Jump to content


  • Tweets

  • Posts

    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mail sent by Recorded Delivery not delivered


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5690 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Quite by chance I though I would check the date a recorded delivery letter was actually delivered. I was quite disconcerted to find it hadn't been, especially since it contained a £10 postal order for a SAR.

On checking some others I found two more that hadn't been delivered.

 

So, I have three non-delivered Recorded Deliveries -

Inland Revenue

Bank of Scotland

Fredricksons

 

The most recent of these (the SAR) is more than a month old.

 

I reported this on the Post Office website but have had only an auto-response email back from them.

 

 

Lesson No 1 : always check that recorded delivery is delivered.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

So hth do I prove the letters were delivered??? Paying for RD appears to be a waste of time.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

Yep! Ive had this as well.

 

I sent my cca request to First Crapit by recorded delivery and it has become a "lost item" which is royal mail speak for it was probably delivered but no signature was taken.

 

Recorded delivery only means that it should be signed for on receipt it is in fact just sent through the normal postal system with first and second class mail. Ive sent the second CCA via Special Delivery which "guarentees delivery by 9am the next day" This is also supposed to provide a signature at the other end but guess what........Ive just checked online to find that they cannot provide a signature for this one as well!!!!! :mad:

Edited by MONX
spelling doh!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

Link to post
Share on other sites

palomino.

Providing you have the postal order receipt you can check at the post office to see it it has been cashed, I think you fill out a form. Then if they have cashed it you have proof of delivery for your letter.

Link to post
Share on other sites

Yes, I know about that and I think I'll do it. It still doesn't give me a delivery date although the encashment date is probably close enough.

 

Mind you the PO procedure is a bit Victorian and very slow and tedious. Just like their deliveries ...

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

I always believe that if you have the slip to say that the letter went recorded delivery (especially as they now actually check the address before they send it and it says "address verified -yes or no" on it, then that is proof enough that YOU have done your part in sending it!

 

Remember, as Moorcroft say, the fact that you have sent it, even if not read by them, is enough ;)

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

Link to post
Share on other sites

Yes i have the slips. They want me to send them off somewhere for investigation. Fat chance - all they will get are photocopies!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

I've had this recently with Goldfish. I sent letters (only asking for confirmation from them that they'd sold my account on, nothing monumental or anything!), 3 times over the course of 10 weeks. All were sent to the address I'd used previously and always had a reply from. They all went 'missing', but none were returned to me. I had a word with my local P/O lady who thought it was very fishy.

 

Bulk signings should still show as delivered when you look online, and if you can see the electronic proof of delivery bit (which doesn't always work), it just shows a signature with however many items were signed for. What concerns me is that they seem able to take recorded items without signing (which would explain why none of mine made it back to me despite the times involved).

 

I do love the way though that pretty much all correspondence from the banks will be standard 2nd Class post, and we're just assumed to have received it, no matter how important the contents. We have to spend a minimum of 72p a time just to try and ensure we get the courtesy of a response!!

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

I had a couple of recorded delivery letters not show up- luckily both companies have now responded.

 

I've had more trouble with Cap 1/Debitas saying they haven't got a letter which was signed for.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Yep! Ive had this as well.

 

I sent my cca request to First Crapit by recorded delivery and it has become a "lost item" which is royal mail speak for it was probably delivered but no signature was taken.

 

Recorded delivery only means that it should be signed for on receipt it is in fact just sent through the normal postal system with first and second class mail. Ive sent the second CCA via Special Delivery which "guarentees delivery by 9am the next day" This is also supposed to provide a signature at the other end but guess what........Ive just checked online to find that they cannot provide a signature for this one as well!!!!! :mad:

 

If it's sent SD and not signed for you can reclaim the cost from RM as it is a guarenteed service - theres a form to download on royalmail.com

Use the 1pm service as it is cheaper.

 

If a postie leaves a recorded letter without getting a signature they will lose their job so keep putting the complaints in.

(Recorded go into the general mail but on reaching the destination delivery office the local postie takes responsibility for it).

