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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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How long before recorded delivery should be delivered.


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Sent of a CCA letter on the 12th of this month and have been getting this message ever since on the Mail website.

 

 

Your item has reached the delivery office and is out for delivery.

 

We can confirm that your item left the delivery office this morning and should arrive shortly if it hasn’t been delivered already.

 

 

I have tried phoning to get an answer but keep being driven round in circles by the automated telephone system.

 

I just cannot get to speak to a real person.

 

How long should it take for this to be delivered and anyone have any tips on how to get past the phone system and get an answer from a real person.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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If you sent by next day special delaivery then its exactly what it says on the tin, if you sent by first class signed for then you must allow 2 working days.

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Thanks, today is the 8th working day after posting which is why I am anxious to find out what has happened to my letter.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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some advice I got re automatic phone systems is to ignore the prompts and press nothing. The system should hopefully assume you do not have a touch tone phone and redirect you through to a real person. Has worked for me for a few call centres eg tax credits, powergen,virgin. Might be worth a go?

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Just had a thought did you keep the cheque/postal order number, if this was cashed surely the letter is delivered?

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Just got a reply although it was dated some 10 days ago so dont really know what has happened here.

Royal Mail say the item is still out for delivery but obviously this is not the case and the cheque is not showing on bank statements as being cashed.

 

Confusing but at least they have it and the countdown will start from the date on the reply.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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The once trusty Track and Trace seems to have problems. I have had a couple of problems in recent months and I have heard others say the same thing. I would complain about it. When I phoned Royal Mail they didn't recognise it as a problem. They need to be fully aware of it.

What sort of world do you want your kids to grow up in?

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Guest ArthurP
If you sent by next day special delaivery then its exactly what it says on the tin, if you sent by first class signed for then you must allow 2 working days.

 

First class signed for (recorded), has a 15 day waiting period before it is condidered unaccounted for by Royal Mail.

 

Two working days for first class mail is just a target.

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Today is the 16th day after posting so the website should in theory reflect that.

The message from Royal Mail has been the same since the second day after posting.

 

I did complain via the automated system and got a reference number e-mailed to me together with a request for further details which have been duly sent off.

I have had no reply to that.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Two working days for first class mail is just a target.

 

Actually, the target is next day delivery (but this isn't guaranteed).

 

Today is the 16th day after posting so the website should in theory reflect that.

The message from Royal Mail has been the same since the second day after posting.

 

As you know the item has been delivered, there are two possible scenarios which may have happened here:

 

either - The item was delivered correctly, signature taken etc, but for some reason the tracking system wasn't updated (if you speak to Royal Mail they may have a signature for the item on the system as the signature system doesn't link to the delivery system as well as it should).

 

or - The item was delivered with other items of mail (possibly part of a large bulk deliver if it went to a big business) and the item got missed and the postman did not notice it was a Recorded Delivery item, so the item was delivered with no signature taken. If this is the case then you should claim a refund of the Recorded Delivery fee from Royal Mail (although as this is only 60-odd pence they will probably send you a book of stamps instead worth a few quid).

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest ArthurP

The aim is to deliver next day but the target is 1-2 days for first class mail.

 

You are in fact entitled to claim up to £34 compensation for a failed Recorded Delivery item. This is the case too for even just a 34p first class letter.

 

Go to your post office with your receipt and fill in a claim form.

However, although the letter was important, the value of it is probably a book of stamps to Royal Mail.

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You are in fact entitled to claim up to £34 compensation for a failed Recorded Delivery item. This is the case too for even just a 34p first class letter.

 

Not quite. You can make a claim for a lost Recorded Delivery item, but the OP knows this item has been delivered, so no such claim can be made.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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brassed off, I sent it 1st Class recorded.

Perhaps given the time scales involved I should have shelled out the extra for special.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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After reading loads of threads, suggest you send special delivery - recorded is not always reliable.

 

It may take up to 5 days for you to get proof of delivery on Spec Del on Track and Trace (Royal Mail website), however, if you haven't had it after 5 days you can apply for it - have got the address somewhere will have to look this up tomorrow - too tired at mo.

 

I had a problem with POD on the website for Spec Del but was given an address to write to and finally received the Proof of Delivery by post.

 

Cheers!

 

BO (haven't got it honestly:D )

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Guest ArthurP
Not quite. You can make a claim for a lost Recorded Delivery item, but the OP knows this item has been delivered, so no such claim can be made.

 

Not true.

 

The letter need not be lost to make a compensation claim as a late delivery is just as valid, hence why I used the term 'failed.'

 

A customer may send a wedding invitation via recorded delivery two weeks ahead of the date of the wedding but it gets delivered in three weeks.

 

The contents of the letter had no real monetary value so recorded first class would be appropriate yet the lateness of the delivery makes the letter's contents useless which equals a valid compensation claim.

 

As I previously stated this can be up to £34 for lost and/or late mail as it is Royal Mail's discretion to calculate the appropriate award ie up to 100 times the cost of a first class stamp = £34.

 

As far as I can read the OP hasn't had his letter delivered in any case.

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Guest ArthurP
brassed off, I sent it 1st Class recorded.

Perhaps given the time scales involved I should have shelled out the extra for special.

 

Recorded is fine although seemingly not in your case this time. I have sent probably hundreds of recorded items in the past and have only once had a problem.

 

However, if you have now complained Royal Mail will investigate which basically includes them just asking the intended recipients if they are in receipt of the letter.

 

The DCA, if it is them you CCA'd, may just be acting awkward and say they never received it.

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Not true.

 

The letter need not be lost to make a compensation claim as a late delivery is just as valid, hence why I used the term 'failed.'

