Jump to content


  • Tweets

  • Posts

    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Royal Mail failed redirection - didn't know I was being taken to court!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2034 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

Hope someone can help me.

I moved home a few years ago and paid for Royal Mail redirection.

 

 

At some point about18months later (redirection still in place) a bill was sent to my old address, but not forwarded by Royal Mail.

 

 

The claimant then began court proceedings and this was also not forwarded.

The case went to court and went ahead without my knowledge and I 'lost' as I didn't appear.

 

 

The first I heard of this was when I did eventually get a redirection saying that judgement was made against me

and that a CCJ had been issued against my name!

You can imagine the horror on opening that letter!

 

I had to pay £155 to the court to have the case 'reopened' and judgment set aside so I could request the CCJ to be removed..

The court had no objection to that due to the fact that Royal Mail didn't redirect the claim or documents.

 

 

I then spent three months trying to clear the CCJ from all of the agencies.

I had no problem paying the debt (I would have done in advance if I'd have known about it!), and that was paid.

But can I claim from Royal Mail these additional costs that I incurred due to Royal Mail's lack of redirection?

ie the cost to have the case reopened?

 

Any help would be much appreciated!

Link to post
Share on other sites

Normally you would request costs of the application within your application from the judgment creditor...to be determined by the court...which is normally granted on a successful set a side.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Unfortunately the debt wasn't in question, so I was told by the court that I couldn't claim from the claimant

(and they wouldn't order it) as it wasn't their fault or responsibility.

 

 

The set aside was successful but only to reopen the case,

set aside the judgment (so I could get CCJ removed), and then I paid the debt.

 

 

The creditor said at the time that I should be pursuing Royal Mail for the cost of the set aside,

that was why I thought I would investigate

 

 

. Hope this makes sense,

 

 

it's all rather new to me!

Link to post
Share on other sites

Okay...well I suppose there is nothing stopping you penning a letter to the correct dept of the RM and stating same....give them details of the case etc...and your losses in dealing with the aftermath and see what response you get.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

was there not a post somewhere that relates to the brown a4 envelope the claimform comes in stating:

do not redirect on it?

 

 

just rings a bell

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Notification of outcome of postal service by the court

 

CPR 6.18

 

(1) Where –

(a) the court serves the claim form by post; and

(b) the claim form is returned to the court,

the court will send notification to the claimant that the claim form has been returned.

(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.

 

 

Is there anything that can’t be redirected?

 

These items will not be redirected:

 

mail for people or organisations who weren’t occupying or conducting business from your old address

Parcelforce Worldwide products, and other carriers’ mail that is not delivered by Royal Mail

mail where the old address is a boarding house, hotel, college or other multi-occupied premises

mail from a British Forces Post Office (BFPO) address

Special Delivery, Recorded Signed For and Royal Mail Tracked items to a redirection address outside of the UK.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

great answer that one then.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
great answer that one then.

 

 

dx

 

It was a fair point to raise DX...as that may be a line of defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I'm not 100% sure I follow - is this something in my favour or not?

 

But (if this is relevant) I don't believe that the claim form was 'returned to court'

(I assume that this would have been mentioned/brought up later),

 

 

I can only assume that they

 

 

a) didn't redirect and delivered to the person living there

(although I left some labels for him and he was considerate in forwarding anything so this is unlikely) or

 

 

b) it got 'redirected' and lost somewhere enroute. or I suppose

 

 

c) simply got lost in post irregardless of the redirection!

 

Maybe I follow now - are you discussing whether Royal Mail is even allowed to redirect court docs?

Link to post
Share on other sites

" Maybe I follow now - are you discussing whether Royal Mail is even allowed to redirect court docs? "

 

Correct...and most probably C) above given the information you have provided.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Just tried to call Royal Mail, the gentleman I spoke to said he refused to log a complaint about this as they wouldn't pay me compensation. When I said surely he should at least log the complaint he continued to refuse. Is that normal/acceptable?

 

Maybe I just need to write in?

