Legal Action Against Royal Mail

[james141]

Hi All,

 

I posted something about 6 months ago with Royal Mail using parcel post.

 

The item never got there, I had paid for extra insurence up to £250.

 

The value of the item was £160. I have filled in Royal Mails lost item/claim for 3 times over the last 6 months.

 

I have not heard anything back to any of my letters.

 

In my last letter I told them if the issue hadnt been resolved within the next 14 days I would begin county court action.

 

The 14 days are now up and I have still not heard anything

 

My questions are:

 

1.) Can you take small claims action against Royal Mail, I would have thought so?

2.) Anyone got an idea what I should write in the online claims box?

 

Something along the lines of:

 

I posted a letter with royal mail on xxx which they have a duty to deliver. I took out extra insurance on the package costing xxx ......

 

Is that along the lines?

[livelylad]

Hi All,

 

I posted something about 6 months ago with Royal Mail using parcel post.

 

The item never got there, I had paid for extra insurence up to £250.

 

The value of the item was £160. I have filled in Royal Mails lost item/claim for 3 times over the last 6 months.

 

I have not heard anything back to any of my letters.

 

In my last letter I told them if the issue hadnt been resolved within the next 14 days I would begin county court action.

 

The 14 days are now up and I have still not heard anything

 

My questions are:

 

1.) Can you take small claims action against Royal Mail, I would have thought so?

2.) Anyone got an idea what I should write in the online claims box?

 

Something along the lines of:

 

I posted a letter with royal mail on xxx which they have a duty to deliver. I took out extra insurance on the package costing xxx ......

 

Is that along the lines?

 

 

Yes and Yes adjust the standard draft to fit your scenario.

[buzby]

However - there are a number of unusual caveats come into play. I took them to Small Claims court and lost (my mail item was opened and the contents removed whilst in the sorting office, before delivering an empty envelope). The offered compensation of £30. My assertion was due to the proven dishonesty of their employee - who had been suspended as was awaiting a criminal trial - they had a duty of care, and that's where I came unstuck.

 

Whilst they do have a duty of care, their 'crown exemption' made them immune from criminal acts perpetrated by their staff. Whilst the judge fully accepted my argument, the Act of Paliament took precidence, and I lost. Your complaint seems easier in comparison, you paid for the service and they've not kept their side of the agreement. Serve the summons on the Old Street (London) HQ.

[james141]

I see what you are saying, but I paid to insure the item so surely some insurace law comes in to this as if they dont pay out I have been mis sold the insurance?

 

Also surely the court would take a dim view that I have not heard back from them, the last letter was sent recorded delivery.

[buzby]

You don't have a problem - you took out the insurance and your claim has been mishandled, your action should focus their minds! (I was only explaining that you CAN take RM to court - but there are problems for some of us!).

[james141]

You don't have a problem - you took out the insurance and your claim has been mishandled, your action should focus their minds! (I was only explaining that you CAN take RM to court - but there are problems for some of us!).

 

 

Ok cheers ill let you know how it goes

[james141]

Hi All,

 

I have just been working on my paticulars of claim, so far I have got the following, any input is welcome as I know it is easy balls a claim up by not filling this in correctly:

 

The claimant claims £150.99 for a parcel posted using the defendant’s Parcel Post service this is broken down in to £140 for the replacement cost of the item and £10.99 postage. This parcel was posted on 13/07/06 and was never received by the recipient. The defendants own insurance was take out on this item at an additional cost. The claimant has tried to contact the defendant on three separate occasions using the defendants specific claim form. None of these communications were acknowledged or responded to. The last of which contained a warning of legal action and was signed for by a representative of the defendant on 18/10/06 tracking number (XXXX)

[barracad]

What did the item contain?

What service was used?

 

You need to state on the claim form the contents of the item and the service which was used to send it. Also you don't state whether it was inland or international. Quote the tracking number if it was a trackable service.

 

I don't think you'll get the postage back but there's no harm in leaving it in there.

[james141]

Thanks for the tips

 

It was their "parcel post" service which is not trackable but you get a proof of postage and I paid extra for the insurance.

 

It was a protien skimmer for marine fish tanks:

 

D Deltec MCE600

 

I dont know if it is worth putting that in as chances are they wont know what one is

[barracad]

There is no such service as "Parcel Post" so you need to quote the relevant service. If you mean Standard Parcels then state this, if it's any other parcel service then your claim would more than likely be against Parcelforce, not Royal Mail.

