Royal Mail?

[Sem]

i sent an piece of computer equipment to a friend via special delivery
i packed the thing well enough and i had fragile labels everywhere

anyway when he received it, the packaging was damaged and the item no longer works

i then sent off a form to RM claiming off the insurance and they asked me to send them the item

they sent the item back with a letter saying they will not give me any compensation as they feel it wasn't packaged correctly when (IMHO) it was

is there anything i can do?

thanks

[Sophie-Jane]

Sorry cannot help much here

But NEVER send Delicate eqipment by Royal Mail, And if you do, NEVER put on it "Fragile"

That will ensure it is roughly treated, I know, I worked at a Parcel force sorting area, whilst waiting for my load to be ready (Trucker Talk)

[Rich44]

They will claim the insurance isnt covering the item for damage unless it is in the original packaging.

For example if you put it in a box full of foam chips then it could have shifted to the bottom of the box and had no real protection.

Not sure where you stand by that but I have sent dozens of things by RM that have been fragile and not had a problem, not that thats of any comfort to you im afraid. I would def go back to them and argue it out though

[haydn]

OK, you are going to win this one. So read on. I sent a £4000 clock by parcel force 48 hour delivery. It arrived rattling in the box. The recipient opened it in front of the postman and refused to accept it as the glass was smashed to smitherines. The clock was returned to me. I claimed on my business insurance and claimed compensation against the post office for my excess etc. They refused to pay out because my claim should have been made within 30 days accompanied with evidence of repair costs, invoices etc. Now, it took them 7 days to return the clock to me, then a week for the clock to get from me back to the manufacturer and two weeks to get an estimate for repair. I was therefore out of time. I simply sued the post office and they paid up. My advise, ignore their sabre rattling and issue a summons in the expectation they will pay up before the hearing. Afterall, the banks pay up. Also, I have made a number of claims and have to fight every case. The post office never settle without a bit of a fight, so give them one.

[Sem]

you sure i can sue them?

on what grounds can i sue them

[meagain]

Originally Posted by Sem

you sure i can sue them?

One would hope that since they are now a PLC the old rule about not suing the Crown no longer applies to them.

on what grounds can i sue them

You paid them to deliver your item as it was sent. If it was working when you sent it, and not working by the time it reached the other end, they failed to deliver it as sent.

[haydn]

Sue them for damage plus the cost of the postage. They will defend your letter before action, they will defend your summons, they will try to frighten you off, then they will settle before the hearing. Just ensure you make a strong case for the secure packaging and ask them to return the packaging they claim was substandard.

[barracad]

How was the item packaged?

Was there any visible sign of damage on the exterior packaging when it was delivered?

Was it signed for as 'unchecked'?

I would be wary about sueing RM because unlike Parcelforce 48 detailed earlier, RM Special Delivery is provided under Section 89 of the Postal Services Act 2000. I believe if you read that you will find that they have no liability in contract law or tort in respect of any failure. Furthermore, elsewhere in the Act they have exemption from liability caused due to negligence of their employees.

If you could answer my questions we can assess how you can claim the compensation, in the meantime I will try and do a little more research on the Postal Services Act.

[haydn]

The fact remains that special delivery is a contract which RM are in breach if the item is damaged in the post. Special delivery will have its terms for compensation levels. The fact that they have attempted to limit their liability by extremly small print can often be argued. The clause may be unfair depending on the level of reasonableness. I am suggesting that if you have a pretty good claim and you issue your summons, chances are they will pay up. Its a £30 bet.

[barracad]

As I said, it is provided under the Postal Services Act and is not a contractual service.

Probably best to try and sort it out with RM rather than jump straight in with court summons and potentially losing £30.

[barracad]

Actually, Special Delivery Next Day falls under Postal Services Act, but Special Delivery 9am doesn't - which service was used?

[Sem]

it was the normal next day before 12noon/1pm

the item as packaged in its original box which is pretty good at protecting it and i used a envelope padded with bubble wrap

when the recipient received it he said it looked like it was stepped on or something heavy was placed on top of it

ill try and get some pictures of it

[haydn]

Thats the idea. Get a good argument, the recipients statement, the original packaging etc etc. Then use all that to argue your point, all the while holding a summons over their heads. They will back down. How much are you able to reclaim? Even if the letter of the law is on their side, economics may be on yours. RM 'lose' so much and because of the letter of the law, often get away with it. We all know that 'losing' includes 'getting stolen'. I would fight all the way.

[Sem]

anyone found out how i should proceed?

thanks

[Sem]

bump

[barracad]

When you say the item was in its original box, what is inside this box? Because from how you've described it, you make it sound like you put a fragile piece of equipment in a box and then put that in a jiffy bag. In my opinion, that could not realistically be expected to travel through the postal system in one piece.

If it looks like the item has been squashed then that may be due to the fact that you didn't package it well enough to prevent it from getting squashed.

If that is exactly how you packaged it my personal advice would be to give up now rather than wasting more time and money pursuing something that you are going to lose. If it was actually packaged more robsutly than that then please give further details.