Help Needed Royal Mail!

[21stcentury]

I posted a very important document to the county court house, I posted it by Special Delivery before 1pm. It was due their today, i called the court and it hadnt arrived, I'm just off the phone to the royal mail and they have told me it has passed one depot and hasnt reached the next one. They currently dont know where it is, or when it will be delivered.

 

I had until today to have the form in the court house. Now they have not received it, where do i go? I have now lost £5000 because of this. I even faxed proof of posting to the court and they have stated that the district judge is planning to look at the case in the morning. Hence why without the document, I lose money.

 

Do I have a claim against royal mail for the £5000??

[Guest louis wu]

This is from the RM website

 

http://www.royalmail.com/portal/rm/jump3?catId=500185&mediaId=400144&keyname=odr_customerservice

 

http://www.royalmail.com/link/rm/content3?catId=400026&mediaId=22700549

 

http://www.royalmail.com/portal/rm/content1?mediaId=22700554&catId=400026

 

 

I don't know if this helps at all, but as in all cases, whatever you do, you need to open discussions with RM first.

 

louis

[citizenB]

If you click on the 2nd link that was given above and scroll down there is a section headed 'consequential loss' and it says...

 

If you’re sending an item that could be costly if it is lost, damaged or delayed in transit - such as a contract or legal documents - then take advantage of our consequential loss cover of up to £10,000.

[barracad]

Unless you took out the optional Consequential Loss insurance at the time of posting, all you will be entitled to is a refund of the Special Delivery fee.

[Darkangelsdelite]

I had a very similar problem last year, sent a document via special delivery and it never arrived (the Royal Mail STILL don't know where it is and this was sent back in July!) Upshot is, the document didn't arrive by deadline day and i was left significantly out of pocket. I complained to Royal Mail, sent all their claims forms back etc but ultimately what barracad has said is spot on, there is bugger all i/you can do unless you took out the extra cover (which i didn't either)

 

 

DA

[REKWOB80]

Hi

I also have a complaint with royal mail I sent 2 letters by recorded delivery at different times but at the same post office, anyway both letters got lost so I filled in 2 compensation forms as it clearly states on the back of the receipt: if your item is lost or damaged we'll pay you comp for the value of your item up to 100 times the price of a basic weight 1st class stamp.

Anyway i recieved £34 comp for one of the lost letters, then I got a book of 12 1st class stamps as comp for the other lost item. I replied back and said I would accept the book of stamps as a token, but there was no way I would accept instead of a cheque £34.

Got a letter back saying letter was still lost but the book of stamps was all they could do by way of comp and felt this was sufficient. I just really want to know if they can infact do this, or if they do have to give me what it says on reciept. Thanksto anyone with info.

[barracad]

as it clearly states on the back of the receipt: if your item is lost or damaged we'll pay you comp for the value of your item up to 100 times the price of a basic weight 1st class stamp.

 

I've highlighted the key words - they will pay the value of the item, up to a maximum of 100 times the First Class stamp price, but as your letter has no value you have just received a book of stamps. No idea how you managed to get a cheque for £34 the first time round if that was just a letter also.

[IdaInFife]

They only pay you refund by cheque if you send proof of the market value of the item. The will give you stamps if there is no value or item was delayed.

 

 

Idax

[21stcentury]

I spoke with the court on Friday morning and the district judge looked at the case in the afternoon and ruled that i didnt send in a defense and the claimant got their CCJ against me. I cannot afford a CCJ on my file, i have clean credit and this is a nightmare for me. I need a clean credit profile to continue to run my business.

 

What happens now? If I pay the 5k will the CCJ be registered against me? Is their a way round this? If I have to pay it, then fine its worth keeping my credit rating in tact.

[Weird Al Yankovic]

It appears the judgment has been granted in default?

 

If so, then I wouldn't have thought any judge would object to a set aside in the best interests of justice.

 

And you have proof you sent your defence in any case.

 

Btw, as you knew of this Thursday afternoon, could you not have gone to the court Friday morn to personally deliver another copy of defence?

[make them aktiv runners]

A CCJ will only remain on your file for 6 years if you fail to pay within 3o days. A letter is never the best form of defence, attendance in court is.

[Weird Al Yankovic]

A CCJ will only remain on your file for 6 years if you fail to pay within 3o days. A letter is never the best form of defence, attendance in court is.

