Why recorded delivery?

Waldir

Hi,

I hope this is the right forum... hard to find a place for this question:

When we want to cancel an order (for example during the 7 days cooling-off period after signing a contract to install windows), why is it recommended to send a letter using recorded delivery?
It gives a proof that the recipient received the letter, but it doesn't keep track of what we wrote in it... Can't the recipient (assuming it is a bad company) claim that we just sent a thank you note, or even a confirmation letter?

Is there a better way to send this kind of important notice? (can emails contents be tracked down more precisely than letters, if it goes to court?)

Thanks for any insight,
Waldir

wealdroam

In civil cases, courts work on 'reasonable probability', or something like that.

I imagine if you are taking a supplier to court for any reason, the judge is probably going to believe you when you tell him that you didn't send a thank you note.

neilmcl

Emails are classed as a durable medium and a perfectly acceptable as evidence.

Wealdrom - I believe the correct term you're looking for is "balance of probabilities".

Hintza

You don't need recorded, all you need is a COP (Certificate of Postage). Recorded will not track to a big company anyway as they don't sign for stuff individually.

If they claim you sent a thankyou note they would need to produce it.

Fosterdog

When I've had to send things with proof of postage or recorded delivery I also either photocopy a handwritten letter or print a second copy of a typed letter and staple my receipt to it. That way I have proof the letter was written and proof that something was posted which would help with the Balance of probabilities if the company deny receiving it.

wealdroam

neilmcl wrote: »

Wealdrom - I believe the correct term you're looking for is "balance of probabilities".

Yes, you are right... just couldn't think of the right phrase last night.

custardy

Hintza wrote: »

You don't need recorded, all you need is a COP (Certificate of Postage). Recorded will not track to a big company anyway as they don't sign for stuff individually.

If they claim you sent a thankyou note they would need to produce it.

Not quite true
it is more likely an RD could be missed
however RMs systems allow for 00s of sig items to be delivered with a signature

malchish

If it is very important, the letter can be brought to the post office, the smart phone camera switched to video, and you can videotape putting the letter in the envelope, givng it to the post office worker, and getting a receipt. Post office workers are always happy to allow this, just explain that you are worried and that it is a complaint being sent.

InsideInsurance

malchish wrote: »

If it is very important, the letter can be brought to the post office, the smart phone camera switched to video, and you can videotape putting the letter in the envelope, givng it to the post office worker, and getting a receipt. Post office workers are always happy to allow this, just explain that you are worried and that it is a complaint being sent.

This really would be massive overkill though.

As has been said, the civil courts work on the balance of probabilities and what are the odds that someone would go to the hassle to send something else through the post with RD to then later claim it was a complaint letter or letter before action and risk the other party being able to produce the thank you note? How many people are that desperate to go to court that they'd avoid trying to settle the complaint outside of court?

Waldir

Thanks everyone!

It all makes sense after all