Court Claim issued against Evri for damaged phone/packaging.

[BankFodder]

Please monitor this thread for a reply tomorrow.

Meanwhile, make sure that you have read as many of the stories on the top forum as you possibly can. We're talking about two or three dozen over the next couple of days

 

Also, I'm not too sure what is going on here. You said that you sent the phone at the beginning of April and then eventually you revert to March 2023 in respect of various responses that apparently they made to you.

Please can you have a look and sort this out.

Also, you seem to have posted up a multipage document in separate files. This is unhelpful.

Please will you repost the document in a single file multipage format.

Finally, you refer to the tort of conversion. This will probably be the correct thing to do but that indicates that you have been around this forum for a fairly long time because we are the only place where you will receive this kind of advice.
Why didn't you come here earlier before launching into this action

[BankFodder]

And incidentally we would recommend very strenuously that you decline mediation and insist on going to trial.

[BankFodder]

Firstly, my mistake – I hadn't appreciated that we were dealing with the claim from last year. I now understand that all dates are correct.

Secondly, you have put up your claim form. Is there a reason for this?

 

Also I have just noticed that you say you issued the claim on 12 May and you then went on to send a letter of claim two days after that on 14 May.

How does that work?

[BankFodder]

We need to see the claim form. You must have started the action presumably using MoneyClaim online and you would have completed a claim form setting out the details of your claim.

We want to see this in PDF format.

In terms of the clear lack of understanding you have of the process, you had better start reading up on the stories on this sub- forum – lots of them. Also start reading up on the steps involved taking a small claim in the County Court.

Let's see the claim form now please

[BankFodder]

3 minutes ago, killerscan said:

You only paid for £20 insurance cover, i dont see how you can expect more.

Of course it is precisely because of this argument that millions of people every year are swindled by the parcel delivery industry into taking out a sort of bogus insurance or giving up their consumer rights.

 

[BankFodder]

Thank you. And your letter of claim please.

I think it will probably be a good idea if you got all your paperwork in respect of this organised so that it was all at hand

[BankFodder]

Thank you for posting up the claim form.

I noticed that you haven't included your particulars of claim there but you have indicated that you will serve them within 14 days. Where are they please?

 

[BankFodder]

Well it could affect your case badly. I haven't read in detail the defence but have they said anywhere that you haven't actually outlined your case?

You refer to conversion but you haven't explained how it happened.

It isn't clear how your claim total is calculated.

You might end up finding yourself in a position where you would have to withdraw from the action and sacrifice your court fee and then begin again.

I will have a closer look at the defence tomorrow

 

 

[BankFodder]

So you have received a defence from EVRi and which is signed off again by Judy Cobbett.

It's the usual poor quality stuff from EVRi but even more extraordinarily, you haven't supplied your particulars of claim – she actually asks for your particulars of claim and then goes on to plead a defence to some imagined set of particulars.

Quite frankly between you and her, you are both making a right mess of it.

She works for EVRi and I suppose that means that she doesn't have much of a chance but you have had a particular advantage in that you have been on this forum for a considerable period of time and apparently reading the stories on this sub- forum although clearly they have made much of an impact on you and then you decided to go it alone.

How much you paid for the claim fee here?

I'm really considering what the best option could be.

You can either put together your particulars of claim and then send it to them as you have undertaken to do in your claim and as they are now asking to do in their defence, or you could simply withdraw from this claim but you will lose your claim fee and then begin again properly.

Whichever you decide to do, you will have to put together a particulars of claim and you had better do that now. Let's have a look at it

of course there is the added complication that once you supply them with the particulars of claim they will then be entitled to file a further defence.

 

[BankFodder]

Not really

[BankFodder]

It's pretty clear that you haven't done much reading even though you say that you have been hanging around the forum for some time.

I suggest that you spend the next three or four days reading up on the many stories on the sub- forum so that you understand what you're doing and also you'll see lots of references to particulars of claim and some examples.

It is all going to get so complicated I'm really wondering whether it is simply worth your while sacrificing the £35 and starting again.