  • Haha 1
Link to post
Share on other sites

I wrote a letter of complaint to the local Post Office (where I post all my letters). The 'manager' rang me up and said they were only acting for Royal Mail and I would have to complain to them (RM).

I suggested that, in the interests of customer service, she might like to forward the complaints onwards. She said 'it's not in our procedures'. I had to hang up before I used some pretty foul language.

 

So, I guess I'll have to write to Royal Mail and wait the anticipated 7-10 days for a response. Unfortunately I have this ominous feeling in the pit of my stomach that the letter will be lost in the post ...

 

There was a similar scenario with the postal order. I have to write to the Post Office at an address in Chesterfield. Why can't they just forward the application onwards? There seems to be a disconnection with reality somewhere.

 

I'm seriously angry at the jobsworth attitude of the Post Office : we'll make you queue for 1/2 hour and then take your money. After which you can p*** off because we don't care a fig.

 

 

(When I left the PO there were 27 people waiting - in the middle of the afternoon. Some were laden with stacks of mail. GOK how long they were going to have to wait.)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

You can write to the Postal order services and they will tell you whether the PO has been cashed or not. I have had the same with my S.A.R - (Subject Access Request) with Barclays when I got no response from them I contacted the Post Office to see if they PO had been cashed. I actually went into the post office and they gave me an address to write to to check. PO postal order service wrote back within 7 days stating that the PO had not been cashed but would let me if the bank was to present it for cashing within 28 days. Therefore on that basis I sent another PO for £10 to Barclays with a letter stating that I understood that they had not cashed the first PO and not to cashed both PO's. I did not get any response from the bank so I had to write to the post office again to see if they had cashed any of the postal orders, after seven days I got another reply from the PO stating that they had not cashed any of the Postal Orders. The Bank was way out of time with the S.A.R - (Subject Access Request). I finally got a letter back from the PO two months after sending the PO to the Bank stating that they first PO was cashed but they did not cashed the second PO so I took the letter from the Post office department in to the PO and got me £10 back but you have to wait 28 days before you can do it. The PO gave me back my second £10 postal order when I produce the letter that I got from the Postal Order department. Keep all your receipts and number of PO.

 

I sent the Barclays my S.A.R - (Subject Access Request) request in December and after many chase letters and writing to the post office to see if they had cashed my Postal Order I finally got my S.A.R - (Subject Access Request) 80 days after I had initially sent it to the bank.

 

Not sure if it is a ploy by the bank to get more money for their time but I did not let them keep both £10 postal orders. In the end they did get my first request as they had cashed the postal order that I sent them with my first request albeit 60 days after I had sent it to them. It is with the Information Commissioners Office at the moment, not sure if it going to any good by sending it to them as they seem to be on the side of the Bank.

 

Also, you do not have to send you letter by RD, all you have to do is to get a certificate of posting which is free, again you will have to asked for this when go to the counter at the post office you will print out of the date that you have posted the letter to the organization concerned. Very quick, this is all you need as proof that you have sent the letter.

 

The post office will give the address to write to regarding the Postal Orders being cashed, I do not have it to had a present. 8)

Edited by Allwood
Link to post
Share on other sites

Thanks Allwood.

 

Yes I have the address to write to.

I also have all my receipts and whatever - comes of long experience dealing with creditors and DCAs.:)

 

Interesting that you can still get proof of posting (I'd forgotten about them). However this can fall down when specific deadlines are in place such as requests for credit agreements and SARs.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

Palomino, I was embroiled in a right war of words with the post office on exactly this subject regarding "non delivery" of recorded and Special Delivery items.

 

Their attitude to be honest stinks. I had sent out some 30 odd letters some recorded, some SD. 19 of them according to the RM website had not been delivered /signed for, 2 of those 19 were Special delivery. They sent me a book of stamps for each Recorded Delivery letter and £20.00 compensation for the SD letters. They also promised to look into it to ensure that it didnt happen again !!.

 

I have one Special Delivery letter still showing up as "awaiting collection". When I asked what that meant, I was told it goes into a collection point which is usually emptied once a month ? This was for a Bank and sent 3 weeks ago ??

 

So good luck with your complaint.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...