Royal Mail lost item compensation ?

cornerstone13

Just wanted to check your opinions, as I think I know the answer to this already.

We sent two Blackberry phones by recorded 1st class post to one of the Cash In companies, who had offered us £200 - we have the screen dump of their offer as proof.

The phones didn't arrive and we have followed Royal Mail's compensation method and received a cheque today for £47, which we believe is the maximum RM can pay out.

Our question is - is it worth taking them to the Small Claims Court for the remaining £153 ? We feel the fact that they're willing to pay us the maximum under their rules is an admission of liability, but we are left out of pocket.

Has anyone else tried this and if so, what is the likelihood of success?

Thanks

fluffnutter

Why didn't you take out Special Delivery which insures your items up to the value of £500? You sent it by a service that openly states the maximum value of compensation will be £47, despite there being a more appropriate service on offer and now want to take them to court. You'd lose.

fluffnutter

I think I must be lucky with my local post office staff. Whenever I send a package I'm always asked whether the value exceeds £47, so I guess I've got no excuse for not realising that anything beyond that sum won't be insured.

I appreciate, of course, that if you don't use the post office to send the package (although this would be a bit odd because how else would you know how much it cost?) or if you have dozy staff who don't ask you the value of your items, you're not going to know that only Special Delivery insures items of £48 and more. But even so, when sending valuable items through the post, the onus really is on you to ensure you've got the appropriate cover.

somethingcorporate

Likelihood of success = 0%. They paid out to the maximum the item was insured for.

If you only had contents insurance for £10k worth of items at home and your Francis Bacon went up in smoke you could hardly sue the insurer for the millions you had lost for your own stupidity!

wealdroam

somethingcorporate wrote: »

If you only had contents insurance for £10k worth of items at home and your Francis Bacon went up in smoke you could hardly sue the insurer for the millions you had lost for your own stupidity!

But if I gave my Francis Bacon to you to look after and you did not take good care of it and it was 'lost', could I sue you for millions?

I quess the answer would be different if I wrapped up the said FB in brown paper and asked you to look after this package for me without telling you what it was worth.

I don't know the answer... just playing devil's advocate.

somethingcorporate

It's a fair point but if I tell you upfront that I am only covering your items to a value of x (and they are worth y) it is not exactly my fault you have been a cheapskate and not covered them for the full amount

fluffnutter

somethingcorporate wrote: »

It's a fair point but if I tell you upfront that I am only covering your items to a value of x (and they are worth y) it is not exactly my fault you have been a cheapskate and not covered them for the full amount

Particularly if I say 'You could take out *this* service that fully insures your Francis Bacon. Would you like to do this instead?'.

Mayflower10cat

I don't think you have a leg to stand on. Like Fluffnutter, our local PO ALWAYS asks the value of a package before accepting it. Recorded Delivery merely ensures a signature upon receipt, that's all, nothing else. 'Special Delivery' is probably what you should have opted for. I think you're insured for up to £500 on that?

cornerstone13

Thanks for all your replies - I didn't think we would have a hope, but just wanted to check.

Lesson learnt !!

Pari5ian

Apologies for hijacking this thread, I didn't want to start a new one

I was left a ‘while you were out card’, popped in to collect my items the following day and they couldn’t be found. This was on the 20th July and they still haven’t turned up! I put in a complaint, including a photocopy of the card and received the standard reply and 6 1st class stamps. To add to that they said that the contents of my item were listed against the prohibitions and restrictions for sending mail in the UK.

My missing items were a charm bracelet, wedding sweets and wedding bubble favours! I can only assume that the soap bubbles were prohibited????

The postie at the Sorting Office is extremely helpful and has gone out of his way to try and find them, and was as shocked as I was at the response I got. I've escalated my claim, and await to hear back from RM but I'm not holding out much hope.

somethingcorporate

Shouldn't the sender be putting in the claim and be replacing your items?