RoyalMail-undelivered goods

[Qhriss]

Hi,

better start another action.....Last year got knocked off my bike n my laptop broken, other party's insurance requested me to post it ( 28 April08) which I did, 3months went by, no laptop-checked online ( still undelivered) put in Lost item claim -no reply. Today sent off letter saying either

1)Find item so I can continue claim

2)Refund me the cost of the replacement

3)I take you to smallclaims+costs ect

Without the broken ie useless ie worthless laptop, I cannot make an insurance claim. I have contract with RM, mother was there to witness packaging and deal with Postmanager,

Let's see how this developes, Q

[barracad]

Have you not received any communication from Royal Mail whatsoever?

 

Oh, and you more than likely have no contract with them, but that's a different matter - what service did you use to send the item?

[elche]

Well they are listed on their website as, Royal Mail Group Ltd. Thus i don't see why this should be any different to any other contract.

 

It appears that the other party has breached the contract i.e. not delivered the goods, and thus you are entitled to compensation to reflect your losses that stem from their breach.

 

How can you prove what was posted? Do you have a certoficate of posting or was it recorded?

 

One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc.....

 

But to be honest I can't believe this. All Ltd companies have a legal personailityu capable of being sued.

 

the reality is that they will spend more on legal fees to defend rthe claim than to settle.

 

send recorded LBA and 14 days later commence proceedings.

 

Good luck

[barracad]

One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc.....

 

But to be honest I can't believe this. All Ltd companies have a legal personailityu capable of being sued.

 

Majority of RM services are provided under the Postal Services Act 2000 and are non-contractual. They are also exempt from liability in certain circumstances so it may be difficult to sue them.

 

Nevertheless they should still cough up the compensation you're entitled to under their own compensation schemes - hence why I asked which service was used and RM have had to say on the matter thus far.

[Weird Al Yankovic]

Well they are listed on their website as, Royal Mail Group Ltd. Thus i don't see why this should be any different to any other contract. No contract is ever entered into with RM, not even with Special Delivery.

 

One word of caution I once threatened legal proceedings against RM, but the woman was adamant that they occupy a unique position and cannot be sued Her Majetsy's Mail etc..... The lady was quite correct.

 

But to be honest I can't believe this. But it is a fact. All Ltd companies have a legal personailityu capable of being sued. RM are not a limited company in the same sense as other limited companies in the UK as the government are the major shareholder and limited liabilities can hardly be appropriated to the UK government.

 

....

[elche]

Well well you learn something new every day. I did suspect that this may be case, but then saw them listed as a ltd company on their website.

I'll be posting valuable items with someone else from now on!

[Qhriss]

Hi -Read the articles on Recorded Del'

 

Here's a pitch to try. After having my laptop broken -and leg broken- in a bike crash last year. Insurance company told me to send it to them for assessment. Went into PO to send it with Mum, who witnessed packaging / exchange with PO manager. PO manager said-just send it Recorded ( No value ) Posted it- no reply from recipient-months go by -no show on tracking.Made claim for loss- RM keep sending letters saying more details needed. I send letter demanding, return of lost item / compensation / small claims court issue. RM reply saying more detail needed.

 

Basically I am set to do a small claims case on this. Breach of contract. Worth a shot.Without this item cannot resolve insurance claim.

 

Q

[MrShed]

Qhriss you cant win, as RM has immunity in law (due to Postal Services Act 2000) from such claims.

 

Advise you give up frankly.

 

Also, should have been sent special delivery as your maximum compensation sent signed for is £36.

[Qhriss]

Well- not good.However the advice the PO manager gave us, witnessed, was to send it this way. Special Delivery was expensive -£25 or so. So really as it is a service provided, for which I paid for. Some case should exist ?

 

Q

[MrShed]

Qhriss sorry but you miss the point.

 

RM have ABSOLUTE IMMUNITY from such claims. Is it completely unfair? YES. Can you do anything about it? NO.

[Qhriss]

Ah- well then...

[MrShed]

If it was any other company, I would wholly agree with you - they would be in breach of contract, and the customer assistant was negligent in his advice, directly leading to your loss. Virtually a guaranteed win in court. Unfortunate really that RM has this unique position in law.