Belongings left at workplace

omen666

I left a contract with a employer who I was working for some time ago and had some belongings there. I was asked to return the company blackberry before they would send my stuff back. I sent it to them signed for but they have not received it and Royal mail cannot tell us where it is even with the tracking number. It just says on the track and trace that it is progressing through their network.

They have told me i need to claim for it but my employer who have also called Royal Mail and have got the same response as me and say they are waiting for me to start a claim before they send my stuff back ( new clothing wrongly delivered to my work address rather than my home address)

Can they hold my stuff?

Uncertain

Two wrongs do not make a right!

It is possible to exercise a "lien" on items lawfully in your possession when money is owed, however I do not know if this extends to property.

The problem with signed for post is that it does not actually prove WHAT you sent, simply that you sent a package of a certain weight to a particular address. Assuming this was special delivery then the item is insured so it should be possible to claim the value from Royal Mail if they cannot find it, However this will take some time.

If it was sent Recorded Delivery the compensation will be limited to 100 times the cost of a first class stamp (£39 ??) which is probably nowhere near enough.

You will have to make the postal claim as you have the contract with royal mail.

I would be tempted to write to the firm with a photocopy of the proof of posting and politely say that you will be collecting your property at XX o'clock on YY March.

omen666

I have moved away from the area I was working, hence why I left the role. I had no problems in sending the blackberry none at all and fulfilled their request straight away so cannot see where the two wrongs do not make a right statement comes in. I feel they are being funn over this not me?

Uncertain

I was simply meaning them saying "we won't give you yours until you give us ours"! If both parties took this stance nothing would ever happen but both will still owe the other the return of their respective property!

omen666

But I returned theirs straightaway I didnt leave the company on bad terms or anything, cannot see how they can keep my stuff in lieu of and have given them the tracking number and everything

Uncertain

omen666 wrote: »

But I returned theirs straightaway I didnt leave the company on bad terms or anything, cannot see how they can keep my stuff in lieu of and have given them the tracking number and everything

As I say I do not know if this applies to a property "debt". If you owed them say £500 then they could legally refuse to release property of yours, that is lawfully in their possession, until the debt was paid.

You chose royal mail as your contractor to do a job for you (i.e. send the Blackberry back). If RM have lost it you will have to make the claim with RM.

It may be that the firm have the Blackberry insured so obviously they could claim on their insurance.......

jdturk

Uncertain wrote: »

It may be that the firm have the Blackberry insured so obviously they could claim on their insurance.......

Aside of obviously excess why should the firm claim, the OP has a duty to return the phone of which they have been unable to do.

DirectDebacle

As I see it the agreement was that you were to return the phone and they would return your property. You fulfilled your part of the bargain (so you thought) but find that you are being denied the return of your property until either the phone is delivered or you send whatever insurance the Royal Mail pay out.

Start your insurance claim with R.M. as soon as you can. Send copies of correspondence to the company. It may be that your property is returned to you as you have shown you kept your word and are now trying to recover loss which you will deliver in lieu of the phone. It was not your fault the phone wasn't returned.

Explain you need the clothes urgently. They may send them, they may not until either the phone/money turns up. Worth a try.

custardy

you did send it special delivery?

terra_ferma

Signed for does not mean it's actually going to be signed for....
I recently got registered post delivered by the postman together with the other mail, through the letterbox....

omen666

recorded I did ask them how they wanted sending and they said signed for