Can one sue Royal Mail now in the Small Claims?

[aburobert]

Since privatisation of RM is it now possible to sue them in the County Court?

 

For example - refusing to pay out on lost mail which has a valid Certificate of Posting or Registration receipt (in the case of overseas mail). Or for not providing the service paid for - such as signature on delivery in the case of Recorded Delivery.

 

I'm getting fed up with the regular run around with feeble excuses such as 'it must have been delivered as the postman would have shoved in through the letter box' for RD items and so on.

[postmn]

you can but would it be worth it as you would have to prove actual loss .

[silverfox1961]

Hi, for normal postage (1st, 2nd class) they are protected from court action however, where you pay for an extra service (signed for, special delivery or additional insurance) you can sue them for the loss incurred.

[aburobert]

Thanks Silverfox.

 

In the past I got conflicting advice from Trading Standards though, to be fair, the Post Office backed down when they realised I had contacted them. I think TS wrote to them - then they paid out my last claim for a Signed For and Insured service to the USA which contained £120 in banknotes. At first they adamantly refused stating the item had been delivered when it had not. They could not even prove it had left the UK!

 

Recently I have been getting the 'must have been shoved through the letter box' treatment when I paid for a signature. Its just a royal pain in the backside having to constantly argue they have not provided a service I have paid for. Their services are not cheap and they have cut the compensation levels to the bone despite increasing prices.

[Consumer dude]

Is the loss just financial or can it be a different type of loss. I have had the issue my self with RD when it just hasnt arrived..

[silverfox1961]

The thread linked below is of a similar nature and some of the processes used are quoted.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?392591-Me-V-s-Royal-Mail-(advice-needed!)-**-Successful-Outcome-**&p=4244272&viewfull=1#post4244272

[obiter dictum]

You have always been able to claim any loss against Royal Mail, Privatisation makes no difference.

[Consumer dude]

Do you have to accept their pack of first class stamps for failing to deliver a RD ?

[silverfox1961]

Do you have to accept their pack of first class stamps for failing to deliver a RD ?

 

Nope. they did this to me once and I then complained by letter and used one of the six for postage and sent the others back. I think I got a grand total of £6.12

[obiter dictum]

I would like to know what case law or statute can be used for Royal Mail to defend against Tort?

 

When you pay for a service you are entering into contract. The same as the supply of Goods and Services Act 1982

 

That Harold Stephen & Co V's RM 1978 has no relevance now due to the Protections given in statute for lawful disputes against Royal Mail and their employees

 

Trade Union Labour Relations Consolidation Act 1992

[Consumer dude]

Nope. they did this to me once and I then complained by letter and used one of the six for postage and sent the others back. I think I got a grand total of £6.12

 

How did you complain, by RD ? lol..

[aburobert]

You have always been able to claim any loss against Royal Mail, Privatisation makes no difference.

 

Very true - but Royal Mail try to make it as difficult and as time consuming as possible to make that claim. And sometimes they simply refuse to honour the enhanced insurance taken out. This is what they did with my USA claim. As I was a little unsure about the recipient I had actually photo copied the notes and the envelope and had copies of all the documentation relating to the payment sent. They only paid when Trading Standards contacted them.

 

Very many never claim against Royal Mail in the first place when they mess up. Those that do mostly accept the book of stamps they get and those that go further are given a right run around. With each claim I have made I always seem to get a response from a different part of the UK - surely they should have one office dealing with such things not offices in every region that do not appear to specialise in losses in their area!

 

The RM often want an itemised list of contents - what does one do in the case of a stamp collection or similar. I was asked once to make a list of every stamp in an Israeli collection I sold to someone in Germany which disappeared. I argued that was totally unreasonable particularly as they had copies of valuations for insurance purposes. They again only paid up after several months of hassle and after contact with their head office in Old Street in London.

 

They need a kick up the backside and told in no uncertain manner that consumer regulations apply to them as well.l

[ericsbrother]

disagree, I lost a claim as you cannot sue RM according to Croydon County Court. You are obliged to accept whatever they offer via their complaints procedure and if that means accepting 6 first class stamps becuse you paid £18 extra for next day delivery and they didnt do it.

[aburobert]

When was the Croydon case? Or was this just advise given by the Court? If the latter then I would be wary accepting it dependant on the person who gave the advice.