Court Claim issued against Evri for damaged phone/packaging.

[Reg21]

I used Evri for delivery of a phone that I sold on ebay.
Outline of events:-
18th Apr 2022 – Parcel dropped off at parcel shop.
21st Apr 2022 – Got message stating your parcel has been damaged beyond repair. And as such not deliverable and to contact Evri.
23rd Apr 2022 – Spoke to ********* at Evri.
25th Apr 2022 – Received email with link to claim form.
26th Apr 2022 – Filled in claim form.
1st May 2022 – Received email acknowledging receipt of claim form and stating it will be assessed within 28 days and we will get back to you again once review is completed.
Received no correspondence.
3rd March 2023 sent letter stating the events and also stating I had provided information for the claim within 14 days and that I have not received any correspondence  since email of 1st May 2022. I asked to claim for £193.85 which I had to refund to the purchaser. I also sent the following information:-

1. Picture of my phone that I sold on ebay.
2. Document showing ebay sale of the phone.
3. Document showing refund to buyer as he didn’t receive the phone.
4-8. Documents showing evidence of phone not delivered and stating damaged beyond repair in transit.
9. Picture of front of drop shop receipt.
10. Picture of back  of drop shop receipt.
11. Email sent re:-can’t input tracking number.
12. Email received re:- Link to damage claim form.
13. Email sent re:- Can’ t provide photo’s – Evri has damaged package.
14.  Email sent re:- Can’ t provide photo’s – Evri has damaged package.
15. Email received re:- response acknowledging receipt of claim form.

17th March 2023 email reply offer of £20 + postage – because of level of cover.
21st March 2023 sent letter stating I do not accept the offer and would like the damaged phone/package returned or provide photographic evidence.
12th April 2023 email reply offer of £20 + postage – because of level of cover. No mention of damaged package or photo evidence.
24th April 2023 sent letter stating the facts of what happened again and also stating they have breached contract of carriage and now withholding my property from me. I asked for re-imbursement of £190 +postage + £100 for conversion. If no offer in 14 days I’ll start court proceedings.
3rd May2023 email reply offering £20 +postage.
12th May 2023 initiated small claims with MCOL. Certificate of service served 12/5/23
date of service 15/5/23.
Documents stated – Letter of claim and particulars – Documents and photos of evidence proving they had my phone/package in their system.
14th May 2023 Sent letter of claim – stating the facts and asking for re-imbursement of the £190 + carriage +conversion.
13th June 2023 – received documents – now a defended claim with their counter claim statements. 
Please see the attached counter claim documents.
I would like advice on how to now proceed and do I have a good case against what they are stating in their counterclaim.

Do I opt for the mediation route or the court route?

 

[Reg21]

Hi. 

Thank you for such quick response.

Apologies, I should have said that I have been looking at this group for a while, and reading the disputes against EVRi/Evri.

And also yes I should have asked earlier before proceding.

The dates I have put are correct - unfortunately I left it quite some time before following up on this matter.

I have hopefully sorted the document which I have now re attached.

DefenceCounterclaimcombined.pdf

[Reg21]

I could have described the timeline of events better, apologies.

When you state claim form, do you mean the pdf I've attached? This was to show the defendants counterclaims - is this not allowed?

I sent a letter for claim on 24th April, filed for court 12th May and sent another claim letter on the 14th May. Apologies for misunderstanding here. Is this wrong in doing it this way? 

[Reg21]

I will post the claim form tonight when have access to my pc.

[Reg21]

Please see attached claim form and all letters including letter of claim sent to Evri.

Court claim docs.pdf Letters sent.pdf

[Reg21]

Apologies, I forgot to add that the particulars that I referred to on the form were the documents and pictures of evidence of the transaction between Evri and myself for the carriage of the phone, the evidence of sale of phone and the refund to the buyer. These were sent before the notice was served - will this affect things?  I also emailed these to the courts email. Please see them attached.

Proof of phone sale and Evri claim-compressed_3.pdf

[Reg21]

ok thank you.

[Reg21]

Thank you for reading through the defence and advice so far.

The court fee I paid £35.

Will the last attachment I sent, which I referred to as the particulars I wanted to use and which I have already sent to Evri suffice as the particulars or do the particulars need to be other documents about this case? 

Many thanks.

 

[Reg21]

Thank you, points duly noted, I think I thought I'd grasped the main points of how it works but obviously I haven't.

I think it would be best at this point to lose the £35 and withdraw.

I do so want to get my head around this and not let Evri get away with this, but honestly don't know if I can cope with it at present as lots of other issues going on.

[Reg21]

Thank you for this. Yes I'll start to prep particulars.

It states on the letter/document that came with Evri's defence - that I need to respond by the 30th June ( whether I choose court or mediation).

