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.
I was sitting down watching TV. Hear the sound of post. Get up check it and it’s a flyer advertising great deals for mobiles contract phones. Seems great I'll pay a visit. Father sees the same offer. My father comes and says 'hey there’s a great offer here I’m going down to check it out' At the shop my father asks how the cash back works and is informed that you are paid in advance for 3 months after your first bill. Sounds great. I go down with all the relevant documents and select 3 deals (3 contracts). All are 18 months long. 2 are 16 months free and you pay the last 2 months the third contract is 15 months free and you pay last 3 months. Sounds great. The Salas assistant gives me a few envelopes and says just post your first invoice/bill via recorded delivery after 21 days and then you have 28 days to post and claim your cash back. Sounds simple.
I received my bill after 2 days and waited for 21 days to pass and then recorded delivery using the envelope provided. After 2 days I phone up cssmobiles to ask if they have received my bill and they say no. I rang up royalmail and gave them my reference number and was informed please allow 15 days! After 15 days I rang up royalmail and they inform me that the post is lost. So I rang up orange and informed then of my problem and they said no problem we can send you another copy but will charge £3. I agree. This bill arrived in 2 days and again I did the same recorded delivery and waited 2 days rang up royal mail and they inform me it’s lost.
I did not understand why it kept getting lost. On investigation I found the address on the envelope provided did not match the same as the shop but was an EMPTY building on the same street just a few shops away. I could not believe it. I ordered another bill from orange which again cost me £3.
I went down to Royal Mail and asked about post being delivered to the address on the envelope and they informed me that it is being redirected to a PO BOX number which belonged to Cssmobiles and all post coming here is disposed of because Wait for it… The PO Box active for 2 weeks in a month, so 2 weeks of post in one month is disposed of. I went on a Friday and the next Monday was its starting date
I went down to Cssmobiles and informed them of my situation and of how they gave me the wrong address and presented them my bill. They rejected it and said that it is only through post cashback. On the terms and conditions this is not mentioned, it simply states that the relevant documents reach us on time. So I said that the address provided is not even in use and then they said no it is in use. I asked them does the post reach the address on the envelope provided or is it directed, they answered it reaches the address, when I said I found out it does not then they replied it is redirected when I asked where to I was again not given an answer then after sometime was told of a PO BOX number, I was told to go post it in the po box number and then the accounts departed will deal with it.
Then I asked where I the accounts departed cssmobiles refused to answer despite asking over 5 times, till this date I don’t now if there is one or not
I went down to royal mail and I gave the post master the bill in the envelope he marked/stamped it and said that this will not be removed from the po box number until someone from cssmobiles comes to pick it up. So I asked if the PO Box mail is delivered to cssmobiles or do they pick it up. The answer was cssmobiles pick it up.
After a few days I rang up CSSMOBILES and they said they have not received my bill, so I went back after a full 7 days (posted on Friday and went back following Friday) and it was still there gathering dust. Furious I rang up cssmobiles and told them this and they said it will be dealt with over the weekend and I should receive my cash back in 10 days.
Then after the weekend I rang up and they said that it’s probably lost in the post, in fact they never bothered to pick up the post from the PO Box. I said that it was in PO BOX and you are responsible for the post and the guy was saying no and I will not get any cash back unless they receive my bill.
I require advice and help on what to do next and how I can recover the Cash Back which is £1880
Thank for reading.
As you may have read in other threads, the whole point of the cashback is to hook you into a contract, and ensure that you fail in claiming due to some hurdle imaginatively put in your path. You can certainly take them to court for the money you believe you are owed, as you have enough corroboration of trying to get copy invoices and RD slips to prove you complied. Whether the firm will ever pay up of course, is another matter.
What does strike me is unusual, is the post office telling you mail is being redirected and sent to a PO Box that is only operational 2 weeks out of 4. This is untrue, 6 months is the shortest period you can rent a box from the PO, so if you sent letters by RD and you did not get them back, each is worth £32 so you can claim against Royal Mail for not getting a signature for your Recorded Delivery letter.
"the post office telling you mail is being redirected and sent to a PO Box that is only operational 2 weeks out of 4"
They told me that it is operatiional but 2 weeks of mail is rejected and 2 weeks accepted, the guy showed me a huge pile of mail which was rejected and I was told that it may be sent to belfast or disposed of.