[BankFodder]

I think you should begin by preparing your particular to claim you need to do anyway.

There isn't any urgency good to Withdraw. It could be done next week.

Seeing as our Judy has gone on to mount a defence, then you should try giving them your particulars of claim and then going to mediation.

Up until that point you won't incur any further fees.

After that, if the mediation fails then we may have to deal with your errors. That might be the time to withdraw and begin again.

Don't try to shortcut this. Do the reading that I have suggested and then put up your particulars of claim here so we can see.

 

[BankFodder]

You will need to get a certificate of service for the particulars of claim

Choose mediation on the directions questionnaire

[BankFodder]

Yes that is correct but seeing as it is all mucked up anyway, you may as well do your best.

Send the particulars of claim. Do the certificate service and opt for mediation and see what happens.

You're not incuring any further costs until that point at least

 

Also, if you have to withdraw and beginner again you will need this particular's of claim so it won't be wasted

[BankFodder]

You haven't alleged the conversion.

Standby for a further response tomorrow

[BankFodder]

I won't be able to deal with this until the weekend.

Spend your time reading. There is ample time to sort this out

 

[BankFodder]

On 21/06/2023 at 19:46, Reg21 said:

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

Breach of Contract and Conversion

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 XXX
3. 21st April 2022 Claimant received message stating parcel is damaged beyond repair.

The claimant requested the return of the parcel. The defendant has failed to respond and it is clear that the defendant declines to return the parcel

the defendant is responsible for damaging the parcel and this is a breach of their obligation to exercise reasonable skill and care.
The defendant's wilful failure to return the damage parcel to the claimant is a Conversion under the Courts (Interference with Goods) Act 1977.

The claimant seeks reimbursement of the parcel which is put into the care of the defendant.
The claimant also seeks damages in respect of the defendant's Conversion in that they have wilfully failed to return the parcel – maximum £100 in the discretion of the court.

 

Total claim up to £328.85 – (£XXX plus £100, Conversion in the discretion of the court)

[BankFodder]

Of course you need to send them to the defendant – how else would they get to know about them. Fill in a certificate of service. You can send a copy of that to the defendant as well although it is not necessary.

You can send a copy of the particulars to the court and a certificate of service

[BankFodder]

Put the claim number at the top of each copy and also on the email

[BankFodder]

10 hours ago, Reg21 said:

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?

I would have hoped that you would have done sufficient reading by now that you wouldn't need to ask these questions.

This is a self-help forum but it depends on people having done a thorough reading and being well prepared in advance of starting the claim – not simply picking up the pieces as you go along

[BankFodder]

In terms of suitability for mediation, I thought we already made it clear on this thread that normally we would advise against mediation – but given the way that you have handled this case so far and the difficulties with missing documents et cetera, – that the prudent thing would be to go to mediation and see what was said there and maybe get it settled at that point.

Frankly if they settle at mediation then in my view you can count yourself lucky that you are dealing with such incompetence.

[BankFodder]

There are lots of references to directions questionnaire is and a huge amount of advice.

Also there are some excellent summaries about what to expect if you go through the mediation process. Beware that you will come under pressure not only from EVRi but also from the mediator to compromise on your rights.

[BankFodder]

If at mediation they don't object to the missing/late submission of the particulars of claim, then they can be taken to have accepted it and then we can continue as normal to trial.

They will certainly put their heels in on the damages for conversion – but it is absolutely clear that they have contacted you about damaged item and now they are declining to show it to you or to provide you with any evidence of its damage.

There is no doubt in my mind that it has been stolen and somebody has simply marked it up as damaged instead of lost.

It would have been much easier for them to mark it up as lost

[BankFodder]

The claim number is wrong???!!

Just a typo wrong – or just Wrong?

[BankFodder]

And I see that this DQ is signed off by somebody called Libby Haigh  https://www.linkedin.com/in/libbyhaigh/  another EVRi paralegal who it seems is to have experience with a real firm of solicitors and is now working to deny EVRi customers their claims