Evri - Ebay Laptop became “separated from packaging” PAPLOC Issued - next?

[amberastor]

 I wonder if anyone can help?

I’m so happy found this forum I’ve been reading and re-reading 2 weeks now.

I sold a laptop on EBay and sent to buyer next day delivery.

After a couple of days contacted Evri and they said it was “lost”, they opened an investigation and said they’ve searched the hub it’s lost.

Over a period of around 10 days I demanded an explanation as parcel was registered at hub and sorting centre “we have exhausted all our investigating's into locating your items but as they have become separated from the packaging we have not bee able to locate them and when the empty packaging arrives at the hub it was disposed of as this our procedure regarding empty packaging.” 

Evri threw away the packaging it took over 10 days to tell me this. I requested a photo and no luck.

So far I have 

Requested a SAR 30/6/23 - they responded today and are “processing my request”

sent a letter of claim via email and post 29/6/23 - haven’t heard anything back but I’m prepared to push the button and go to court.

ive also obtained cctv footage of me handling parcel which was wrapped securely and I also have cctv of the Evri driver picking parcel up. 

Evri have offered me £25 which I declined,

I’d very much like my money back in full.

I believe that the laptop was stolen as there is no way the laptop could “separate from the packaging” unless excessive force was used it was taped up all over.

I wonder if I should put a torts claim in?

I’m going to fill in the MoneyClaim form tomorrow.

Is there anything else I can do? 

Thanks in advance 

Amber

 

[dx100uk]

you cant file MCOL till day 14 unless you said otherwise on your letter of claim on the 29th?

post up your POC here 1st.

 

dx

 

[amberastor]

Hi thanks for getting back so quickly.

I havent filed Mcol yet but thought best to have filled out ready.

I haven’t sent a POC, however, I’ve sent many emails, many refusals of compensation (£25)

I sent letter of claim and requested a SAR.

Briefly, how do I set out a POC?

Will look again on threads too.

Have read a lot so surprised POC escaped me. 

Evri got back to me saying I didn’t take out compensation (as if they would ever compensate more than the £25) and that my laptop is on the prohibited items list as “the screen can get broken”.

They accept they had my laptop and it become lost/opened in their possession.

I’m at a loss what to do as the eBay have clawed the money from my account I’m not in a great financial position at the moment. 

I will post my letter Claim letter and SAR tomorrow morning as easier on laptop.

You want me to provide everything in PDF right?

thanks again, I really appreciate everything you do! 

[dx100uk]

you dont send your POC to evri , you do that via the MCOL court website.

so, to date you've NOT sent Evri a letter of claim? giving them 14 days before you start a court claim via mcol?

either i've misread you or you are using the wrong terms....>??

you'll see the process in nearly every evri court claim thread here.

 

 

[BankFodder]

6 hours ago, amberastor said:

 

Is there anything else I can do? 

 

Yes – the first thing you can do is Stop. You seem to be flailing around and if you have been reading stories on the sub- forum, you either haven't read enough or you really haven't paid close enough attention.

Please post up the letter of claim which you sent – in PDF format.
Post up your proposed particulars of claim – in PDF format
post up their message to you in which they apparently say that it is their procedure to throw away separated wrapping – in PDF format.

What did you intend to achieve by sending an SAR?

After you have given us sight of the documents above, go and start doing some thorough reading so that you really do understand the process and what the documents are that you are sending and why you're sending them.
Come back here – probably over the weekend and we can start helping you to go through the process properly so that you can get your money back

You will get your money back – but don't imagine is going to happen overnight. You are looking at six months to 9 months.

 

[amberastor]

Hi again, 

I apologise I haven't got back sooner. Ive been exceptionally busy with work and a 5 year old on his summer break. 

I've received a defence from Evri and they have declined to compensate me for my MacBook Air that they lost. 

I want to make clear that I did state the amount of my package £500 (minus the p&p which I will add to my directions)

I have tons of evidence including CCTV that shows my package jiffy packed and bound all over with brown tape.There is no way the package could come undone unless excessive and unreasonable forced was used. The CCTV shows Evri collecting the parcel from the shop. 

Evri admit they lost it and when I asked for proof they said they "disposed of packaging as the item became detached from packaging" I had to email many times for a satisfactory answer as to how parcel was 'lost' and this was the answer I got. They offered me £25 compensation as a "gesture of goodwill"

Evri will not compensate me on the ground that I:

"Sent a Non- Compensation Item" 

I also didn't add their insurance though opted for next day delivery. 

I have attached my POC and their defence. I spoke with the courts today and an administrator sent me an 

Directions N180 form and N215 form

My question is the grounds on which I fight back? The legal semantic masturbation they've sent back in their defence is so repetitive, confusing and exhausting. They talk about insurance when the most they ever pay out is £20 no matter what. At this point I'm so disgusted by Evri and their shady business practices I want nothing more to do with them but I'm not going to allow them to take my laptop without paying for it. 

Thank you very much in advance. 

 

 

 

Evri Particulars of Claim .pdf Evri Defence .pdf

[BankFodder]

Have you done the reading of the stories on this sub- forum? If you have then you will recognise the extraordinary similarities between the documents you have received and everybody else and you will understand the way forward.

Have you done the reading?

Have you received the directions questionnaire?

When did you receive this defence document?

[BankFodder]

I have also noticed that although we were advising you and asked to see your draft particulars of claim, you started to go it alone.

In particular in your claim I see that you said that you are going to send further detailed particulars of claim. You haven't uploaded that document. Where is it?

