ROYAL MAIL Special Delivery

MrChubbly

Hi, I’m looking for some help and advice with Royal Mail’ special delivery. Sorry about the long post.

I had a very expensive laptop sent to me via SD Next day on the 7th December 07. It had enhanced insurance up to £2,500. I tried to track and trace over the weekend but kept getting the message ‘Information on your item is not available online yet’. Phoned RM after 1pm on the 10th and was told that they couldn’t trace the item therefore they would deem it as lost. A form was then sent to me and the sender asking for confirmation that the item had not been received. Sender was also in contact with RM and asked if they could authorise me to deal with the claim as they would be away until mid Jan. RM agreed that sender could write letter of authorisation for me to deal with claim.

Could finally fill out the P58 online on Christmas day, as this was 15 days since reported loss. All info required for claim along with form was sent to RM Plymouth on the 28-12-07 via SD. This was received and signed for by RM on the 29-12-07.

Phoned RM Plymouth on 3rd Jan 08 asking how long it would take for my claim to be processed. I explained laptop was a birthday and Christmas present for my son who we’d been saving up for all year and he’d saved some of his b’day and x’mas money since last year and this year to put towards it. Was told info I’d sent hadn’t filtered through to the correct department yet and it would be about 3 weeks for my claim to be settled.

Phoned RM again on 9th Jan to ask if the correct dept had received info yet. Was told NO! Phoned RM on the 11th Jan to ask if correct dept had received info. At this point they deemed the info lost in their system, I was told that if I had copies of the info I could fax it over that day and it would be dealt with straight away. I explained that I only had copies of some of the info and would try and get use of a fax and do as advised. Managed to get use of fax machine in husband’s office and after numerous unsuccessful attempts phoned RM who then told me their fax machine was broken and an engineer was working on it at that moment.

While I was waiting for missing bit of info to be sent to me by the sender of the parcel I phoned RM again on the 16/1, 17/01, 18/01 and 21/01 on the off chance that original info had turned up. But of course it hadn’t. On the 22/01 I finally had all info needed and this time successfully faxed it all off. Spoke to RM on 23/01 who confirmed that info had now been received. Phoned RM on 25/01 to ask how long claim would now take. Was told 5 working days from receipt of my info.

I phoned RM yesterday, 30/01 to ask if anything had been sent to me. Was then told my info had gone to the bottom of the pile and I would have to wait my turn for it to be sorted. Infuriated, I asked to speak to a supervisor and consequently vented a lot of steam in his ears. Couldn’t understand why on the 11th I was told my claim would be dealt with straight away now I was at the bottom of the pile and would have to wait my turn. He took some more details and promised to phone me back within half an hour. Anyway after having been given conflicting information and what seems like an eternity to sort out this claim a message was left on my call minder explaining that an internal investigation was going on with regard to the claim and I would hear from them in writing within 1-2 weeks with a final decision on my claim possibly with a settlement possibly not. I tried to speak to the supervisor but he wouldn’t or rather couldn’t give me any more details and apologised for his vagueness. The only thing that I managed to get out of him is that my laptop was not stolen by a postman. My concern is his comment on the settlement and the possibility that I might not get one and him not being able to give me a reason why. Where does this leave me. Where can I go from here. Have tried postwatch but they weren’t that helpful. Any useful info or advice would be greatly appreciated.

smcaul

I am a little confused? You purchased a laptop, was it new? Was it purchased from a shop or private individual? Did you pay via credit card? If it was a private sale then I would just ask for a refund from the seller and let them sort the postoffice out. At the end of the day if they sent the item it is them who has the contract with RM and any compensation would be paid to them not you.

MrChubbly

Hi, yes the laptop was new and purchased from a private individual but not through ebay. It was all above board and throughoughly checked out by myself. As the sender would be away over xmas period until mid Jan I thought I would be able to deal with the RM therefore getting a compensation claim through quicker. My issue isn't with the sender who incidently has been extremely helpful. I don't think I can turn round now, some 2 months later and say I've had enough of this you can deal with it and by the way I want my money back. By agreeing to take on RM, my choice, I feel I've forfeited any right to a refund from sender. It's RM and there inability to be able to give me a straight answer. Loosing info I have sent to them and then saying I might not get any payment. I don't understand how they can do this.

The Laptop was sent from the High Street PO at Clacton and it's between being handed over at the counter and arriving at the sorting office that it's gone missing. It was never scanned into RM's sytem. Fortunately I made copies of the original PO receipt and both sides of SD receipt so I do know that it was sent. I can only assume that as it wasn't theft by a RM postie it was someone that works at the Post office or something else happened inbetween.

If they managed to recover the laptop, which is one of the possible reasons that I might not get any compensation and it's opened and used do I have to accept it or can I say to the RM sorry I purchased a new one the one you've recovered is a used one?

smcaul

The problem is that the contract for sending the item is made by the sender and RM, so it is down to the sender to claim. To take it further it would probably need to go to the small claims court, but it would require the sender to do that - so you see that by trying to speed things up and be helpful it has actually put you in a worse position - it will probably take both you and the sender to constantly contact RM to try and get it resloved, you have proof of posting and they do not have proof of delivery so no reason for them to reject claim.

advent1122

Surely the sender should refund you in full and sort the mess out with your co-operation.

Debt_Free_Chick

Agree with the other suggestions. In law, the contractual relationships are ....

The seller has an obligation to deliver the product to the buyer.

The seller sub-contracts the delivery to RM. So there is a contractual obligation on the part of RM, to the seller.

If the buyer doesn't get the item, the seller should refund.

The Seller then claims from RM. In particular, as the seller took out insurance with RM, then the seller is the only one who can claim under that insurance.

Sender was also in contact with RM and asked if they could authorise me to deal with the claim as they would be away until mid Jan

Why does this make me nervous?

As it is now Feb and the Seller is back ....... return THEIR problem to them. "Sorry, it was not possible for me to resolve this whilst you were away. Back to you, mate".

MrChubbly

Thanks for all the replys. It's much appreciated. RM have always acknowledged me to be the claimant even knowing I was the intended recipient. Some 2 months down the line I can only assume the sender has spent the money and I would probably have to take him to the small claims court to get anything back. I know that I'll have to wait and see what RM say when they write to me but I like to be prepared. Forewarned is forearmed and all that!

MrChubbly

Hello again. Another fuitless call with the Royal Mail. My claim is still open and with the internal investigations team and escalation team.

For argument's sake, take it that I am the sender and legal claimant. How long can I reasonably expect to wait before taking RM to the small claims court? If I send out a new item and RM recover a used item do I legally have to accept that item or can I demand they supply a new item or compensation to buy a new item? Are Royal mail employees excempt from prosecution?(Have vague recollection of Postal workers Act)

If there's anybody that works or has worked for RM and knows a bit more about their procedures and could give me some more info I would be very grateful. I've tried talking to postwatch again but they couldn't answer any of my questions.