mediation?

The County Court people are very nice – but they are incredibly inefficient and although you have asked for a new date, don't be surprised if you have to chase this up. In fact if I were you I would be telephoning regularly to make sure that they have got the message and that they are allocating a new date.
Is there really no way that you can do the date which they have proposed? It might cause an additional disproportionate delay.

Also, you are asking about the argument which can be made in respect of their claim that you don't have a contract with them. Do we understand by this that you haven't done the reading?

[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 

 

[BankFodder]

Yes I agree that a new date would be better – but you had better keep an eye open.

It is perfectly possible that they will market up and not arrange the new date.

Keep phoning and emailing until you get an acknowledgement.

 

In terms of what to say the mediation, there are a number of excellent mediation summaries on the sub forum.

Look around for cases where the title has been altered to say that it has been resolved or settled or something and see if there is a mediation summary at the end of the thread.

There is no law which is particularly discussed in a mediation process.

Of course they will say that you have no contact with them. You have to reply that you are relying on the third parties act and that if they don't like it then there is no point to continuing the mediation and they may as well that the judge decide.

You can point out but there is already one judgement which confirms that the third parties act applies. Tell them that you will have the transcript in time for the trial.

Of course they will try to knock you down on the money. You should refuse.

At this point it will probably be worth pointing out that there are a number of other lost items and in respective one of them you have already begun a case and maybe they should consider settling everything instead of wasting everybody's time because it is all the same principle.

The important thing is not to give in. Not a penny.

Beware that you may come under pressure from the mediator. In that case the mediator is acting inappropriately and you can even tell the mediator that you don't appreciate the pressure they are putting. They are simply there as I go between. End of story.

Be tough. Be assertive. Don't forget this is your path finder for a number of other similar cases which you will be bringing.

This is practise for you. If you give way now then you may not have the resolve to continue with the others

[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!

[BankFodder]

I'm afraid that inflexibility doesn't surprise me.

What date is it?

[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? 

[BankFodder]

It depends on how it is expressed.

They won't backtrack once they have promised to pay you. However if I were you I would come right out and tell them that there are all the other claims which will be in the pipeline will soon and you are giving them an opportunity to sort everything out at one go at minimal cost to themselves otherwise you will be going to court one by one.

Emphasise that they are all separate tracking numbers. Separate contracts. Separate items and it's up to them having to play it.

[BankFodder]

To keep things in perspective – there is no point in compromising on anything – not even a penny. This is only a very small part of the total claim and you are simply testing the water. If you give up something now without dealing with all the other claims, then you are laying down a pattern for the future.

I think really this is simply your opportunity to bring to their notice that there are a load of other similar claims on the way and that they can deal with more now or in court at a time of your choosing when you decide to bring the claim.
Don't forget that you have six years from the date of their breach.

[Big L]

In for the long haul!

Thanks for everything so far