Court Claim issued against Evri for damaged phone/packaging.

[Andyorch]

If you did opt to continue  with the existing claim and for the benefit of other users reading, here is the process on filling separate particulars.

Serving Additional Particulars of Claim
If during step 5 of issuing the claim you state that you will serve additional Particulars of Claim, you must send the additional particulars to the defendant(s) within 14 days of your claim being issued. You should also send a covering letter to the defendant clearly advising that these are the extra particulars referred to in your claim form and quote the claim number.

You must file an ‘N215 Certificate of Service’ with the court within 14 days of the claim being issued. The certificate of service confirms to the court that you have sent the documents to the defendant. The certificate can be filed by post or preferably by email to mcolaos@hmcts.gsi.gov.uk. Please include the claim number in the subject line of the email.

A blank N215 can be downloaded from www.justice.gov.uk/forms.
The second page of the N215 explains how to calculate the ‘date of service’. Please note if the date of service is different to that of the claim form, then you should consider the later date to be the date of service for the claim. For further information please see Civil
Procedure Rule 7E.

 

[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

[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

[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

[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

 

[Reg21]

Ok. Yes will do. Thank you.

[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)

[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?

[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

[Reg21]

Ok, thanks, I'll post it tomorrow.

 

[BankFodder]

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

[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?

[dx100uk]

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

 

[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.

[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.

[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

[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

[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

 

[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?