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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I posted a package through royal mail and it ended

Customer Question

Hello,
I posted a package through royal mail and it ended up broken with plastic snapped off etc. The reason i posted it was because it was part of my car's computer and it needed reprogramming. I needed this damage caused from royal mail fixed immediately (and then reprogramming) or I could not drive and would have had to hire a car whilst waiting for compensation from royal mail. It costs £243 to get the part fixed and it was sent in a £1000 insured royal mail postage.

Royal mail have said i dont have a claim even though i sent them the correspondance from the person who received the item and said it was broken, and send pictures, and arranged to get it fixed for me. they say i should have sent them the packaging and send them the broken part. In doing this i would have had to hire a car for 3weeks and then get it repaired.

I am fed up with this tactic of larger companies just saying no and not taking responsibility. who can i properly complain to about them? and any otehr advise?

Thanks
Neal Thomas
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

On what basis are they rejecting your claim please?

JACUSTOMER-jpd1mtn7- :

Hello Alex,

JACUSTOMER-jpd1mtn7- :

Hello Alex, Sorry I was expecting the answer to come into my email. hence the delay. they are rejecting it as they say I did not send them the packaging AND I didn't send them my broken item. if I had sent them the item I would not be able to use my car for 3-4weeks (so that isn't acceptable) and I showed them pictures of the packaging (which I still have). I also sent them the email that came from the person I sent the packaging to stating the item was damaged on receipt. thanks

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-jpd1mtn7- :

hi, do you think I should send the packaging over also or should pictures be ok? is there anything I can state as to why I can not send over the broken part as it will stop me being able to use my car, which means their request is unreasonable and not possible?