@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

[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

[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,

 

 

[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.

 

 

[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

[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

[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?

[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

[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 ? 

[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

[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?

[hasfar]

Thanks, I will make sure that the read receipt is available before sending them the documents.

Also just for my sake, if evri should argue that the item were laptops and are on the prohibited item list would this affect my claim or arguments in court?

[hasfar]

Yes both parcels were declared correctly.

Its just I re read my letter before claim and I stated "As on two separate occasions my goods were never delivered and never returned to myself. Thus, the fact that the items were laptops has no bearing on the fact that it has been lost or stolen and therefore the prohibited items list is unfair and therefore unenforceable."

Just wanted to know if this would hold up as an argument. Sorry just trying to make sure I am covering all bases if I need to refer to anything else I said. 

 

[hasfar]

Thank you for clearing that up, I will keep it in mind but try to focus on the main argument at hand.

I will send the documents to the court and defendant next week and keep you updated on anything else.

Take care

[hasfar]

Hello,

EVRi has replied with their court bundle - however, Ive only just got some time to read it and ive noticed a few things. 

They said that I contracted both parcels through Parcel2Go but it was only one of the parcels. And they are highlighting the fact that I did ( send a Letter before Claim to Parcel2Go but I do remmebe doing this after I sent a letter to EVRI. The only reason i did this was becasue I wasnt getting any response from Parcel2Go and out of frustration I did so. Does this affect my argument case - since the parcel from Parcel2Go is technically not in dispute I should hope not.

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

 

 

LTR to Crt- Requesting hearing on Paper - REDACTED.pdf EVRi Signed Bundle REDACTED.pdf

[hasfar]

I have sent an email to the mediation team who dealt with my case. 

As I cannot see any document from the court that specifically state this. As well my call history only has 2 calls from a private number on the date and time of my mediation appointment and they both lasted 2 mins. 

[hasfar]

Sorry for the confusion I thought there was some letter that stated they didn't turn up but I was mistaken.

Yes I took the calls - the length of both the calls took 2 minutes altogether. But I don't have any caller ID or transcript to go along with those calls. Apologies for any confusion again. 

[hasfar]

Yes, so going off my memory.

I took the first call the mediator confirmed my identity and explained that he will attempt to get in touch with the defendant. And then contact me back to begin mediation.

The second call came after 15 mins. The mediator confirmed that he attempted to get in contact with defendant 3 times and was unable to.  Then said I should now await correspondence by email/letter about further details about my case. 

Few weeks later my case was transferred to court. 

[hasfar]

Thank you both for your reply. 

I'll prepare the letter this evening.

Should I also include that only one parcel was from parcel2go. And the other I bought through Amazon seller central. Which is contradictory to their witness statement that cites both parcels were purchased through Parcel2go. 

Thanks 

[hasfar]

Thanks should the letter look something like this? Also should i state something at the end of it like -

"as the claimant I believe i have brought proceeding against the correct party responsible"

Claimant's Reponse to Defendant's LTR to CRT REDACTED.pdf

[hasfar]

Thanks @BankFodder, when i send the letter - would it be appropriate to send to the court and cc in EVri and the mediation team? So the letter will be attached to this email body:

Quote

I write this in relation to the Defendant's letter to request hearing on paper. 

 

I have attached a letter to this email regarding claims made by the Defendant about mediation.

 

The Small Claims Mediation Team have been copied into this email.

The Defendant has been copied in by way of service.

 

[hasfar]

Hello,  Sorry for the late update. I went to court and judge ruled in my favour and I have claimed against EVRi successfully for the full amount (minus any compensation already paid to me). Thank you guys for your help.

The Judge has given them 21 days to make payment. As soon as I recieve payment I will be sure to donate to this forum for all your help. 

Thank you again.

 

[hasfar]

Hi,

EVRi did not turn up to court.

I am still awaiting letter from the court regarding this. I am going to get in contact with them next week.

I will email you with further information.

Thanks

[hasfar]

Thanks for confirming the email.

So, I am going off my memory and a few notes I had written down.

The judge mainly asked questions around:

1. What legal argument I was referring to (Third Party Rights Act 1999), and if I had made this clear to EVRi prior to the claim?
2. She looked into the value of the claim of every item of cost incurred to myself, and I think I justified that the costs were incurred due to their negligence.
   1. This included showing when the shipping was ordered and its cost, as well as the potential sales I would have received if the parcels were not lost.
   2. The tracking of the items.
   3. The return cost incurred to myself.
   4. Postage cost for sending a Letter Before Claim (LBC) - after they refused responsibility.
3. She asked how I ordered the shipping - did I choose EVRi from a list of vendors?
   1. I showed a screenshot of the P2G ordering process where EVRi competes for a low cost and quick delivery times.
4. How did mediation go between me and EVRi? We discussed:
   1. Email correspondence.
   2. Initial compensation offered.
   3. EVRi not turning up to the mediation service.
5. We briefly discussed the insurance - why did I take the insurance on one parcel and not the other.
   1. I responded with the fact that the international parcel had insurance, but I believed the other parcel, which was to be sent from London to London, didn't need insurance.
   2. I also highlighted previous judgments made about the unfairness of insurance liability.
6. We then went through EVRI's evidence bundle - specifically the T&C's of Parcel2Go.
   1. I stated that the terms did not specifically limit liability to the Contract 1999 Act.
7. The only other thing we discussed was the Letter before Claim I sent to P2G. She asked why I sent a LBC to P2G.
   1. I explained that during this time I was frustrated and unsure how to take legal proceedings.
   2. Additionally, I believed sending the letter before claim to P2G would help them confirm the whereabouts of my parcel, as they were adamant it would get back to me (after being in transit for 4-5 months).
   3. I justified that I only took legal proceedings against EVRi in the end because they were my chosen carrier in both cases. I also explained that it took issuing a claim against EVRi to confirm that the parcel was lost and then P2G gave me my insurance claim.

The summary of the judgment points were:

1. EVRI initially did not believe that I had a direct contract with them, and thus, I had wrongly claimed against the wrong party.
2. The judge agreed that the Third Party Act is enforceable, and therefore, it is EVRI's responsibility to pay the claim.
   1. EVRi can claim against Parcel2Go for any cost incurred, but as I am the consumer, they cannot limit liability to myself.
3. They did not deliver a service with responsibility and care under the Consumer Rights Act 2015.
4. The judge may have also brought up the Unfair Contract Terms Act (I forgot the specific act name), but I don't remember if this was specific to the Consumer Rights Act or not.
5. The full claim amount was rewarded (minus any monies I ahd already recieved), and she allowed me to claim 8% interest on the damages, only from the date the claim was issued.

 

 

56 minutes ago, BankFodder said:

if you are referring to contacting EVRi next week – I would suggest that you leave it until you get a copy of the court judgement. The court has given them 21 days to pay. I would allow this time to elapse. Our previous experiences that they are pretty good at paying quickly but if by chance they don't pay then I would suggest that you put High Court enforcement officers in for a very quick and dramatic enforcement.

We will help you do this. It will cost you about £60 but you will get the money back.

I was talking about contacting the Court as its been 7 working days and I have yet to recieve any letter about the hearing/judgement. Also thanks for that information I did not know about the High Court enforcement officers - lets hope it does not come to this.