 

It is best to give as much information as possible, ensuring you quote the relevant service which you used, and I would definitely state what the contents were.

[buzby]

Yes - make sure you refer to it as 'Standard Parcels' delivery service. I'd also ensure you state that you will exhibit to the court the additional insurance receipt taken out in the event of loss or damage, before moving on to saying RM's customer services have not processed your claim for loss in a timely manner. Apart from that, it's fine.

[james141]

Ok thanks

 

How About this:

 

The claimant claims £150.99 for a lost parcel posted using the defendant’s “Standard Parcels” service. This is broken down in to £140 for the replacement cost of the item and £10.99 postage. This parcel was posted on 13/07/06 to a UK mainland address and was never received by the recipient. The parcel contained a Deltec MCE600 protein skimmer. The defendants own insurance was taken out on this item at an additional cost. The claimant has tried to contact the defendant via post on three separate occasions using the defendants specific claim form. None of these communications were acknowledged or responded to. The last of which contained a warning of legal action and was signed for by a representative of the defendant on 18/10/06 tracking number (xxxx)

[james141]

thanks Buzby, I will add thos bits in and post it in a few mins

[james141]

How about this:

 

The claimant claims £150.99 for a lost parcel posted using the defendant’s “Standard Parcels” service. This is broken down in to £140 for the replacement cost of the item and £10.99 postage. This parcel was posted on 13/07/06 to a UK mainland address and was never received by the recipient. The parcel contained a Deltec MCE600 protein skimmer. The defendants own insurance was taken out on this item at an additional cost, proof of which along with proof of the value of the item will be presented to the court. Royal Mail’s customer services have not processed this claim for loss in a timely manner, despite the claimant contacting the defendant via post on three separate occasions using the defendants specific claim form. None of these communications were acknowledged or responded to. The last of which contained a warning of pending legal action and was signed for by a representative of the defendant on 18/10/06 tracking number (xxxx)

[buzby]

Perfect. (I have one niggling caveat, which I'll explain here.) When RM pay out on insurance claims, the amount paid out represents the cost of the item (or replacement) at the agreed value. Whilst no reasonable person would bat an eye at claiming for the postage too (after all, they didn't deliver) the Act of Parliament that specifically mentions this - for the Standard Parcels service, the cost of postage paid is NOT recoverable (but is, confusingly, for their 'courier' type services like Special Delivery and above). If they challenge this element, they will win, but if they don't, you'll get the full amount sued for. Good luck!

[james141]

Hmm good point, when I have claimed from them before they did refund the postage.

 

But I see what you are saying, even if I put it on and they dispute it surely they cant despute the whole ammount they would only be able to despute part of it ie the postage?

[james141]

How about if I still calim £150.99 but not say £10 of it is for postage, when it goes to court I could prove that the £10 is what it would cost me on postage for a replacement item?

[buzby]

That would work - it's not a major issue, but someone might make an issue of it leading to a defence....

[james141]

Ok final version:

 

The claimant claims £150.99 for a lost parcel posted using the defendant’s “Standard Parcels” service this is the price the item was sold for and therefore the cost to replace the item. This parcel was posted on 13/07/06 to a UK mainland address and was never received by the recipient. The parcel contained a Deltec MCE600 protein skimmer. The defendants own insurance was taken out on this item at an additional cost, proof of which along with proof of the value of the item will be presented to the court. Royal Mail’s customer services have not processed this claim for loss in a timely manner, despite the claimant contacting the defendant via post on three separate occasions using the defendants specific claim form. None of these communications were acknowledged or responded to. The last of which contained a warning of pending legal action and was signed for by a representative of the defendant on 18/10/06 tracking number (xxxx)

 

I will check I have no post from them tonight, if not I will be filing it, thats if it fits in the stupid box they give you online

[buzby]

Thats you.... Go for it!

[james141]

Thanks for your help guys, I will keep you posted

[taff999]

Thanks for your help guys, I will keep you posted

 

 

no pun intended !??????!

[james141]

pun?

 

No pun you guys have been a great help.

 

Anyway I checked my mail and I had a letter from them, it was a bit of a crap letter just saying they are going to look in to it, so I will have to hold off the leagal action for the moment

 

Edit: ahh I just got it need to wake up :D