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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20067
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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The Royal Mail apologise for wrongly returning mail to the

Resolved Question:

The Royal Mail apologise for wrongly returning mail to the sender. I have made them liable for my losses and need to quote any rights, rules or legislation that they may have breached.

Can you help based just on this info and no more questions?
Submitted: 11 months ago.
Category: UK Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Can you explain your situation a little more please?
Customer: replied 11 months ago.

Can you help based just on this info and no more questions?

Expert:  Stuart J replied 11 months ago.


I can't answer based upon such limited information.

I need to know the circumstances of the return of the mail and
what loss you have suffered.

Customer: replied 11 months ago.

Circumstances are the mail was returned by an unaccountable mistake that the Royal Mail accept and apologise for. The loss was an amount of £2,500.00.

Expert:  Stuart J replied 11 months ago.

I need details of how the loss was incurred. Did RM know that if this was late/lost/returned, that you would suffer loss?

Why was it returned? What was the error?

Customer: replied 11 months ago.

RM did not know I would suffer a loss . Approx 5 letters over a period of 3 weeks were returned. The Postman denies all knowledge but the RM accepts it happened as i was able to retrieve the returned mail from the sending parties duly stamped with the RM reason for return i.e " Recipient gone away", this explains the error.


 


Hope this helps.

Expert:  Stuart J replied 11 months ago.
I am away from my desk at the moment. I have seen your reply and I will get back to you as soon as I have a keyboard in front of me. No need to reply to this post. Thanks
Expert:  Stuart J replied 11 months ago.


I still don't know why the mail was returned to sender.

I also don't know why you suffered £2500 loss as a result of
these letters being returned to sender but on your admission you have them now.



So I'm going to answer based upon the limited information I have
and that is that you have no claim.



There is already case law on this, not with regard to Royal mail
in particular with regard to consequential loss on breach of contract.



The first thing to mention is that there is no contract between
the recipient of male and Royal Mail. The contract is between the sender and
Royal Mail.



Secondly, even assuming that there is a legitimate loss either
from ordinary plain straightforward negligence or from breach of contract, any
loss "must be within the contemplation of the parties" which means basically
that whoever sent it must have advised Royal Mail that "if this does not arrive
on a particular date, there will be a huge loss for which you will be held
responsible".



They would probably then have insisted that it was sent by
special delivery.



 



Does that answer the question? Can I assist
further or answer any specific queries?



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Regards.



PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.



PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make sense.
It is me losing it, not you. Just ask if anything is not clear please.

Customer: replied 11 months ago.

I wish to rate excellent but need to ask the question : What case law exists can you quote the case(s) please. I will rate immediately I get the next chance.


 


Thanking you in advance.

Expert:  Stuart J replied 11 months ago.


The one that springs to mind is Hadley V Baxendale which was to
do with a vent in a pig feed silo although from memory, I think that was
probably more to do with the amount of damages, which said that the amount of
damages did not have to be proportionate to the breach of the negligence or the
value of the contract.

Although if you Google "within the contemplation of the parties"
the majority of links will be to case law on this particular subject.



There is a case which is a Scottish case involving continual
pouring of concrete into open bracket I think) a chimney where the power
company interrupted the power and was sued because of the loss by the concrete
company. The concrete company lost because they had not advised the power
company that they needed a constant supply of electricity otherwise it would
cost them zillions of pounds. The loss was not "within the contemplation of the
parties"



this is all A level and law degree/law student stuff.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20067
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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