Evri lost £2200 returns parcel to Solace London- Insurance not purchased

[BankFodder]

Yes you should deduct it. 

 

I won't be able to read your PDF until tomorrow so standby for a response tomorrow late morning

[BankFodder]

Why are you pleading the party rights? I thought you contracted directly with EVRi? Or did you use some third party broker?

[CreamSoda2310]

No - I have updated accordingly…

Particulars of Claim Evri 1.pdf

[BankFodder]

Quote

Claimant: Claudia Hill
Dated: 24th July
Case No: 428MC444
Between: Claudia Hill and EVRi Parcelnet Ltd trading as Evri

Particulars of Claim

I, Claudia Hill, of 1 Nashenden Farm Cottage, Nashenden Farm Lane will say as follows:
15th April - Returned a parcel containing XX value £XX which I originally brought from the defendants, a clothing brand "Solace London" as they do not offer a return service,

New para  posted With Evri via their website using their "next day service" Tracking no C00HHA0354593287

New para No additional insurance cover was purchased as unnecessary under Consumer Rights Act 2015.

18th April - Tracked parcel status was at "On its Way" on 18th April 2023 even though it was due to be delivered on17th April 2023 and remained at this status

24th May - PA replied to confirm parcel was not found at depot and the parcel was now deemed to be missing and they would refund me £20 + the postage I originally paid

therefore the defendants are in breach of their contract to deliver the parcel.

25th May - £25.88 unilaterally refunded back to me

I am now claiming the outstanding amount of £2200 plus interest and costs.

 

STATEMENT of TRUTH
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Dated the 24th Monday of July 2023.

Signed: ________________________________

Claudia Hill

I suggest that you apply the corrections that I have made.

Also it should be in numbered paragraphs and properly spaced.

Once you've done that posted up here again.

[CreamSoda2310]

Thank you for the suggested changes.

 

please see latest copy Witness Statement Claudia Hill Evri Final.pdf

 

Particulars of Claim Evri Final.pdf

[BankFodder]

21 minutes ago, CreamSoda2310 said:

Particulars of Claim Evri Final.pdf 85.36 kB · 1 download

This is fine.

59 minutes ago, CreamSoda2310 said:

 

please see latest copy Witness Statement Claudia Hill Evri Final.pdf

What is this. I can't open the file

[CreamSoda2310]

Thank you.

 

sent off this morning 

[CreamSoda2310]

Mail just received to say Evri deadline has been extended 29th august 

[BankFodder]

Thank you. No surprises. They always manage to get it in at the last moment

[CreamSoda2310]

Update - they have requested mediation before proceeding to court.

Based on other cases I have read I should accept? 

[BankFodder]

Please monitor this thread for a reply this afternoon

Have they filed a defence? And have you posted it here in PDF format

[CreamSoda2310]

Attached their response here 

428MC844-claim-response.pdf

[BankFodder]

I'd like to start off by saying that it's a mystery to me why we have to prompt you to post documents which you have received. We are trying to help you and it is clear that we will need to see this information and it saves time if you just post it up without being asked.

As you can see in their defence, they have referred to your undervaluation of £999 – and I think I have already expressed the view that it is unlikely that you will manage to recover more than that.

It is clear that you will recover something. Your case is excellent of course because as we know, the insurance requirement is Unlawful under Section 57 of the Consumer Rights Act. Had you found some way of declaring value correctly then your £23XX would have been pretty secure.

I think if you go to mediation then the best you can hope for is that they will settle for £999. I would be very surprised if you manage to budge them beyond that.

If you go to trial then you can certainly argue the full amount. I think the worst that would happen is that the judge would find in your favour but only award you your £999. If you manage to make a sufficient case then you would get all you are claiming for – and we would certainly help you – but I've already expressed my reservations about your chances of success.

So I think it's up to you. If you think that you are prepared to settle for the £999 which is what I think you are definite get a mediation and is what I think is the likely outcome at trial then you could go to mediation.

