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Recorded Delivery Failures - County Court Action?
kevinyork
Posts: 1,232 Forumite
Ive posted before about failures by RM to get a signature, or at least make one available, for Recorded Deliveries.
We have previously claimed the original RD price back where RM couldnt present a signature. The last bulk claim we did over a year ago the failure rate was around 43%.
We finally got round to looking at the next lot of RDs and it stretches back around 16 months following on from the previous claim (we should have done it earlier but have been too busy).
Anyway, we found out that RM now only have access to a years worth of RD records. So they have said we can only claim for the last year as they have no way of verifying ones before that. Therefore we would lose on 4 months of claims.
Weve asked them to show in their terms and conditions, in any literature or on their website where it says that claims for failed RDs must be made within a year but they admit that it doesnt exist anywhere except as Head Office Policy. They will pay out for those in the last year where the failure rate for not being able to provide a signature is an improved 36%.
We have argued that just because their records dont go back further that isnt our problem and that our hundreds of records show that for all the RDs we sent in the last year there was a 36% failure rate therefore it is reasonable to assume that for the previous 4 months, where they have no records, that it was running at 36% (or higher) and they should payout on a pro-rata basis.
We are thinking about a County Court claim to recover the cost of the Recorded Deliveries in those 4 months based on the failure rate that we can prove from the previous 12 months and the following 12 months.
Has anyone any experience of County Court claims against Royal Mail. It isnt a huge amount of money but its the principal. We are constantly faced by different RM staff in Customer Service stating policy and then not being able to produce that policy and clearly they are making it up to suit themselves. If we had known there was a one year cut off we would have adhered to it.
We have previously claimed the original RD price back where RM couldnt present a signature. The last bulk claim we did over a year ago the failure rate was around 43%.
We finally got round to looking at the next lot of RDs and it stretches back around 16 months following on from the previous claim (we should have done it earlier but have been too busy).
Anyway, we found out that RM now only have access to a years worth of RD records. So they have said we can only claim for the last year as they have no way of verifying ones before that. Therefore we would lose on 4 months of claims.
Weve asked them to show in their terms and conditions, in any literature or on their website where it says that claims for failed RDs must be made within a year but they admit that it doesnt exist anywhere except as Head Office Policy. They will pay out for those in the last year where the failure rate for not being able to provide a signature is an improved 36%.
We have argued that just because their records dont go back further that isnt our problem and that our hundreds of records show that for all the RDs we sent in the last year there was a 36% failure rate therefore it is reasonable to assume that for the previous 4 months, where they have no records, that it was running at 36% (or higher) and they should payout on a pro-rata basis.
We are thinking about a County Court claim to recover the cost of the Recorded Deliveries in those 4 months based on the failure rate that we can prove from the previous 12 months and the following 12 months.
Has anyone any experience of County Court claims against Royal Mail. It isnt a huge amount of money but its the principal. We are constantly faced by different RM staff in Customer Service stating policy and then not being able to produce that policy and clearly they are making it up to suit themselves. If we had known there was a one year cut off we would have adhered to it.
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Good luck kevin, time someone took a stand.0
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Indeed. I sent my Dads birthday card RD on Friday 31 Jan to get there next day Sat 1st Feb, he didnt get it till the Monday, I was gutted.
RM said they have a sig for the Saturday date/time - errrmmmm dont think so
the postage cost me more than the expensive card I sent0 -
sexandthecity wrote: »Indeed. I sent my Dads birthday card RD on Friday 31 Jan to get there next day Sat 1st Feb, he didnt get it till the Monday, I was gutted.
RM said they have a sig for the Saturday date/time - errrmmmm dont think so
the postage cost me more than the expensive card I sent
In that instance I am sorry but the RM were quie correct. If you sent it recorded delivery then there is no guarantee of delivery time at all as it is standard mail and is not even lost until after 15 working days.
If however you mean that you sent it special delivery and paid extra for Saturday delivery (standard special does not cover Saturdays) then yes you would have been entitled to recover the cost of the service which would have been around £7.15 (£4.95 for special plus an additional £2.20 for Saturday delivery).
AS you say that RM have a signature then that should be available online and will show the date and approx time (before 12 for instance) that the item was delivered. If it states online they delivered on Monday then you have a claim. Whilst I think RM services are in decline I am not aware of any circumstances posted on here so far where a false delivery date was deliberately showed online by RM.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
...Weve asked them to show in their terms and conditions, in any literature or on their website where it says that claims for failed RDs must be made within a year but ...
http://www.royalmail.com/portal/rm/content2?catId=69800733&mediaId=80300735...Claims for loss, part loss and damage must be submitted within 12 months of posting...
They haven't just added that clause - i remember seeing it some time ago
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
36% is appalling - I use recorded delivery to prove that letters of complaint were sent to our managing agents. I expect to need to use these in a Leasehold Valuation Tribunal so it's pretty important they are shown to have arrived! I never follow up the signatures ... perhaps I should.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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36% is appalling - I use recorded delivery to prove that letters of complaint were sent to our managing agents. I expect to need to use these in a Leasehold Valuation Tribunal so it's pretty important they are shown to have arrived! I never follow up the signatures ... perhaps I should.
In October 2008 not one single item I sent recorded ever showed up online as being received.
I am currently running at between a 40 and 70% failure rate for recorded.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
http://www.royalmail.com/portal/rm/content2?catId=69800733&mediaId=80300735
They haven't just added that clause - i remember seeing it some time ago
As that says 'Claims for loss, part loss, damage or delay should be submitted on a “Lost damaged or delayed inland mail claim form” known as a P58. A copy of this form can be found at the bottom of this page.'. This isnt a claim for any of those and RM have accepted that this clause does not apply to recorded delivery signature and that there is no published policy regarding deadlines for claims for no signature on RDs0 -
As that says 'Claims for loss, part loss, damage or delay should be submitted on a “Lost damaged or delayed inland mail claim form” known as a P58. A copy of this form can be found at the bottom of this page.'. This isnt a claim for any of those and RM have accepted that this clause does not apply to recorded delivery signature and that there is no published policy regarding deadlines for claims for no signature on RDs
Whats your claim for?
Where's their term that says that clause does not apply to RD? I think it applies to all claims for compensation however the item was posted.
Whenever I have a RD item with no proof of delivery I use that form and claim the item was lost. They've always paid out (but I do submit claims within the stated timeframe)"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Sorry I cant answer your question but can you tell me how you process the claims? So far it seems I have to complete a sheet for every one of them that is unsigned for and due to the amount of post we send its a nightmare and takes hours to complete all these double-sided forms with all information and all because of no signature. Is there a quicker way to do it? Do you write a letter or have a different form where you list them all? Any help appreciated as I put these off for so long due to the times involved and then end up going over the 12 month limit too.Some People Live & Learn, Some People Just Live...0
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Could you perhaps partially complete a form with all your information, photocopy it and then fill in the unique parts?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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