Document posted by solicitor lost in the post

DVardysShadow

MX5huggy wrote: »

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

Careful. A notice to someone, eg S21 notice to quit rented premises is indeed considered delivered once posted - if posting is proved.

A product is the responsibility of the provider to deliver. In this case, an EPA would be a product, I would have thought.

I suspect that the demand for more money was caused by the failure of the Solicitor in question - or his office junior - to recognise the distinction.

Michael1001

MX5huggy wrote: »

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

I discovered that is the case with deeds whilst in conveyance but I could not find anything definitive regarding other documents.

However as a previous poster had indicated, at the very least they should have shown a duty of care.

Thank you again all for your help.

Michael1001

Brighton_belle wrote: »

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).

It was a signed EPA which I understand are no longer available.

Brighton_belle

Michael1001 wrote: »

It was a signed EPA which I understand are no longer available.

Yes, it is differnt. Note to self...read opening post more carefully:D

In that case, I revert to paragraph one: it is shocking that they didn't delierv more securely.

daska

Good point, can you even replace an EPA? They had to be made and signed before October 2007.

rpc

For something like that, stuff Recorded - I'd expect special delivery or a courier.

Ask them for proof of posting and a copy of their complaints procedure. That may give them the hint.

If it an irreplaceable document, I've no idea what practical steps to take beyond kicking up a stink. I would expect them to be liable - I think it's fair to say you pay a solicitor to get the documents to you, not just to get them in the post if you can see the distinction.

Pee

All of the postal law seems to be a bit of a red herring. They posted out an original EPA to you. It got lost. They can't send you another if that was the original. Does anyone have a copy of the EPA? It is possible to register a copy, if not now then at a later date, and what they need to do is let you have a stautory Declaration concerning this being a copy and when they posted it etc so that you can use the copy when the time comes.
However someone there ought to be advising you of this, not just saying that the only option is a replacement LPA.

fluffnutter

Michael1001 wrote: »

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."

Not big on logic are they?

If their argument is that they shouldn't have to bear any replacement costs because they 'did not lose the EPA' then what's to stop you using exactly the same argument? You didn't lose it either.

Complain your arse off. They're absolutely trying it on.

Michael1001

UPDATE

Just to say the solicitor has now agreed to replace the EPA with an LPA free of charge.

Thank you to you all for your responses and practical advice.