court; law unto the...
 

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[Closed] court; law unto themselves RANT!

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Well, I suppose literally, really. Have just completed the drawn out and expensive process of divorce, and have chased up the Decree Absolute today, via the call centre. "Oh yes sir, that was granted a month ago, we sent the certificate out to you" well, I wouldn't be ringing if I'd have received it, which I explained. "You can write to the court and ask for a copy if you like, it'll be ten pounds" I don't want a copy,I want the original, which your shambolic organisation, or the shambolic organisation that you get to deliver you mail has failed to supply me with. "Oh no, it's not our fault, we sent it, it's your problem" ARRGH! I wouldn't be ringing you asking for an update if I had received the certificate! I've paid your organisation £550 to rubber stamp a decision and and deal with a few simple forms. You have failed to supply me with the end product. HOW IS THAT MY FAULT?!? "Well, it says on my screen that we have sent it, so it's not our fault" It's your fault, because you have failed to supply the item that you have been paid for!! "Well I disagree."

OMFG!!!!!!


 
Posted : 11/05/2017 9:50 am
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At least there's one in the pipeline! I've got a world of pain ahead of me until I get mine....


 
Posted : 11/05/2017 9:52 am
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Where did you see it last?


 
Posted : 11/05/2017 9:52 am
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is it on the pile on that little table by the door mixed in with all the kebab house, pizza, talk talk and upvc window leaflets?


 
Posted : 11/05/2017 10:05 am
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Postie has clearly nicked it, to save paying for his own divorce.


 
Posted : 11/05/2017 10:07 am
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it is actually their responsibility


 
Posted : 11/05/2017 10:09 am
 scud
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The Courts Service are pretty backwards in their approach to most things, computer system was a black screen with green writing up until a few years ago.

Worked as a lawyer for 12 years and the Court used to prefer fax, try faxing a 400 page brief on a friday afternoon to the Court, half the time they wouldn't get it and if you called, they talked to you like you were inconveniencing them


 
Posted : 11/05/2017 10:12 am
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it is actually their responsibility
I know!!! Try getting them to see that. I did, and I may now be black listed from their call centre 🙄


 
Posted : 11/05/2017 10:13 am
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Take them to court for breach of contract.


 
Posted : 11/05/2017 10:26 am
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Sounds like they've been subbed out to BT, SSE or someone...

Can you take the court to the small claims court?


 
Posted : 11/05/2017 10:27 am
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Ask for proof of postage/delivery?

I have a temporary court order that applies for 3 weeks took over a week to get a copy...


 
Posted : 11/05/2017 10:32 am
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6.5 out of 10.

+ no paragraphs, shouting
- no RanDOm case, still coherent at end of rant


 
Posted : 11/05/2017 10:50 am
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report it as missing stolen undelivered etc on the royal mail form, post it back to them and theyll send some free stamps, after telling you theyve searched under the setteee in the postmans staff room


 
Posted : 11/05/2017 10:53 am
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They've probably posted it to his former wife - after all, they've more than likely given her everything else...


 
Posted : 11/05/2017 11:54 am
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Sadly the Court Service is, like the rest of the public sector these days, massively underfunded and under-resourced as consequence of successive governments looking for "easy" savings. The whole justice edifice, both criminal and civil, is teetering on the edge.

The service you describe is, I'm sorry to say, the norm, and to be honest by no means the worst example of ineptitude. Not much help for you, but at least misery loves company!

BTW I love the thread title, because of course, the Courts ARE indeed a law unto themselves... 😆


 
Posted : 11/05/2017 12:57 pm
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I've an easy solution. The original is lost god knows where, pay £10 and get a copy it's exactly the same then move on with your life. After a divorce that's what I'd be doing, I bet you do as well 😀


 
Posted : 11/05/2017 1:38 pm
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Not sure your anger is directed at the right people - if they HAVE sent it, ie posted it, what do you expect them to do, personally deliver it themselves?
The organisation I work for gets accused of this sort of stuff all the time "We sent you a letter", "no you didnt, I didnt get it" - What you mean is actually yes we did send the letter but if it didnt get delivered then its not our fault, we did all we could i.e.put it in a postbox !
As it happens, I'm in same position, waiting for the decree whatever to come through, 5 weeks after sending them their required docs - y8, how long did you wait before you followed it up with them?


 
Posted : 11/05/2017 8:51 pm
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Not sure your anger is directed at the right people - if they HAVE sent it, ie posted it, what do you expect them to do, personally deliver it themselves?

No chance.

If he's paid £550 for a document that he needs. he's essentially buying a product from them.

It is their responsibility to supply what he has paid for.

Their delivery agent, is their problem. Not his.


