Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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)
Regards
Sophie-Jane
Yes I'm a Trucker Girl - explains why early posts
Thank you
Please Note
Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts
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
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.
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.
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.
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.
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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.
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.
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Actually, Special Delivery Next Day falls under Postal Services Act, but Special Delivery 9am doesn't - which service was used?
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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.
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.
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Royal Mail?
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Re: Royal Mail?
Originally Posted by Sem
