Landlord refuses to forward my parcel! Probably stolen... What are my rights?

kay0981

bod1467 wrote: »

Which is what sfA was saying. The LL could open the parcel to confirm the contents. As long as he doesn't DO anything with them (per my post #15) then he won't be breaking the PSA 2009.

Why would he need to confirm the contents? That definitely wouldn't hold up in the court... Taking all the factors into account (like, the correspondence we've had, and that fact the parcel had my name on it), there would be no reasonable justification for him to 'confirm the contents'.

powerful_Rogue

kay0981 wrote: »

Why would he need to confirm the contents? That definitely wouldn't hold up in the court... Taking all the factors into account (like, the correspondence we've had, and that fact the parcel had my name on it), there would be no reasonable justification for him to 'confirm the contents'.

"You Honour, the female hadn't lived at this address for sometime. Considering she said it was a valuable package it puzzled me why it had been sent to my address incorrectly.

Although I offered to forward it on, I was suspicious and concerned that my address may have been used as a forwarding address for either an illegal or fraudualnt item - especially as the package had an ID8000 label attached indicating 'dangerous goods' were contained withing the package"

custardy

kay0981 wrote: »

That's not true... It is a criminal offence to open a letter or a parcel addressed to somebody else. Opening someone else's parcel and claiming the contents is breaking the law.

Postal Services Act 2009

“A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

The parcel has my name on it, and considering the contact I've had with my landlord (of which I have kept records of); he knows full well that the parcel has been incorrectly delivered to his address.

If you are going to quote a law. its probably a good idea to understand the law.
The very part you quote could be used by your ex landlord.

kay0981

And so all hope is lost.... =(

powerful_Rogue

kay0981 wrote: »

And so all hope is lost.... =(

What I would do in this situation.

1) Text again apologising for "pestering" him, but asking when he intends to send the package on, or whether if you arranged a collection when would be convenient for him to be at the address to hand it over.

Next part all depends on how he reacts to that text.

He ignores it - Leave it 5-7 days and then send him a letter via RM Signed for. Keep it short and to the point. Explain that you gave him the option to reject the package, but he offered to accept it and forward it on. Advise that you have offered to arrange collection but he has failed to acknowledge you. Tell him that if he fails to return the package or make contact arranging collection within the next 7 days, you will take it he has dishonestly appropriated the package with the intention to permanently deprive you of it and as such will be contacting the local police.

Says he wills end it - Wait 7 days, then follow up again. If still no adequate response, then follow the advice above regarding letter sent RM signed for.

kay0981

powerful_Rogue wrote: »

What I would do in this situation.

1) Text again apologising for "pestering" him, but asking when he intends to send the package on, or whether if you arranged a collection when would be convenient for him to be at the address to hand it over.

Next part all depends on how he reacts to that text.

He ignores it - Leave it 5-7 days and then send him a letter via RM Signed for. Keep it short and to the point. Explain that you gave him the option to reject the package, but he offered to accept it and forward it on. Advise that you have offered to arrange collection but he has failed to acknowledge you. Tell him that if he fails to return the package or make contact arranging collection within the next 7 days, you will take it he has dishonestly appropriated the package with the intention to permanently deprive you of it and as such will be contacting the local police.

Says he wills end it - Wait 7 days, then follow up again. If still no adequate response, then follow the advice above regarding letter sent RM signed for.

Ok, thank you, I'll do that. Although I don't feel that I have been 'pestering him' about anything, considering that I only sent him 1 e-mail, almost a week after I read that the parcel was delivered and signed for. He's just really touchy like that.

pinkshoes

I'd do exactly as powerful rogue suggested, although before the letter, I'd send another text (a week after first if no response ) saying that you are really sorry to bother him again, could he please contact you regarding sending the parcel on, as the person who sent it wants to report it as theft to the police as it hasn't been sent on as agreed.

Auntie-Dolly

I didn't think you were allowed to send perfume via rm any more?

powerful_Rogue

Auntie-Dolly wrote: »

I didn't think you were allowed to send perfume via rm any more?

Its fine as long as you follow the rules.

Volume per item must not exceed 150ml. No more than four perfumes or aftershaves can be sent in any one package. The perfume or aftershave must be within its original retail packaging and then placed in strong outer packaging. The inner packagings must be packed, secured or cushioned to prevent breakage or leakage of their contents into the outer packaging.

An ID8000 label must be applied.The sender’s name and return address must be clearly visible on the outer packaging.

ShadowPuma

kay0981 wrote: »

Why would he need to confirm the contents? That definitely wouldn't hold up in the court... Taking all the factors into account (like, the correspondence we've had, and that fact the parcel had my name on it), there would be no reasonable justification for him to 'confirm the contents'.

Because if he is resending it on he is saying he knows what is inside is ok to be shipped. Therefore there is reason to open it.