 

But from what I read it appears the OP was most probably posting a defence form to a small claim so no attendance was required.

 

And a defence has to be filed on a form, (or online), in any case so, in effect, the form in hard copy acts like a letter so is actually the only form of defence and is therefore logically the best.

 

The OP states he had 'until today (last Thursday) to have the form at the court house.'

 

If so, he should just apply for a set aside, with proof of a SD letter posted but without arriving, and it will be granted.

[make them aktiv runners]

It appears the judgment has been granted in default?

 

If so, then I wouldn't have thought any judge would object to a set aside in the best interests of justice.

 

And you have proof you sent your defence in any case.

 

Btw, as you knew of this Thursday afternoon, could you not have gone to the court Friday morn to personally deliver another copy of defence?

 

In response to your last post, perhaps you should have read your previous post first!

 

The OP, as you so clearly stated yourself, knew the defence had not been served, therefore the only option open was to go to court to serve in person. Any defence should be defended in person anyway as a good solicitor for the other side or judge with an unfamiliar subject area can lead to the defence failing.

 

There are specific rules for setting aside a judgement and the main part is that the defence stood a chance of success in the first place.

[Weird Al Yankovic]

In response to your last post, perhaps you should have read your previous post first!

 

The OP, as you so clearly stated yourself, knew the defence had not been served, therefore the only option open was to go to court to serve in person. Any defence should be defended in person anyway as a good solicitor for the other side or judge with an unfamiliar subject area can lead to the defence failing.

 

There are specific rules for setting aside a judgement and the main part is that the defence stood a chance of success in the first place.

 

What do you mean that 'any defence should be defended in person anyway?'

It appears this claim is only at the stage of returning the defence form. It isn't at the stage of a hearing where one is able to appear in person to defend it.:?

 

Also, the strenghth of the OP's defence isn't known. What is known is that Royal Mail failed to deliver a SD item in time.

 

Should the OP apply for set aside due to RM's failure, and provided the defence is not obviously hopeless, then I would suggest the OP will be granted a set aside almost as a matter of course.

[21stcentury]

I was only serving a defence at this point, I had emailed them proof of posting and the judge was just being a twit. I have, sent in a letter stating that and also included a letter of apology from the Royal Mail. If I have to pay it then so be it, but wont be a happy bunny.

[Weird Al Yankovic]

Hello

 

Yes, as I thought.

 

Complete an application form from the court (or online) to set aside judgment giving the reasons and circumstance.

 

Good luck.

[make them aktiv runners]

I posted a very important document to the county court house, I posted it by Special Delivery before 1pm. It was due their today, i called the court and it hadnt arrived, I'm just off the phone to the royal mail and they have told me it has passed one depot and hasnt reached the next one. They currently dont know where it is, or when it will be delivered.

 

I had until today to have the form in the court house. Now they have not received it, where do i go? I have now lost £5000 because of this. I even faxed proof of posting to the court and they have stated that the district judge is planning to look at the case in the morning. Hence why without the document, I lose money.

 

Do I have a claim against royal mail for the £5000??

 

Royal Mail was a separate issue which could be dealt with later. Your chances of getting RM to pay the CCJ are pretty remote. Your PRIORITY was to make sure you got another copy of your defence into court. The judge accepted your reasons on Thursday by deciding to postpone his decision until Friday. Why did you not take a copy of the defence yourself or even fax it? In simple terms, why did you assume the judge would let you off, after giving you more time (albeit 1 day)?

 

As you have stated, the CCJ was awarded due to there being no defence. You knew that was going to happen, but let it, you claim the judge was a twit, but really who was? I am not having a go at you, just pointing out the obvious obstacle you will be faced with for a set aside, you are going to need a very good reason why you could not take advantage of the extra day.

 

There is a fee for a set aside application (£65) and apart from the above, you will need to show that your defence would have stood a good chance of preventing the CCJ from happening after an actual hearing.

 

Before you start spending, I would go over your case with others.

[Weird Al Yankovic]

Royal Mail was a separate issue which could be dealt with later. Your chances of getting RM to pay the CCJ are pretty remote. Your PRIORITY was to make sure you got another copy of your defence into court. The judge accepted your reasons on Thursday by deciding to postpone his decision until Friday. Why did you not take a copy of the defence yourself or even fax it? In simple terms, why did you assume the judge would let you off, after giving you more time (albeit 1 day)?

