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Lounge Lizard
EX ROYAL MAIL
Posts: 9458
Joined: 06 Aug 2007, 21:54

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Post by Lounge Lizard »

rhodod wrote:thanks guys.

i reckon a playstation 3 with 11 games etc would weight about 7kg.

Could she have sent it 2nd class, recorded Signed for?

Its a week 2moro since she sent it and i have nothing, and the website says my item is not delivered yet.
The weight limit for second class post is just 1kg - so most likely posted first class or not at all.
rhodod
Posts: 13
Joined: 28 Oct 2008, 14:43
Gender: Male

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Post by rhodod »

hmm so couldnt the roymail system be conned.

i mean if she hasnt posted this item at all.

Then i could claim it was never delviered and get compensation.....??

Surely it cant be this way, i mean thats stupid, people could claim to post something and not post it and then make a claim for late/delay and make money.,...

im thinking she hasnt posted the item at all then.
Lounge Lizard
EX ROYAL MAIL
Posts: 9458
Joined: 06 Aug 2007, 21:54

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Post by Lounge Lizard »

rhodod wrote:hmm so couldnt the roymail system be conned.

i mean if she hasnt posted this item at all.

Then i could claim it was never delviered and get compensation.....??

Surely it cant be this way, i mean thats stupid, people could claim to post something and not post it and then make a claim for late/delay and make money.,...

im thinking she hasnt posted the item at all then.
It's the sender, not the intended recipient, who can claim for compensation for loss or damage of an item, but the sender must provide the certificate of posting to do so. If the item in this case was posred and has got lost in the post then the sender must claim, but if the sender has not sent the item, lies to you and is conning you then your only option will to take civil action action against them, in the small claims court I think.
Stormproof
Posts: 6116
Joined: 07 Jul 2007, 21:03
Gender: Female

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Post by Stormproof »

Compensation for a Recorded item is
For stamped and metered items a postage refund plus compensation on the basis of actual loss, where evidence of posting and evidence of value can be provided. This compensation is subject to the maximum payable being the lower of the market value of the item and statutory maximum of 100 x 1st Class stamps at the first weight step.
As I said in one of my earlier posts 'I am very surprised that something of that value was apparently sent as a Recorded'
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets


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rhodod
Posts: 13
Joined: 28 Oct 2008, 14:43
Gender: Male

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Post by rhodod »

Yes im pretty sure she hasnt sent anything.

What are my options now?

I think she reckons if i get the police involved she will tell them she posted it, give them the tracking number provided.

But she wont have the proof of Postage and therefor the tracking number is invalid.
Lounge Lizard
EX ROYAL MAIL
Posts: 9458
Joined: 06 Aug 2007, 21:54

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Post by Lounge Lizard »

rhodod wrote:Yes im pretty sure she hasnt sent anything.

What are my options now?

I think she reckons if i get the police involved she will tell them she posted it, give them the tracking number provided.

But she wont have the proof of Postage and therefor the tracking number is invalid.
It;s all down to her producing the proof/certificate of posting.
If she can, she posted it and can claim up to £36 compensation for loss from Royal Mail.
If she can't, she has NOT posted it ( or is careless enough to have lost the proof of posting in which case she should send you a replacement or give you a refund ).
It's as simple as that.
rhodod
Posts: 13
Joined: 28 Oct 2008, 14:43
Gender: Male

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Post by rhodod »

okay well since she hasnt contacted me since sunday and i have no item im safe to assume she has ripped me off.

So in that case i have no other option but to go toa small claims court.

Since i very much doubt she has Proof Of postage i dont think she would have a leg to stand on.

Thanks for all your advice.

keep up the good work guys.
DGP1
Posts: 15551
Joined: 07 Jun 2007, 20:39
Gender: Male
Location: Terminus

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Post by DGP1 »

Do you not have to take the complaint through Ebay or PayPal?

After that you can go to the legal procedure :hmmmm
I'm preparing myself for the zombie invasion, rule number 1 - Cardio
rhodod
Posts: 13
Joined: 28 Oct 2008, 14:43
Gender: Male

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Post by rhodod »

it was bought via my internet banking and the website was Gumtree.
rhodod
Posts: 13
Joined: 28 Oct 2008, 14:43
Gender: Male

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Post by rhodod »

okay quick update.

Im taking her to her local County Court.

I have sent a letter ( recorded Signed for) and she has 7 days to reply back to me.

the i will start the claim.

She thinks that the tracking number she provided is Proof of Postage ?????

im sure the fact anyone could obtain this tracking number from a local post office surely means it cant be used as proof of postage.

She thinks that if i want a refund for the playstation 3 i bought i have to go through Royal mail as she has done her part in sending the item and doesnt want anything else to do with it.
Stormproof
Posts: 6116
Joined: 07 Jul 2007, 21:03
Gender: Female

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Post by Stormproof »

rhodod wrote:okay quick update.

Im taking her to her local County Court.

I have sent a letter ( recorded Signed for) and she has 7 days to reply back to me.

the i will start the claim.

She thinks that the tracking number she provided is Proof of Postage ?????

im sure the fact anyone could obtain this tracking number from a local post office surely means it cant be used as proof of postage.

She thinks that if i want a refund for the playstation 3 i bought i have to go through Royal mail as she has done her part in sending the item and doesnt want anything else to do with it.
As I mentioned before anyone can go into the PO and get a Recorded Delivery sticker.

She would of had to have handed the Parcel over the counter and the PO would of issued a receipt(that is not a proof of postage) which would've had the recorded number on.

It is up to the sender to put a claim in with RM not the receipient.

Good Luck it sounds like you have a fight on your hands, have you contacted the website that the item was advertised on and told them?
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets


Illegitimi non carborundum