Royalmail trying to take me to court

[killer205]

Hi,

 

I use to have a royalmail account for posting items as I had a shop on ebay,

 

i would send 500 items a month but 30 of them items would go missing and I would have to send replacement items out again.

 

I have disputed the bill with royalmail but all they keep on saying is i need to pay the bill before they can issuse any refunds.

 

I have refused to pay my bill of £2100 I sent all my items recorded the ones that have gone missing are still showing as in transit, I have proof of posting of the none deliverd items.

 

the cost of all the items I have lost the double costs of postage add up to more than what royalmail are asking me to pay where do I stand if they attempt to take me to a civil court.

 

Thanks

[Feebee_71]

You would need to issue a counter claim against them for the value of the items not delivered.

 

Whether you would succeed in such a claim would depend on what their investigation into your complaint showed but,

 

I would think (and I'm not an expert in any way), you would still have to pay your bill to them because you've entered into a contract and not fulfille your side of it.

 

Feebee_71

[unclebulgaria67]

2 options.

 

Pay the full amount but put in writing paid under protest, stating that you have a dispute, giving the reasons for this.

 

Pay the relevant amount due, after having deducted the amount of the refunds due and put it in writing how you have calculated the amount, providing details of the undelivered items.

[killer205]

hi,

 

 

 

 

I need some advise please, a while ago I posted this http://www.consumeractiongroup.co.uk/forum/showthread.php?384184-Royalmail-trying-to-take-me-to-court&p=4160465#post4160465

 

today at approximately 07:30 a bailiff knocked on my door demanding payment

or he was going to break into my house seized my goods and take my cars.

 

the bailiff then continued to threaten me with police,

 

he then walked in through my front door

 

he then decided to go straight to the bedroom where my 3 month old premature baby Is

 

I told him to get out of there as there is a baby in there,

 

his response was "so I don't care" with my girlfriend saying your not taking anything

and my self telling him to get out the house,

 

as he walked past me he nudged me in my side just at the front door.

 

this has been reported to the police and I have made a statement.

 

my landlords across the way came over wondering what all the fuss was about

and after some explain to them they offered to pay the sum of £4600

 

the bailiff was wearing a body camera so this would of caught what he was doing in the way of assaulting me.

 

my question is now

 

as my landlords have now paid the debt

does that now mean I have no means of taking it back through the courts in order to get my money back

as the sum in which the debt was is completely wrong.

 

thank you for any help

[i hate bailiffs]

What is the debt about

What is the bailiff acting on

[killer205]

The debt is about a business account where royal mail failed to deliver parcels that I posted with them then I disputed the invoices as I had been put out of business by royal mail due to all the lost items totalling to over £3000 in which I had to fold my business.

 

 

it was a forum 55 notice of seizure from the bailiffs

 

 

which was issued from a district registry in Croydon

[ploddertom]

2 threads merged

[ploddertom]

Did you counterclaim the CCJ as advised previously?

[killer205]

Did you counterclaim the CCJ as advised previously?

 

 

 

I submitted a counter claim with my defence I paid the £80 fee, then I moved address I telephone the court to advise them I had moved but I never received any correspondence until the bailiff turns up today.

[ploddertom]

It sounds very much as if your Creditor was awarded Judgment by Default. You are going to have to contact the Court to find out. Did you not think to chase things up?

[killer205]

It sounds very much as if your Creditor was awarded Judgment by Default. You are going to have to contact the Court to find out. Did you not think to chase things up?

 

with moving house and having a baby this never even crossed my mind

[45002]

with moving house and having a baby this never even crossed my mind

 

Was it a County court bailiff or High Court Enforcement Officer, when you search for "forum 55 notice of seizure" keeps coming up with HCEO !

 

 

 

 

 

Apologies if I got it wrong.

Edited March 25, 2014 by ims21

[killer205]

Was it a County court bailiff or High Court Enforcement Officer, when you search for "forum 55 notice of seizure" keeps coming up with HCEO !

 

 

 

 

he was a HCEO he also left his sheriffs number if that counts

Edited March 25, 2014 by ims21

[killer205]

the debt has now been paid by my landlord, do I now need to issue a money claim against royal mail in order to get my money back as it has been a number of months they had issued the warrent

[ploddertom]

the debt has now been paid by my landlord, do I now need to issue a money claim against royal mail in order to get my money back as it has been a number of months they had issued the warrent

 

Did the money that was paid cover all the HCEO costs?

 

You are probably going to have to submit a N244 against the original CCJ for a Counterclaim. You say you paid previously but never heard anything - how did you pay your £80, if by cheque did you look to see if it was cashed? As said previously you need more details about this from the Court.

[killer205]

Did the money that was paid cover all the HCEO costs?

 

You are probably going to have to submit a N244 against the original CCJ for a Counterclaim. You say you paid previously but never heard anything - how did you pay your £80, if by cheque did you look to see if it was cashed? As said previously you need more details about this from the Court.

 

 

 

 

 

hi yes there costs were 1122.18 with VAT

[killer205]

Did the money that was paid cover all the HCEO costs?

 

You are probably going to have to submit a N244 against the original CCJ for a Counterclaim. You say you paid previously but never heard anything - how did you pay your £80, if by cheque did you look to see if it was cashed? As said previously you need more details about this from the Court.

 

 

I paid the fees with cheque and the cheque has been cashed

[45002]

Sorry, but who has deleted my 2 post from this thread and why !

[ploddertom]

I did because they were irrelevant, if you had read the initial posts properly you would have seen the OP was saying this was for HCEO enforcement, which incidentally has nothing to do with Sheriff Officers in Scotland.

[tomtubby]

The advice by Ploddertom is spot on.