 
Posted : 11/05/2017 9:03 pm
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You would think that they would send it out by signed for delivery at least . Given how much they have been paid that really would be a drop in the ocean .


 
Posted : 11/05/2017 9:20 pm
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Their delivery agent, is their problem. Not his.

But it is the Op's problem, he's the one who wants the certificate. As far as the courts concerned they've sent one out. What exactly do you suggest to resolve the issue ??? Just pay the £10 is what you do.


 
Posted : 11/05/2017 10:21 pm
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Or they could bloody well send him another one recorded delivery!?

They have a legal responsibility to get it to him FFS!


 
Posted : 11/05/2017 10:43 pm
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They have a legal responsibility to get it to him FFS!

Ok lets accept this is true. How do you get them to live up to their "legal" obligation. Come on Mr internet warrior tell me how ??? How much of your life are you willing to waste over £10. My time that's exatly 39mins, other people it might be less than 5, sometimes things aren't fair that's how it is always has been always will.


 
Posted : 11/05/2017 11:51 pm
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Come on Mr internet warrior tell me how ??? How much of your life are you willing to waste over £10.

Personally quite a lot, I value principles fairly highly over absolute costing of my free time.

It'll get me me killed one day, but here we are.


 
Posted : 12/05/2017 1:16 am
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@Cougar - yep, +1.

It's neither the time nor the money; it's the principle.

Call centres and the brain dead drones who inhabit them should be nuked out of existence.

@taxi25: for the cost of providing a 'service' as stated above they should be using a guaranteed next day signed for delivery service - and providing foc replacement documentation.
You are talking grollocks.


 
Posted : 12/05/2017 2:43 am
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Ok lets accept this is true. How do you get them to live up to their "legal" obligation. Come on Mr internet warrior tell me how ???

By recognising they have a failing in their process and putting in steps to mitigate the failure using any one of a number of tracked postal services...
Probably one for your MP they might actually GAS at the moment.
Formal complaint in writing also asking how they are able to prove the document was sent.


 
Posted : 12/05/2017 3:33 am
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Cougar and Frank +1 I'm like a dog with a bone when it comes to things like this. It's their responsibility to ensure you receive it in my eyes. They should be contacting the courier.

Good rant too OP - Although it was coherent and well structured it had a feeling of defeat and impotent rage about it. Good work and a thumbs up from me.


 
Posted : 12/05/2017 5:46 am
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i wonder if this falls under the "presumption of service" guidelines
All they have to do is demonstrate it was sent. It's then presumed delivered 2 days later (depending on what class of post)
If it's not delivered.. guess what, your problem
You see the same with speeding fines, if it arrives late or not at all it's up to you to prove there is a problem with the post.
It is a bit back to front....


 
Posted : 12/05/2017 6:09 am
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Ok, lets turn this around a little.
If you buy something from e-bay which doesn't turn up even though the seller says they've sent it, do you just suck it up and pay for another item?
No you bloody well don't! And generally e-bay would agree with you.
If the court hasn't fulfilled their side of the contract then thats up to them to sort it out.
If it was me it wouldn't be about the £10, its the principle of the matter.


 
Posted : 12/05/2017 7:49 am
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In their defence (see what I did there?), they must be very used to court documents going "missing in the post".


 
Posted : 12/05/2017 8:42 am
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afaik , once it's in the postbox, it's the post office that is responsible.End of story.
Unless the law has changed in the last 30years....


 
Posted : 12/05/2017 9:49 am
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But how do they prove that it has gone into the post box if they don't send it with some form of proof of delivery . Surely the extra small cost is well worth it as it would save time having to sort out people claiming to have not received items which must cost more in time than the extra postage cost .


 
Posted : 12/05/2017 11:28 am
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afaik , once it's in the postbox, it's the post office that is responsible.End of story.

The post office's responsibility is to the sender. Not the recipient.

The court has a legal responsibility to supply the documents to the OP.
They don't discharge that responsibility until he has received them.

Unless the law has changed in the last 30years....

It hasn't. You just don't seem to understand it for some reason.


 
Posted : 12/05/2017 6:23 pm
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This is what I was referring to -[url= https://en.wikipedia.org/wiki/Posting_rule ]posting rule[/url]
Are courts exempted from this?

offer,acceptance,and performance are what makes a contract
or is this different?


 
Posted : 12/05/2017 10:11 pm
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No. Nothing to do with the Posting Rule

That's to do with contracts that are offered and accepted using postal service.

The contract here is between the court and the OP. The court offered to supply a document to the OP for a certain price, and the OP accepted the offer when he paid the required price.
That is the contract.

The court have so far failed to supply the OP with the document. So have not honoured the contract.


 
Posted : 12/05/2017 10:28 pm