 

[BankFodder]

And incidentally, we are volunteers here. We don't get paid. We have our own busy times at work and our own five-year-olds et cetera to look after during the summer break but we still find time to help you get your money back

[amberastor]

Hi @BankFodder I appreciate you getting back to me and I’m fully aware we are all busy people and that you’ve made a choice to help others in your free time and I’m grateful for that. I’m happy to make a contribution to this site if my case is successful.

I have not added any other particulars at this time as I will save the CCTV footage for trial/mediation. 
 

I have done a lot of reading on this site. 

I received the defence documents on 21/8/23

i received the directions document today 30/8/23 by email as I haven’t yet received by post.

im wondering where I stand with Evri’s defence stating I sent a non compensation item. They’ve admitted they had my item and lost it.

Thanks 

[BankFodder]

Although we are grateful to have contributions – that is not the basis on which we help.

We would rather that people engage with this thread with the same amount of energy and enthusiasm as we do – particularly as it is their money at stake – not ours.

It's a shame that you went ahead and issued the claim in the way you did because we would have helped you prepare are far more effective and damaging particulars of claim.

Also, you have promised that you would send further particulars within 14 days. You haven't done that. You lose credibility. What are the extra particulars of claim that you were going to send? Tell us.

In our view, the non-compensation list is invalidated by the fact that you properly declare the item and they accepted it on that basis. It is not beyond the wit of a well resourced and powerful company like EVRi to configure their website automatically to reject items which they do not want to carry or to flag them up as non-compensation.

In fact you declared the item correctly and they simply accepted it in the way that they would have accepted any other item. Not only that, but they offered to insure it and if you had agreed, they would have sold you an insurance policy at the same time.

We find it incredibly frustrating that you have gone ahead in the way that you have done. There was far more to say about their insurance policy which would have made them far more wary of pursuing this matter and would have been much more advantageous to you if you had mentioned it and it went to trial.

I'm not too sure why you visit this forum, ask for advice – and then ignore us. Maybe it's because we do it for free and you don't have to pay any money.
Now that you have got the directions questionnaire, you will have to decide whether or not you want to go to mediation or you prefer to go to trial.

If you go to mediation then you will not have to pay hearing fee unless the mediation fails. In that case you would go to trial and then you would have to pay the hearing fee.

If you go to mediation then we would recommend that you stand your ground and refuse to give up a single penny.

You claimed interest so that is a good thing. And that means that if it goes to trial – although it will take longer you will keep on accruing interest at 8% which is pretty good by today's standards.

Please let us know what the further particulars of claim were going to be. Also, why is it that you didn't file them within 14 days as you said you would on your claim form.
 

[amberastor]

Thanks for getting back to me so quickly.

I have a son with autism and a single parent. We recently moved quite far from family so I have no childcare at the moment. The reason I sold the laptop was to raise funds for my move transition. 

Again, I’m aware we are all busy but everyone has different stuff going on in their lives and at the moment it’s full on for me right now as I’m working from home with a new job and have an autistic child at home, I’m exhausted half of the time as I have to focus on quite a few things at a time. I haven’t been ignoring you or anyone on this site deliberately. My son goes to his dads for a few days tomorrow so thankfully, I can focus on this over the weekend. 

I spoke with MCol earlier this morning about putting anything additional in Particulars of Claim and Mcol said that I can still add to my particulars of Claim if I wish. I wanted to add that I have CCTV footage of my parcel being dropped off by myself and then collected by Evri but I didn’t have the footage confirmed at the time.
I received the CCTV footage recently as the shop had to go through their recording which took time. 

I’d like to go to court as I’ve been reading this is the best way to go when pursuing a claim with Evri but are unsure of the costs. I’m also happy to proceed with with mediation and hash it out. 
 

Thanks 

[BankFodder]

I'm sorry about your personal circumstances. I'm sure that it must be difficult but I can assure you it won't cut any ice with EVRi and it won't influence the court very much.

We have to keep strictly businesslike on this and not muck around. This isn't a social media site. We are in the business of suing corporate bullies – and we always win – but we expect at least equal effort and reaction from the people we help.

The CCTV footage you are referring to is not really the kind of thing that would go into a particulars of claim. So don't bother. This is evidence and you can produce it it later if you want.

What we need to know now is that you are going to stick with this, take advice – follow it – or if you disagree at least let us know – but not disappear again.
We also need to know that you aren't going to go your own way – or if you do – at least let us know so that we can understand and flag up any thing which we think might be a serious mistake.

The obviously found time to go your own way before so time couldn't have been that great a consideration.
There are lots of other people who also need help and who are more fastidious about the way they do it.

For the moment, return the directions questionnaire to the court copy to EVRi and indicate that you want to try for mediation – which seems to be your preferred choice.

After that you have a time to relax before you will receive a mediation date.

When you get the mediation date please let us know and then we can go through your case and see if there is anything interesting which you might want to say.

Also in the meantime, if you read the stories on the sub- forum you will find some people who have succeeded at mediation have written very helpful summaries about the mediation process and you should make a special effort to find those and learn something from them.

If you have any questions then please let us know. We are on your side – despite my rather harsh words – but we need to know that you are on your side as well.

[amberastor]

I’m definitely sticking with this and will liaise with you/the group throughout this whole process. I really appreciate everything the help and advice. 

I’ll send the directions over to the court & Evri over the weekend and will let you know once I’ve done this. 

Any changes at all and I’ll let you know. 
 

I will also be reading the subcategories you’ve mention take notes.

Thanks