Certainly, 1300 quid is a lot to give up and so you might well want to try your luck at trial and we will try to help you with inventive arguments and of course we will be extremely pleased if you win.
If you go to trial – I think there is nothing to lose, you will get your £999 – that much is almost certain – with some ingenuity you might get.

You choose

[CreamSoda2310]

Thank you for the advice and reading through the document.

I decide proceed with the trial will I have to pay any further fees please?

also if I do decide trial is the route I want to go down, do I still accept the mediation call to show willing please? 

[BankFodder]

You can certainly try for mediation and hangout for the 2300 and simply put your heels in and refuse to back down.

That way you wouldn't incur any trial fees. If the mediation fails or if you go to trial then you will certainly have to pay hearing fees equivalent to a claim for £2300. If you only win £999 then the cost you will be awarded will reflect a claim of that value. In other words you will lose a certain amount of your claim fee because you will have claimed more than you will have been awarded

[CreamSoda2310]

Make sense. I think I will try that route. 
 

Accept mediation not settle any less for my full claim and if they decline the I will go to trial.

I will now prepare notes for mediation and post them up here.

[BankFodder]

There are several cases on the sub- forum where people have gone to mediation and have written excellent summaries. You will have to hunt around a bit but it will be well worth your while.

[CreamSoda2310]

Thanks for the heads up I have gone through previous post.

 

Mediation notes - please could you provide feedback....

 

On 15/04/2023 I returned items to Solace London of a total of £2200 using the defendant's next day service.
The parcel never arrived at the destination and the Defendant accepts that the parcel is lost as it was last tracked at their depot.

I am pursuing the defendant as I am entitled to do under the Contracts (Rights of Third Parties Act 1999).

The defendants are failing to reimburse me for items on the basis that I did not purchase their additional insurance cover.

The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

I am claiming for £2200 + interest per section 69 County Courts Act 1984 + court fees, which is due to Every unilaterally giving me £25.88 of small compensation already.

Dispute:  Did not purchase insurance

The courier industry insurance requirement is a very clear attempt to deprive me of statutory rights unless I pay an additional fee.

The rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. This is an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015

Repeat: The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

Dispute: Proof Evri knew the £ value of the items

I can prove the package was the exact same weight as when it was delivered to me via DPD

Dispute: Why I am not settling for an offer

I do not wish to waste the courts time and our time but I'm not here to compromise on my rights. The compromise is that we don't have to drag this out to court. I am under no obligation to accept any partial settlement.

 

Are there any other arguments or disputes you can think they may raise that I should prepare notes for please?

[BankFodder]

There won't really be much of an opportunity to advance all of these arguments on the mediation process. Their main position will be that you don't have a contract with them and so they will offer you some compromise.

Stand your ground – decline the offer. If they want to offer the whole lot then it's a done deal. Otherwise then it's off to trial.

There really is nothing else to say

[CreamSoda2310]

Thank you, will update you once I have completed the call

[CreamSoda2310]

Hoping you can help!

 

I received an email to notify me that the claimant had responded so i logged in online where it advised me the claimant was requesting a mediation call we gave me an option to accept and submit which I did so.

 

I haven’t heard anything back since then so I have logged in this morning and it states my case has been closed because I did not respond, I just sat on hold for 2 hours until I finally got through to which he advised me I will now have to log a N244 form to reopen then case which will cost me £108 and then I can submit a complaint regarding the IT glitch. 
 

how can the system just be reliant on the online response if it doesn’t work correctly?! I received no letters either.

 

do you have any advice please? 
 

didn’t think this could get anymore stressful than it already is!! 

[AndyOrch]

If you filed and served a directions questionnaire N180 on time a claim cant be stayed.

[CreamSoda2310]

I was never provided with a questionnaire just the option to accept mediation 

[dx100uk]

you are on the new system.

[CreamSoda2310]

Is my only option to pay the £108 to reinstate the claim please?