@EVRI 2 Laptop Parcels lost - Court Claim Issued

[hasfar]

Hi,

I've had 2 lost parcels since late last year. I have attempted to follow the advice on theses forums to the best of my ability.

I followed the letter of claim and have filed a claim using mcol - I have attached all the relevant documents for my claim including EVRI defence.

Mediation failed as EVRI contact was not reachable and court date and letter was issued. I request a change of the court location to my locality.

The court letter that I only received recently states that I must pay a trial fee of £346.00 - see pdf "court_date_letter_merged.pdf"

I am wondering in your opinion I have followed the correct procedure or did I possible miss something out?

Appreciate the time you take for reading my post.

Thanks,

 

claimform+Claimants defence+notice of transferpy.pdf

[BankFodder]

You have done things broadly right – but you could have made things a lot easier.

I'm afraid that your particulars of claim is not very clear and doesn't start off with the issues and one has to hunt to try and find out what it's all about and the values et cetera.

You make some suggestions to the prohibited items list but EVRi have not defended on that. Did they refer to that in respect of the laptops when you made your initial complaint? If they didn't then why have you mentioned in your claim?

Please can you post up your initial complaint and their response to it.

You have been aware of this forum  since February of this year. Why on earth didn't you come here first before you start getting involved in this? It only makes it more difficult for us to have to go through and unravel and sort things out for you


Please can you lay out exactly what happened in your own words – bullet pointed form – not too involved.

What we really want to know is, what you sent – whether they were properly declared?

Who you sent them to?
What was the value?
Was the value properly declared?

Did you purchase their so-called insurance?

Please make it simple – we are all volunteers we don't have time to go through a load of stuff

 

Finally, are you proposing to pay the trial fee and to go ahead or are you going to let it all go? Our recommendation is that you should pay the trial fee because it is most likely that you will get your money back if we help you

[BankFodder]

I see that the defences signed off by Judy Cobbett – her name has come up before. Another customer services/legal department person to do the EVRi bidding.

[hasfar]

Hi @BankFodder,

Thank you for your reply. I took your advice and have paid for the trial fee. I wasnt too sure If i'd win as you have mentioned I may have made this whole process way too difficult for me.

As for more information:

"Please can you post up your initial complaint and their response to it."

• I have attached initial claim email thread: "20221128 - Evri Lost Parcel"

"You have been aware of this forum since February of this year. Why on earth didn't you come here first before you start getting involved in this? It only makes it more difficult for us to have to go through and unravel and sort things out for you"

• I do apologse, I do not have a good answer for this, this is probably the biggest regret I do have.
• I did assume I was doing everything corectly - and reading the post I thought it best not to increase your already high workload as you do run a volunteer service here.

"Please can you lay out exactly what happened in your own words – bullet pointed form – not too involved."

• I sent 2 laptops (Pixelbook & Razerblade) - one to a buyer on ebay and one to a buyer on amazon, respectively.
• Pixelbook laptop was sent to be sent to a buyer in Greece using Parcel2Go. I sent this last year around Oct 2022.
  • I did pay insurance for this. Declared a value of £525.
  • Ebay charged me £538.38 due to something around the price was intially paid by buyer in USD.
  • I have now recieved the insurance money last month of £525. (one of the reasons I am unsure if judge will pass judgement as I have reclaimed this money back now?)
• Razerblade was sent to a buyer in London around Nov 2022.
  • Declared a value of £1400 - I did not pay insurance on this.
  • I have only recieved an amount of £20 compensation for this from Evri - as Evri state in the email thread "20221128 - Evri Lost Parcel" that it was not insured.
• After engaging with Parcel2go who intially stated that the Pixelbook was still in transit and Evri stated they lost/damage the Razerblade -
  • I thought I would be able to claim damages for both these parcels in dec 2022 - attached "Evri Letter of Claim - sent 18122022". 
    • their response was they are not responsible ref: "20221228 - Evri Executive Escalation"
    • I was attempitng to claim damages for the £1400 for the RazerBlade and the £538.38 for the Pixelbook
      • but i now see the error in claiming the damage for the Pixelbook may now be my issue as its higher than the declared value).

Apologies, if this reading format is too long. 

Evri Letter of Claim - sent 18122022.pdf 20221128 - Evri Lost Parcel.pdf 20221228 - Evri Executive Escalation.pdf

[BankFodder]

We would have advised you to claim for these separately – two separate claims.

When did you receive the insurance money? Before or after the letter of claim? Before or after you issued the claim?

 

 

I see in your claim form that you say that EVRi agreed that the item was "lost or stolen". Please can you post up the message from them which says that.

[hasfar]

Hi @BankFodder,

2 separate claims would have more sense thinking back on it now.

 

I received the money a few months after issuing the claim.

 

I dont think EVRI specifically stated that it was stolen - thinking back to it.

But I do know in the email thread they did say they couldnt find the parcel and then sent me a "lost" claim form to fill out.

Do you think because I stated that it could have been "stolen", this would effect the case as it is on me to prove so?