If I prepare new particulars, get checked by yourself then send to Evri - do I also need to send to the court at the ccbc@justice? 

Do I need a response from Evri after sending new particulars prior to choosing court or mediation?

Is it too late now to send a SAR or is this not relevant now? 

[Reg21]

BankFodder - is this correct that a certificate of service ( with particulars of claim ) needs to filed/sent to defendant within 14 days of claim.

My claim was issue 15/5/23 so exceeds 14 days.

 

Edited June 21, 2023 by Reg21

[Reg21]

Is this ok for Particulars of Claim? and please see attached new Certificate of service - is this ok?

1.The claimant contracted the defendant to deliver a parcel to a UK address on the 18th April 2022.
2. Value of the parcel being £190.00, Delivery cost £3.85, Parcel number ........
3. 21st April 2022 Claimant received message stating parcel is damaged beyond repair.
4. 26th April 2022 Filed claim form with defendant.

5. 1st May 2022 received email confirmation of receipt of claim form.

6. The claimant is claiming reimbursement of the parcel to the value of £190, plus the delivery cost £3.85, plus £100 for conversion, plus Court fee £35.

Total claim being £328.85

Regarding Value of package/parcel, will proof of this value be required?

Will the ebay sale evidence suffice?

Regarding Conversion value,

is it required at any point to prove the value and how it is calculated?

If so, how is this achieved?

 

 

 

certofservice.pdf

[Reg21]

Ok. Yes will do. Thank you.

[Reg21]

That is great, thank you. Wasn't expecting reply till tomorrow.

Do I now need to send these particulars to the defendant?

And also send the particulars along with the Certificate of service to the court?

On the Directions questionnaire, Do I need to only complete parts A1 and B? And send this to the court now as well?

[Reg21]

Ok, thanks, I'll post it tomorrow.

 

[Reg21]

Ok, will do.

on the directions questionnaire - suitability for determination without a hearing - do I tick yes or no if opting for mediation?

If no, what are the reasons why not?

[Reg21]

Hi.

From the posts that I have read I haven't seen any examples of the directions questionnaire. I haven't read enough obviously. It sometimes takes me a few goes at reading through some of this material as it doesn't always make sense straight away and therefore takes me a long time.

Right, I will opt for mediation and fill in the rest of the form.

[Reg21]

Much appreciated. More reading over the weekend. I had read about the mediator pushing for settling for less on one case.

Posting particulars Monday as haven't been able to post. And email the court with the particulars, cert of service and directions Monday to.

[Reg21]

Documents sent off and emailed on Monday.

Received this email from Evri today.

Also please see their DQ attached file.

The claim number is wrong on the email and on the DQ. 

Dear County Court Business Centre,

Claim No.: K4QQZ90T4

Parties: ********* v Evri

We write in relation to the above referenced matter.

Further to the Court’s Order dated 13 June 2023, please find attached for filing, the Defendant’s Directions Questionnaire.

 We would be grateful if the Court could update its records accordingly.

 The Claimant is copied to this email by way of service.

 Yours faithfully,

 Libby

 Evri Legal Department                          

Defendant's Directions Questionnaire.pdf

[Reg21]

Just typo wrong - there's an extra Q where there shouldn't be one.

Indeed keeping what's legally somebody else's.

 

[Reg21]

Update.

Received this email from Evri.

WITHOUT PREJUDICE SAVE AS TO COSTS 

Dear **** ********,

 Claim No.: K4QZ90T4

 We hope this email finds you well.

 We write further to the above referenced claim made against Evri.

 We would like to take this opportunity to apologise for the issues that you have experienced while using our services. In this instance, Evri recognises that the services provided to you have not been in line with the usual high standards that are expected.

 We write with a view to settle the matter and as a gesture of goodwill with no admission of liability, on this occasion, Evri are willing to offer you £230.00 in full and final settlement of your claim.

 If you would like to accept this offer, please provide us with your bank account details, including the name on the account, at your earliest convenience and we will arrange for the payment to be made. Once bank details have been provided, please allow 14 days for payment to be received into your account.

We look forward to hearing from you.

Yours sincerely,

 Evri Legal Department

My costs so far without conversion are ( Item + P&P + court fee ) is £228.15.

My claim is for £228.15 + £100 for conversion - I opted for mediation so will therefore be rejecting this offer and waiting for mediation date.

Any opinions/thoughts on this?

 

 

[Reg21]

Great reply. I like it, but I think I will modify slightly and then email back to them. Thank you.

[Reg21]

I have a query here,

The statement, "You claim that you made a decision to destroy it because apparently the packaging was damaged"

They haven't claimed this decision was made to destroy the item, but the item was damaged beyond repair. 

They haven't stated what they have done with the item.

[Reg21]

Yes that works. Thank you.

[Reg21]

Had email today - mediation set for 14th September.