They're not allowed to do this, a PO Box holder pays to have their mail stored until it is collected - hence the 6 or 12 month contract. Royal Mail cannot arbitrarily dispose of mail in this way until the PO Box contract expires. Also mail sent RD has to be returned if not signed for within 14 days, so this would come back to you regardless. I think someone there is making this up as they go along!
contact me on [edited - not advisable to post personal details and phone numbers on a public forum!]
they owe me money
they rejected my claim because i did not state i was claiming cashback even though on the phone they said just send in bills i have still got 12 days from the billing date and they wont accept this letter now as it does not state this on t and c when i purchased it and they keep changing their t and c to make money.
i am going to sue them via courts
the postal thing happened to me aswell on my first stage as i would advise you to send all form via special delivery next time
They're not allowed to do this, a PO Box holder pays to have their mail stored until it is collected - hence the 6 or 12 month contract. Royal Mail cannot arbitrarily dispose of mail in this way until the PO Box contract expires. Also mail sent RD has to be returned if not signed for within 14 days, so this would come back to you regardless. I think someone there is making this up as they go along!
But the person collecting the mail from the PO Box has the right to refuse it, in the same way you and I have the right to refuse a Recorded Delivery item or any other item which the postman presents to us. In this case, it would be returned to sender if there is a return address or "sent to Belfast" as the guy at RM says if there is no return address.
Originally Posted by buzby
if you sent letters by RD and you did not get them back, each is worth £32 so you can claim against Royal Mail for not getting a signature for your Recorded Delivery letter.
Each letter is not worth £32 at all. It is a mobile phone bill and the OP has already advised that the replacement bill costs £3. Therefore it is worth £3 and this would be the maximum amount of compensation he would be able to complain for RM for the missing item. That's assuming it is missing of course and doesn't get returned to him at some point.
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)
I would also advise that if you are planning on getting any money back out of this cashback deal then I would have a good read through the T&Cs before you send anything else to them - although they are being awkward, you don't seem to have a clue what you are doing.
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)
But the person collecting the mail from the PO Box has the right to refuse it,
I have no idea why you are reactivating a 3-month old thread, and misconstruing what has been said? Your point regarding not signing for an RD relates to what? All I was noting, was that sending a RD to a PO Box is no different to a standard physical address - and more importantly, that just because it goes to a PO Box does not mean it is not signed for. Sure, the recipient can refuse to sign, but then they can do that on the doorstep too.
Originally Posted by barracad
Each letter is not worth £32 at all. It is a mobile phone bill and the OP has already advised that the replacement bill costs £3. Therefore it is worth £3 and this would be the maximum amount of compensation he would be able to complain for RM for the missing item. That's assuming it is missing of course and doesn't get returned to him at some point.
Evey item of mail, should it go missing or have its contents stolen, will allow the reimbursement up to the value of 100 1st Class stamps. So for compensation purposes, each letter is indeed worth this amount. However common sense dictates that if all that is inside is a piece of paper than can be cheaply duplicated, then RM is not going to pay out. If you are suggesting that any rejected cashback letter can be mitigated with a £32 RM claim, I'm at a loss to understand how you ever made that connection.
the postal thing happened to me aswell on my first stage as i would advise you to send all form via special delivery next time
You'd be wasting your money. Recorded Delivery is the only service you need to use. Special Delivery only covers the additional value of the contents (over £32), so since it isn't worth anything, paying £4-odd is money better in your pocket than the PO's.
tru but special delivery ensure it there next day as of recorded can get lost as they are not worth much but special the parcel company will make sure it on time
they are still refusing to giv me my second cashback
You'd be wasting your money. Recorded Delivery is the only service you need to use. Special Delivery only covers the additional value of the contents
Actually, with Special Delivery you can take the optional Consequential Loss Insurance. This means that if the item was delayed or lost, resulting in you losing out on your cashback, Royal Mail would be liable for the full amount of the cashback claim.
Originally Posted by buzby
I have no idea why you are reactivating a 3-month old thread, and misconstruing what has been said? Your point regarding not signing for an RD relates to what?
I think you will find that my post was 20 minutes after the previous, not 3 months. I was referring to your comments that a PO box holder is "not allowed" to refuse their mail.
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, with Special Delivery you can take the optional Consequential Loss Insurance. This means that if the item was delayed or lost, resulting in you losing out on your cashback, Royal Mail would be liable for the full amount of the cashback claim.
Ah yes, Consequential Loss - whilst it is indeed true that this will apply, if claimed for, at a fee 10 times of normal postage rates, tt still remains at the discretion of Royal Mail. If they decided that the retailer would never have paid out (and who are we to argue?) they could sidestep that. In any event, to calculate this RM would require the dealer to quantify the loss. What chances out of 10 do you think they'd ever reply?