• I was making an assumption that since they couldnt find the parcels that it could have been "stolen" - during my research I saw some cases online where EVRi staff did do this.
• But I cannot see anything in the email thread that mentioned "stolen".

 

Thanks,

 

 

[BankFodder]

Ok at least you were justified in bringing the claim for both parcels. You will have to let them know that you have been paid out on one of them but when it goes to court you will probably be quite reasonable in claiming the entire court fee.

 

In terms of your claim that they said it was stolen, bringing a claim in the courts is a serious business and when you make claims which are untrue or you are not certain of then you undermine your own credibility..

By exaggerating the situation you simply hand an advantage over to the other side for no discernible benefit.

If they refer to that then you will simply have to concede the point that you don't actually know that it was stolen and that you misunderstood what they were saying to you.

Not a good position to be in. Please be more careful in future

[hasfar]

Thanks,

do i send Judy Cobbett AND the court evidence that the claim for one of the parcels has been paid out? And would an email suffice or would I need to present documents to both?

 

As for the statement for the "stolen" claim I will make sure not to press this point. Thank you for your help on this matter.

 

 

[dx100uk]

you can do all that at witness statement stage.

 

 

[hasfar]

Should I highlight in my witness statement that it was Parcel2Go that paid out for the first parcel ? 

Thanks

Would this witness statement be good enough for what I am disputing and not disputing?

Thanks,

 

Witness Statement draft 1.pdf

[dx100uk]

you've not even got allocation yet have you?

 

dx

[BankFodder]

When you produce your witness statement, you should certainly start off by saying that in respect of parcel number XXX for which the claim is value £XXX, you can now confirm that on XXX date – after the issue your claim – you have received reimbursement of £XXX and so that element of the claim is no longer in contention.
However you would point out to the court that you were obliged to begin the claim for the entire amount and the cost that you incurred in respect of the entire amount were reasonably incurred and were the natural result of the defendants contractual breach in losing the item.
Therefore you respectfully ask the court to make a finding that the defendants were in breach but that as you have been reimbursed for that, that amount does not need to be included in the award but on the basis of the defendants breach and that it was reasonable for you to bring the case, that you should still be awarded costs for the entire value of the claim

[hasfar]

@dx100uk are you referencing allocation to the county court?

As I have recieved a court date and the case has been allocated to the Small Claims Track.

Thank you @BankFodder, i have updated the witness statement.

For my court bundle would screenshots be considered as evidence of original documents? Unsure as some of the documents I have are screenshots or would it better to print a pdf of the webpage (this mayt be mote diffcult as I didi take screenshots originally)?

 

 

Witness Statement draft 2.pdf

[BankFodder]

Check my edit above in red

 

[hasfar]

When preparing a court bundle should i include EVRI's terms and conditions to highlight the following clause: 

Quote

6.4   We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6;

6.5   We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

Or would this work against me?

[BankFodder]

Include the terms and conditions by all means – but you don't need to highlight them.

[hasfar]

Thank you so much for your advice so far,

I have a few more questions:

• Parcel2Go also refunded me an amount of £21.76 for the shipping - I am going to include this in my witness statement to make sure I am not omitting anything.
• Additionally should I include any bank statment/transactions within my court bundle - so far I think I have included all the charges I am claiming damages for 
  • Should i also include the statements that show the refund payments by Parcel2Go (£525 and £21.76)
  • Should I also include the statement from EVRi for a claim compensation of £24.82 - I have already mentioned this in my Letter Before Claim ( i have attached this letter to my court bundle already)
• Lastly, I have taken transaction reports from Ebay to show the timeline and charges for the pixelbook Go (it came from a csv download) - i have attached this document to this post 
  • would this evidence be valid in the eyes of the court as it shows the timeline and how much I had to pay in refund 

So far my court bundle pages are exceeding 50 - am I going too overboard with this?

Refund £538.38 Transaction Report Pixel Book Go.pdf

[BankFodder]

No bank statements
you don't need to prove the refund payments. There is no dispute because you are admitting them.
Yes, include the attached document just in case.

Yes, 50 pages sounds excessive are small claim like this

[hasfar]

Thanks. I am cutting it down to get under 50 pages. Also do i need to file a N265 List of documents: Standard disclosure ? 

[BankFodder]

No. This is not standard disclosure. Standard disclosure is something completely different for more substantial cases

Where are you getting this from ?

Just follow our advice on putting together a court bundle.

Even 30 pages is probably quite a lot

 

[Andyorch]

N265 List of Documents Standard Disclosure is for Fast Track claims only (claims over 10K)

[hasfar]

I see, thanks for the clarification. Is this what the court bundle will look like and I think I should include my witness tataments on the front?

RedactedCourtBundle-compressed.pdf

[Andyorch]

Its your own personal choice but as that will be the priority document then yes I agree...the rest is just supporting document evidence.

[hasfar]

Thank you - just want to finalise the draft for my witness statement. Do you think Ive covered enough ?Witness Statement draft 3.pdf

Witness Statement draft 3.pdf

[hasfar]

Also, I asked judy.cobbett@evri.com f I could sedn these document by email? She has said thats okay but would you recommend I send the documents by post instead?