 

A customer may send a wedding invitation via recorded delivery two weeks ahead of the date of the wedding but it gets delivered in three weeks.

 

The contents of the letter had no real monetary value so recorded first class would be appropriate yet the lateness of the delivery makes the letter's contents useless which equals a valid compensation claim.

 

As I previously stated this can be up to £34 for lost and/or late mail as it is Royal Mail's discretion to calculate the appropriate award ie up to 100 times the cost of a first class stamp = £34.

 

Incorrect. The compensation is for loss or damage only. Delay is covered under a seperate scheme. From memory I think the maximum payout for delay is £5, and that's when it's the delay is over a certain amount of time - the full details can be found on the Royal Mail website.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest ArthurP
Incorrect. The compensation is for loss or damage only. Delay is covered under a seperate scheme. From memory I think the maximum payout for delay is £5, and that's when it's the delay is over a certain amount of time - the full details can be found on the Royal Mail website.

 

 

Not the case.

 

The differing compensation schemes are for bulk (business) mail & retail (including private) mail.

 

The bulk mail scheme need not be mentioned in this thread as it is irrelevant.

 

The OP needs to be aware of the retail mail compensation for his letter.

 

This compensation scheme deals with lost, damaged & delayed mail. This one scheme just has differing levels of compensation depending on what the claim is ie loss, damage and/or delay (which may become considered lost).

 

The maximum payout for delayed mail could be £34 as after 15 days, as I previously pointed out, the delayed letter is considered lost.

 

Also, my previous example of delayed mail of wedding invitations makes those invitations as good as lost anyway as the wedding would have taken place before the invitation was received.

 

The OP seems to indicate that his letter had still not been received on the 16th day, last Thursday, so his letter is now considered lost and he can make a claim for a maximum of £34.

 

Each claim is considered seperately so it is hard to determine what the OP will get although he is free to claim £34.

 

Royal Mail's website will explain that Recorded Signed For letter's attract a possible compensation limit of £34.

 

The above shows why.

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Wrong again I'm afraid. I am well aware of the bulk mail compensation scheme, which would not apply to Recorded Delivery and is paid as a percentage refund, not up to a fixed amount. The £34 maximum is for loss or damage only. Delay is seperate. Please see the Royal Mail website for further details.

 

Also the wedding invitation example would be classed as Consequential Losses, which Royal Mail are not liable for.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest ArthurP

4.7 Compensation for delay is currently split into two stages; delay which is measured as 4

+ days after the due date, and substantial delay which is measured as 10 + days after

due date. An item is classed as lost 15 + days after due date.

 

http://www.postwatch.co.uk/pdf/policydocs/23.2.07PW%20Response_Compensation.pdf

 

 

Recorded Signed For

 

If you have an important item to deliver, our Recorded Signed For™ service gives you complete peace of mind with proof of posting, signature on delivery and online tracking so you can follow the progress of your delivery.

  • Proof of posting
  • Signature on delivery
  • Online tracking
  • Up to £34 compensation
  • Prices from 70p plus normal postage

With Recorded Signed For™, you get next day delivery with most First Class items. And if you’re an account customer, we’ll pick up your items from your business.

 

 

The OP has sent a letter by Recorded Delivery and it appears the letter has still not been received after 16 days.

 

This situation is no longer a delay but is considered lost (15+ days) and therefore he is entitled to claim compensation of up to £34 for a lost (delayed 15 days+) letter.

 

Loss, damage AND DELAY (which can clearly become lost mail) come under The Retail Compensation Scheme which is regulated by Postcomm-Royal Mail simply have to observe it.

 

My example of wedding invitations being delivered in three weeks, one week after the event, mentions nothing of monetary loss but is simply meant to show what was intended-a three week delivery period which would entitle the sender to claim for compensation which would be considered lost mail (as it was 15+ days).

This has nothing to do with consequential loss.

 

 

Why do you find this difficult to comprehend?

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For Information (taken from the Royal Mail website)

 

First Class Mail:

Has your mail item arrived five or more working days after it was posted? If so, your mail is classified as ‘delayed’, and we’ll give you compensation of 12 First Class stamps. If you provide additional evidence of delay and your claim for compensation is accepted, you will be sent a cheque for £5, or for £10 if your item has suffered substantial delay (i.e. was delivered more than eleven working days after the day of posting') and you provide additional evidence or proof of delay.

 

If your mail gets lost, we’ll give you a minimum compensation of 12 First Class stamps. However, if there was something of value in your mail, we'll refund the actual loss, up to a maximum of £34 or up to the market value, whichever is the smaller amount. Please apply for this within 12 months.

 

First Class Recorded/Signed For:

Has your mail item arrived five or more working days after it was posted?

If so, your mail is classified as ‘delayed’, and we’ll give you compensation of 12 First Class stamps. If you provide additional evidence of delay and your claim for compensation is accepted, you will be sent a cheque for £5, or for £10 if your item has suffered substantial delay (i.e. was delivered more than eleven working days after the day of posting and you provide additional evidence or proof of delay.

 

If your mail gets lost, we’ll give you a minimum compensation of 12 First Class stamps. However, if there was something of value in your mail, we'll refund the actual loss, up to a maximum of £32 or up to the market value, whichever is the smaller amount. Please apply for this within 12 months.

 

Please note that we do not pay compensation without an original certificate of posting being produced.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Guest ArthurP
For Information (taken from the Royal Mail website)

 

 

Hi and thanks for that.

 

Although the Postcomm/Postwatch website are more informative as it is they who actually regulate and set the compensation tariff (with agreement with Government), Royal Mail just obey it.

 

The OP just needs to pop into his local PO who will confirm his letter is 'lost' and has gone beyond 'delay' which entitles him to claim up to £34.

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