Document posted by solicitor lost in the post

Michael1001

Hello

My solicitor posted an Enduring Power of Attorney to me and it has got lost in the post.

The solicitor says they "cannot be held accountable for the failures of the Post Office" and as it did not lose the EPA "feels it would not be reasonable to replace it free of charge."

Surely this cannot be correct but after a search on the internet I cant find any legal reference that actually says they are responsible.

Can any one assist?

Thank you for your time.

scottishchick27

I work in a solicitors office and important documents like these are always sent recorded or special delivery, I would say they are liable for the replacement. If they didn't send it recorded delivery how can they prove that they sent it and it isn't sat on someone's desk? I would put a complaint in to the complaints partner at the firm.

marywooyeah

scottishchick27 wrote: »

I work in a solicitors office and important documents like these are always sent recorded or special delivery, I would say they are liable for the replacement. If they didn't send it recorded delivery how can they prove that they sent it and it isn't sat on someone's desk? I would put a complaint in to the complaints partner at the firm.

Yup! my firm sends stuff out recorded too, threaten to complain and watch a free replacement wing its way to you - recorded of course!

Michael1001

Many thanks for your quick responses.

I will contact the solicitor today.

It seemed strange to me that they would make a statement denying responsibility , interestingly I could not find any guidance on legal sites that actually states that they are.

MX5huggy

Michael1001 wrote: »

It seemed strange to me that they would make a statement denying responsibility , interestingly I could not find any guidance on legal sites that actually states that they are.

That's because they aren't, once you post something, it is considered delivered.

daska

The onus is surely on them to prove they posted it? It seems reasonable to demand that they chase it up with the Post Office, who do after all provide proof of postage free of charge!

victory

Just popping it in the post when it is an important letter must be irrespinsible surely? Recorded delivery protects things like this happening, take it up with them again, if they did post it, where , when, get them to chase it up with the post office, let them do the work, get them to send out a replacement free of charge recorded this time!:D

**curlywurly**

I am not sure I understand this. They are refusing to print off another and send it to you for free?

Michael1001

**curlywurly** wrote: »

I am not sure I understand this. They are refusing to print off another and send it to you for free?

Yes , so far , they are refusing to replace it free of charge.

They have offered to provide a replacement at the half price of £225 plus vat.

**curlywurly**

Utterly ridiculous. The document must be held on their system. To print off another and post it to you will cost a few pence, a cost which should be borne by them because you are the client and you didn't receive the document.

I am outraged on your behalf! What is this going to take? About 5 minutes of a secretary's time? Or am I missing something?

Brighton_belle

I presume you are talking about a fully filled in signed LPA though? Sending that non recorded is appalling.
You can't be meaning a blank from that can be down laded for free from the Govt website, or the Age UK website?

FWIW I've just filled all 4 (health and welfare and business and finance)for free for my parents, at their request and their GP has signed the relevant bit, no solicitor used at all).