Court Claim issued against Evri for damaged phone/packaging.

[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

[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.

[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

[Reg21]

Yes that works. Thank you.

[Reg21]

Had email today - mediation set for 14th September.

[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?

[Reg21]

Yes, initially I had the usual response of only going to receive £20 refund as not taken out extra insurance. 

There is no 3rd party issue as I dealt directly with Evri, no Packlink etc involvement.

There has been no photographic evidence of damaged beyond repair parcel nor have they managed to locate said parcel to return. 

[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.