Court Claim issued against Evri for damaged phone/packaging. - **Paid**

[BankFodder]

You are absolutely correct to take the stance which you are proposing.

Standby for a further response later on and we will deal with a letter in reply to them

[BankFodder]

Quote

Dear Sir/Mdm

Claim number K4QZ90T4

Thank you for your email dated XXX offering me a partial settlement of my claim for your breach of contract plus your conversion of my mobile telephone.

The answer is No – and don't try to bully me with threats of costs in a small claims process.

You have failed to deliver the item or to return it to me apparently on the grounds that the packaging was damaged.
As you know, you have no right to do this and I am not surprised that you are trying to avoid a court process.
I have already indicated that I am prepared to go to mediation but you had better understand that this is simply to save the time and trouble for the court on a case which is absolutely obvious.
When we get to mediation I can assure you that I won't be prepared to give up a single penny of my claim. If you aren't happy with this than I suggest that you withdraw from the mediation process, stop wasting his time and that we go directly to trial.
This letter will be shown to the judge when we get to trial.
I think everybody will find that it is incredible that you know who the owner of an item is, that you refuse to supply evidence of alleged damage – no photographs et cetera – and then you take it upon yourself to Convert it by not returning it it without reference to the owner.
Of course this didn't happen. My mobile telephone was probably stolen – but we will enjoy hearing you trying to convince the court with your "damaged beyond repair" story – under oath. And then persuade the court that you had the right to Convert my property and then dispose of it.

If you want to avoid any of this then simply pay the entirety of my claim or return my property but please don't waste my time otherwise.

Believe me

Signed



 

If you don't have the taste for this kind of abrupt response then modify or pad it out to make it look more polite and then send it.

 

Edited July 31, 2023 by BankFodder
Edits in red

[BankFodder]

Then modify the sentence accordingly. You could say that you have informed me that the packaging was damaged and consequently you have not returned to me.
Does that work?

[BankFodder]

In fact I have just edited my suggested letter – the edits are in red

[BankFodder]

Good. I hope you won't give up a single penny – including the damages which are claiming for the conversion.

Can you remind me as to the other issues – to save me going back through this. Is there an insurance issue? Is there a third parties issue?

[BankFodder]

Okay well the mediation should be straightforward but I can assure you that the sticking point will be the damages for conversion.

You are absolutely entitled to damages for conversion but you can be certain that EVRi won't like it and I suspect that although you will be able to beat them up to the full value of the reimbursement, you will have to go to trial for the conversion damages.

Of course it's up to you if you want to give way on the conversion damages. As you can imagine we will be very happy if you go on to trial and then win.

[BankFodder]

There are all already four judgements on the insurance issue against them and I'm sure they don't want any more. The insurance scheme for EVRi alone is probably worth £3 billion or £4 billion per year. I estimate that the whole industry is probably making over £8 billion per year on an insurance scheme which is contrary to section 72 of the consumer rights act as a secondary contract.
The insurance product the selling is also unauthorised and unregulated under FCA and PRA regulations. Very naughty.

We have found that once EVRi have agreed a settlement figure, that the money arise very quickly.

 

[BankFodder]

Yes it is underhand – but the whole industry does it.

All of society accepts it. Even if you go to consumer experts in the Times and the Guardian et cetera they will tell you that you need insurance. Which magazine tells you need an insurance. Citizens advice tells you you need insurance.

I tried asking an AI bot recently and it told me that I needed insurance.

Yet we have four judgements and other authoritative advice that it is contrary to section 57 and section 72 of the consumer rights act.

And of course EVRi and the others have settled hundreds of cases at mediation rather than go to trial on this issue.

It's not the only industry selling duplicate rights. Of course PPI was the big one – but that has come to an end.

Extended warranties do exactly the same thing.

People who buy a car with a three month warranty or a one year warranty are effectively accepting duplicate rights.

Of course the really insidious thing is that people who buy these guarantees and buy this insurance and buy these extended warranties then believe that when these guarantees et cetera have expired that they no longer have any rights so they go away and suck it up.

That really is the real-world evil effect of it. In that it this empowers people, removes their awareness/consciousness of their own rights and encourages a culture of accepted mediocrity.

[BankFodder]

Yes thanks for the update.
If you're able to visit here from time to time and maybe help other people then that would be great. Even better, if you went to the Facebook EVRi groups and help them and if they are in trouble suggest they come here then that would be excellent.

There are at least 40,000 people on the Facebook groups and the advice they give each other is for the most part very lukewarm and often wrong. You have to be careful of the administrators of those groups and it is best to let them know in advance that you would like to post advice and maybe recommend that they come here. Otherwise they feel that somebody is treading on their toes.

Anyway thanks for the update and thanks in advance for the donation