Link to post
Share on other sites
Okay...well I suppose there is nothing stopping you penning a letter to the correct dept of the RM and stating same....give them details of the case etc...and your losses in dealing with the aftermath and see what response you get.

 

:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Take time to research the correct contacts/dept...and make sure your letter hits the correct target.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You need to forget the customer compliance department (Phone) as they are simply there to take the flack. If any complaint is registered it goes on a system called "CLEO"

 

That is a waste of time as the complaint then simply gets sent down the line to the Delivery Office Manager to investigate (Passing the buck)

 

You need to send your complaint in full and any proposed action you are contemplating to:

 

Legal Team, Royal Mail Group Ltd PLC, 100 Victoria Embankment, London EC4Y 0HQ

 

Send Recorded Delivery

Link to post
Share on other sites

Royal Mail will respond with immunity under Section 90 of the Postal Services Act 2000:

 

“no proceedings shall lie against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of the universal postal service…”.

 

 

Your response will be that the Redirection service is not covered under the Postal Services Act as it is a seperate commercial service operating outside the act

 

For the record "Do not Redirect" letters are normally identified with green chevrons on the outside of the enverlope

Link to post
Share on other sites

Excellent ...there you have it jh321...time to start drafting :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I would be tempted to ask for my re-direction fees back as the Post Office failed to provide the service that you paid for as well as asking for compensation for their incompetance - and don't let them fob you off with a book of stamps like they usually do!

Link to post
Share on other sites
  • 2 months later...

A little update, and a hope that someone might be able to give me a bit more help.

 

 

I wrote to RM and they ignored the letter.

I wrote again, ditto,

 

 

eventually I got a letter from a solicitor saying that they were acting on behalf of RM

(all seemed rather over the top for such a small issue, especially as they never even replied to me)

and would respond in due course.

 

the solicitor eventually replied and totally denied my claim stating

that their liability is limited to only refunding the days that they didn't redirect

- they reference clause 11.2

 

 

which says

"If we do not provide the Redirection as required by this agreement because of our negligence,

our breach of this agreement or for any other reason for which we are responsible in law

we will refund the charges you have paid for the Redirection on a pro rata basis for each working day

when we did not provide the Redirection as required by this agreement,

 

 

and that will be our only liability to you (subject to clauses 11.4 and 11.5)'

 

 

then go onto say that

" they make no provision for compensation in respect of the consequential losses you have suffered and our client denies any liability in this respect."

 

Can someone really include a clause that says that if they breach the contract

that they are only liable in this way (ie pennies)?

Has anyone come across this before?

 

Or is their liability limited by this clause, but I am still entitled to compensation? (perhaps - I'm not very legal savvy!)

 

I'm hoping someone has some advice on this.

I feel that their going straight to a solicitor perhaps suggests that there is more to it, but maybe I'm wrong!

There was a helpfull person earlier but I think their post has gone sadly!

 

Thanks in advance!

Link to post
Share on other sites

Interesting response. How are they going to prove the re-direction actually took place on any particular day?

 

I'm sure there must be some unfair business practice legislation that can be used here as RM are taking payment for a service they acknowledge they may not be able to provide.

 

 

Did you also receive a copy a copy of their terms and conditions at the time you purchased this particular service from them?

 

 

IMHO they cannot take payment for a service and when that service they have taken payment in advance for does not take place

hide behind some obscure clause that ensures they cannot take liability for their actions (or lack of).

 

 

Hopefully someone with far better knowledge than me can give help here.

Link to post
Share on other sites
Royal Mail will respond with immunity under Section 90 of the Postal Services Act 2000:

 

“no proceedings shall lie against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of the universal postal service…”.

 

 

Your response will be that the Redirection service is not covered under the Postal Services Act as it is a separate commercial service operating outside the act

 

For the record "Do not Redirect" letters are normally identified with green chevrons on the outside of the envelope

 

I think the above may have been the post you was referring to....which has transpired to be good advice.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes, that was the post, thank you for finding! It does seem odd to me that they can now just state a clause that means they are not responsible for providing a service that I paid them to provide!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...