Originally Posted by barracad
I think you will find that my post was 20 minutes after the previous, not 3 months. I was referring to your comments that a PO box holder is "not allowed" to refuse their mail.
And *those* comments were made 3 months earlier. You're not being obtuse on purpose perchance? If you care to read the thread again, you'll see the comment was to dispute the suggestion that the PO Box only 'worked' on certain days, the point being they are rented for 6 or 12 months, and the renter cannot choose which days to 'refuse' mail. Not quite the point you understood it to be.
If you care to read the thread again, you'll see the comment was to dispute the suggestion that the PO Box only 'worked' on certain days, the point being they are rented for 6 or 12 months, and the renter cannot choose which days to 'refuse' mail. Not quite the point you understood it to be.
I've read it again. Yes the box can only be rented for 6 or 12 months, but the box holder is still entitled to refuse to accept any mail if they so wish. They could go in once a week and collect the mail one week and refuse it all the next - I'm not sure why anybody would want to do it but it can be done. If you read the thread again I think you'll find that is what the Delivery Office staff were saying the box holder was doing, so I don't think anybody was "making it up as they go along".
Oh and by the way, the consequential loss claims are handled by an independent loss adjuster, and Royal Mail abide with their decision so it's not strictly at their decision in that sense.
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)
but the box holder is still entitled to refuse to accept any mail if they so wish. They could go in once a week and collect the mail one week and refuse it all the next - I'm not sure why anybody would want to do it but it can be done. If you read the thread again I think you'll find that is what the Delivery Office staff were saying the box holder was doing,
Let me see - you're trying to invent a scenario that matches a possibly mistaken interpretation of how someone manages their PO Box mail? So, they call round to the Delivery Office, and state they are refusing to collect mail that day, but they'll get it next week instead? This would be illogical, especially when you don't get to choose what mail you receive, it is left in a pile wrapped in countess rubber bands that multiply overnight, and on showing your ID, you get the bundle in its entirety. Oh if only I could weed out the junk mail from mine and have go straight to recycling... but that isn't going to happen.
As to the CL query, so you believe that the errant dealer will reply to an independent claims adjuster of the true value of the loss (as opposed to the Royal Mail?). I must be missing something profound here..
Let me see - you're trying to invent a scenario that matches a possibly mistaken interpretation of how someone manages their PO Box mail?
No, I was originally correcting you when you said they are "not allowed" to do that. It is a possibility, however unlike it.
I don't expect you to agree or understand as you always like to get the last word.
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)
So, not only are you proved wrong, (renters are 'not allowed' to pre select the mail they wish to accept). I'm expected to remain silent at these aberrations? As to whether I agree, you're quite correct I don't - I've have had Royal Mail PO Boxes for almost 30 years, how long have you had yours?
If you cannot cope with a contrary viewpoint, and then resort to personal insults so be it. Sadly, I wouldn't expect anything less. It's just a little disappointing when other Moderators appear to be able to temper their enthusiasm with common sense and not petulance.
So, not only are you proved wrong, (renters are 'not allowed' to pre select the mail they wish to accept).
You've proved nothing of the sort. A box holder can refuse any mail - nobody can force them to accept it.
If you don't believe me then ask Royal Mail for yourself - their number is 08457 950 950.
I very much doubt that the situation was any different 30 years ago when you opened your box, but I was trying to clarify a point for the OP who wanted advice for now, not how a PO box might have worked 30 years ago.
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)
So you're advocating, a boxholder - who pays £54 or thereabouts a year for a service, is going to refuse mail? That really defies logic, I've explained how the mail is presented to the renter - so stop ignoring what doesn't suit your selective argument and move on to something relevant.
As to your last paragraph, I'm afraid to disappoint you - I was advising you that in 1977 the system that I gained experience in remains unchanged in 2007, all except the price and the colour of the rubber bands. You've been rather quiet on how many years you've operated yours -if you haven't one, then I'd respectfully suggest you demur to someone with that experience instead of explaining how you think it works.
So you're advocating, a boxholder - who pays £54 or thereabouts a year for a service, is going to refuse mail? That really defies logic
I didn't say it was logical for somebody to refuse mail, I said it was possible for somebody to refuse mail, however logical this may be.
I can assure you that this is based on what I know, not what I think.
Again, if you don't believe me then ask Royal Mail - they will confirm that what I have said is indeed correct.
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)