Royal Mail Small Claims Court (Won)

Cameron1590_2

Hello,

I will try and keep this short. I sold two ceramic items on eBay and posted to the buyer via RM tracked 24. 

Buyer sent me a photo showing the items arrived smashed (seriously smashed, it was in tiny pieces). 

Lodged a claim with RM along with photos, packaging photos, transaction information from eBay. 

Royal Mail refuse the claim on grounds that the packaging was insufficient. (Item was double boxed, wrapped all the way round in bubble wrap and placed in a bubble wrapped Jiffy bag). 

I issued claim via money claims online. 

The 14 days for defence or acknowledgment expires on Monday 23 October and I intend to file a default judgement. (Assuming they don’t reply or acknowledge service by then). 

I have just noticed that the address for service is potentially incorrect, which is probably why Royal Mail haven’t responded. 

The address I gave for service is “100 Victoria Embankment, London” and it looks like Royal Mail moved from this address four or five years ago, based on some digging I did last night as I was surprised they’d not acknowledged or filed a defence. 

Why did I use this address? Because the email response refusing my claim that was sent by RM stated it was Royal Mails Registered Address!

What are the chances of Royal Mail getting the default judgement set aside if they provided the wrong registered address on their own correspondence?

I would like to think it was slim but I’ve never done this before. 

Thanks,

Cam

sheramber

was it as well packed as this 

https://www.google.com/search?q=royal+mail+sending+ceramics&oq=royal+mail+sending+ceramics&gs_lcrp=EgZjaHJvbWUyBggAEEUYOdIBCDk1OTNqMGo0qAIAsAIA&sourceid=chrome&ie=UTF-8#kpvalbx=_SHEyZcaOGpbBhbIPqfqjgAk_6

DullGreyGuy

Which legal entity did you issue against (how exactly did you word it)? 

Court action requires to you to clearly identify the defendant and most people are lax and don't. Not only could they get that set aside but easily get it dismissed too because it could be against one of a dozen companies or you may even have sued a company that doesnt exist (eg Royal Mail PLC)

Jonboy_1984

Did you follow their guidance and have proof you did?

“ where a breakable item has not been packed in a strong container with enough packaging material to protect the item against pressure and knocks, and where the item has not been marked with the words “FRAGILE HANDLE WITH CARE” in capital letters on the cover or envelope above the address”

Cameron1590_2

Just to update this thread. I requested a default judgement as Royal Mail hadn’t accepted service or provided a defence. 

The very same day the judgement was issued, Royal Mail contacted me and they have now paid me for the disputed amount.