Paying for a copy when I didn't recieve the original

nitra

Hi,

I'm currently claiming against an ex-room mate for costs of bills through the small claims court. I sucessfully processed the claim up until the Judgement..

But thats not what I'm interested in...

I had to ask for a "Copy of Judgement" to present to the defendant, and when I asked MCOL they told me they had to be court certified so one would be sent by snail mail as they couldn't provide an electronic copy...

14 days after I contacted them I hadn't recieved it, miffed I emailed them and asked them to confirm it went to the correct address and resend it.

I was told it had gone to the correct address and to have it would cost £5 for another copy as one had already been sent..

Obviously I don't want to pay to have a copy sent because I never recieved the original. Is this legal and does it come under the Distance Selling regs?

*In Short*
I was sent an important document for free by snail mail, it never turned up and now they want to charge me for sending another copy (am I within my rights to insist they send another copy free of charge)

wealdroam

In most cases, it is the sender's responsibility to ensure whatever they are sending reaches the intended recipient.

Clearly they have failed in that.

Are courts different in that respect? I don't know.

I also recall that items sent through the post can be assumed to have been delivered after a certain number of days.
Certainly, people have sent letters to DVLA and courts have deemed them delivered with no proof other than the word of the sender that he posted the letter.

Sorry I cannot be more positive. Good luck.

Edited to add...

No this is not covered by Distance Selling Regulations.
Clearly 'the goods' are customised specifically for you, a judgement for you against a specific individual, and are therefore exempt from DSRs.

frustrated123_2

Dont bother with small claims,waste of time.

bod1467

frustrated123 wrote: »

Dont bother with small claims,waste of time.

Reported. I suspect this is a fluff post to boost post count prior to spamming links.