 

As you have stated, the CCJ was awarded due to there being no defence. You knew that was going to happen, but let it, you claim the judge was a twit, but really who was? I am not having a go at you, just pointing out the obvious obstacle you will be faced with for a set aside, you are going to need a very good reason why you could not take advantage of the extra day.

 

There is a fee for a set aside application (£65) and apart from the above, you will need to show that your defence would have stood a good chance of preventing the CCJ from happening after an actual hearing.

 

Before you start spending, I would go over your case with others.

 

You seem to be very confused about this situation.

 

The OP started this thread at 18:35 last Thursday. He phoned the court on the same day and it had not arrived.

 

He also phoned Royal Mail the same day who confirmed his letter had not been received.

 

This date, Thursday 24/01/08, was the last day to file his defence.

 

By Friday morning it appears the claimants applied for a default judgment which they obviously received by the afternoon.

 

1 The OP could have avoided this had he got to the court by 10am in person with another copy of his defence, which is why I asked in an earlier post why he didn't do so.

 

2 Nowhere has the OP stated that the judge allowed him an extra day to file a defence.:? This would have been quite unusual in any case.

 

3 Likewise, the judge didn't postpone any decision from Thursday as he couldn't have made one in any case as it was the final day for the OP to file his defence!:?

 

Friday could only have been the first day for him to rule, which he did.

 

And the OP only spoke to the court counter staff who told him the judge had issued a default by Friday afternoon.

 

Please, you may be confusing the OP.

[make them aktiv runners]

You seem to be very confused about this situation.

 

The OP started this thread at 18:35 last Thursday. He phoned the court on the same day and it had not arrived.

 

Exactly, he admitted to the court that he knew it had not arrived but did nothing to make sure the court got a copy of the defence, as he was too busy trying to trace the original.

 

Yes, the thread was started at 18.35 but courts are not open at that time so it is pretty obvious from the post that it was a summary of the days events, not a sudden surprise failed delivery!

He also phoned Royal Mail the same day who confirmed his letter had not been received.

 

See above, he should in reality have taken more action.

This date, Thursday 24/01/08, was the last day to file his defence.

 

Why was the letter not faxed as well as the RM proof of delivery.

By Friday morning it appears the claimants applied for a default judgment which they obviously received by the afternoon.

 

True, there was a time period there though for the defence to have arrived late. A late delivery with reason is far better grounds for set aside than no delivery at all especially when it was known earlier in the day.

1 The OP could have avoided this had he got to the court by 10am in person with another copy of his defence, which is why I asked in an earlier post why he didn't do so.

 

This is a critical response needed for set-aside.

2 Nowhere has the OP stated that the judge allowed him an extra day to file a defence.:? This would have been quite unusual in any case.

 

He could have ruled at 10am but left it until the afternoon. Gave chance for the courts Friday mail to be opened as he should have been aware of the OP's calls?

 

3 Likewise, the judge didn't postpone any decision from Thursday as he couldn't have made one in any case as it was the final day for the OP to file his defence!:?

 

The OP needs to show a very good reason why the defence was not filed. After all, there was opportunity to file it after he knew RM had let him down.

 

Friday could only have been the first day for him to rule, which he did.

 

Who would seriously argue with RM over a delivery rather than make sure the court had the defence, a copy delivered in person or fax is better than just expecting the court to sit back waiting for RM (there is 14 days to file, so the last day is always a risk). Which was more important?

 

And the OP only spoke to the court counter staff who told him the judge had issued a default by Friday afternoon.

 

Well he would, there is nothing to show that there was an attempt to put up the defence once the OP knew RM had failed,ie 1.00pm Thursday.

 

Please, you may be confusing the OP.

 

How am I confusing the OP, I am stating the failures. Also you fail to comment on the judges deicision over whether the actual defence could be reasonably successful (that is a very fundamental point and there is no thread discussing the OP's case so it is impossible for anyone on here to answer).

[Weird Al Yankovic]

OP, I'll pm you.

I'm not posting on this thread anymore.

[rory32]

CAG would always advocate that advice is given over the open forum rather than by PM. Advice by PM (no matter how well intentioned) may simply be wrong or inaccurate. If posts are made on the forum then any inaccurate advice can be corrected. We are all fallible and make mistakes from time to time, I would strongly advise that any advice is posted on your thread.