(another) suing royal mail

[mrchubbly]

Hi I need some advice on how best to take the Royal Mail to court.

Bought a laptop at the beginning of December and had it sent Special Delivery with enhanced insurance up to £2,500. Item didn't track and RM deemed it lost. Sender got permission from RM to authorise me to deal with claim as he would be away over xmas period and I wanted to claim for my money back as soon as I could.

Claim form sent with all relevant information on the 27/12/07. This was sent via Special Delivery. It was succesfully delivered to Plymouth but after two weeks of me making phone calls to ask if info had been received by correct department this was also deemed 'lost in the system'. Luckily I had copies of all receipts, proof of posting etc. This I faxed off to RM on 22/01/08.

Since sending off the fax I have made numerous phone calls and have been told different answers to what's happening with my claim. Firstly it was infered to me, although not specifically stated, that a postie had stolen it. An internal investagation was going on and the claim had been passed on to the RM escalation team. I then got Postwitch involved. They can no longer help as RM are now stating that the sender is somehow pulling a fast one with someone who either works at the post office from where it was sent or at the sorting office.

Royal Mail sent me an e-mail, via postwitch, stating that there is no proof my laptop ever entered the postal system (even though I have proof of posting!!!) They would not be compensating me and I should therefore have to ask the sender to refund my money as a third party(me) could not make a claim. RM also suggested I go to the Police to report a possible fraud. At no point have I ever suspected the sender of any wrong doing. He has been extremely helpful. RM gave him permission to write a letter of authorisation so I could deal with the claim this was accepted by RM up until now. Some 4 months down the line I can't expect the sender to refund my money. I forfeited all rights to this when I took on the claim.

I reported a possible fraud crime to the police. Gave them all the information. They got back to me and told me what I thought all along that the Royal Mail are just trying to duck out of paying me as the sender had no crime to answer to.

Last Friday I made an appoint to see my MP. He's going to help and is writing directly to the Chairman of Royal Mail on my behalf. I can only keep my fingers crossed that this might help. If not, my only other option is to take RM to court. I'd like some advice on how to do this, letter templates etc. The sender is up for a court battle so his help is not a problem, although he lives in Essex and I live in Somerset. I have kept a log and copies of all correspondence sent via post and e-mail to RM, Postwitch and sender, all phone calls made to RM and all mesage left on my phone from RM.

[barracad]

This is a no-brainer - you need to sue the seller, not Royal Mail.

[mrchubbly]

What I don't understand is that the Royal Mail for the past 3 months have allowed me to be the third party. They've stated over the telephone that under certain circumstances, with mine being one, third parties are able to deal with claims. Now they've changed their mind and their rules. I've paid for a service. Royal Mail have been unable to fulfil that service. They've come up with numerous explanations and allegations against the sender and other people as to why they've failed to deliver but when pushed comes to shove and evidence to the contrary is presented to them they refuse to cough up.

If I ask the sender for my money back and he states no because I forfeited my rights to a refund from him when Royal Mail allowed me to be the claimant and he handed over authorisation to me where does that leave me legally?

[barracad]

Legally you have no contract with Royal Mail and no basis on which to sue them. You have a contract with the seller and the Sale of Goods Act makes it clear that until you actually have the item you've purchased in your hands then it remains the seller's responsibility - you can't forfeit these rights as these are your statutory rights.

Furthermore, reading between the lines as to what you've posted, Royal Mail are saying the item was never even posted which means that the 'proof' of posting you have may not be all it seems. This is obviously just speculation without knowing all the facts but personally I wouldn't touch it with a barge pole - deal directly with the seller rather than getting drawn into any further arguments with Royal Mail. It is the seller who posted the item, it's up to him to make the claim and provide sufficient evidence.

[mrchubbly]

Hi, thanks for the advice I've e-mailed the sender asking him directly for a refund. Fingers crossed that I get one.

As for the Royal Mail. The proof of posting I had was the Special delivery receipt and the actual post office counters receipt. All were genuine, signed dated stamped etc and then sent off to the Royal Mail with my P58 and then lost by them!! lucky for me I made copies of them.