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What to do if Registered Post is not accepted/collected
Hi,
Just wondering if anyone has a recommendation if someone will not accept/collect a Registered Post letter?
I know there are ‘Process Serving’ services but as I am quite a way from the city and the nearest service provider, I suspect they will be quite expensive (particularly for my current use case).
Many thanks,
Graham
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7 Replies
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Has this happened to you?
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Yes. We know our letter has been carded for collection 5 days ago. There is a chance they just haven’t been to collect it as yet so we are waiting patiently. Just thinking ahead if needed…
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It’s a good question. It’s a situation I’ve had to consider before. Thumbs up too for considering use of a process server, an excellent investment in the necessary situation. But, I promote saving money when possible. We shouldn’t think we need to throw money around to achieve a remedy. I am almost certain ‘Delivery’ equals ‘Acceptance’. You seem to know the article has landed. That’s lawfully sufficient. If they don’t check their box it’s not your concern. I can go a step further and from memory, also from memory of Marks comments, the date we dispatch is the delivery. Not the date the respondent receives it. So, for example we serve a notice with a particular date and terms that require a response within 28 days. It’s 28 days of the date of our Notice, which is also our dispatch date. Thats the ‘delivery’ date, lawfully. We don’t say ‘ 28 days from when you receive this..’ Getting back to the original question. Nonethless, sure, we want proof they’ve received it and signed for it. They need to sign for it before they can view the name of the sender. And they might only refuse it if they have a history of receiving ‘unsavoury’ content from you previously. Further, most people are too curious. They would rather read something, and then ignore it, or try and believe they are superior to your correspondence, then out right reject it. Or they might hope your content is vexatious and frivolous and then they can use it against you. The odds on them outright refusing something, and even being in a position to have such foreknowledge without liablity (I mean, knowing it was you, rejecting it, and lawfully getting away with ‘not accepting’ in face of your proof it was delivered) are fairly low. I’ve considered all the angles of this situation already!
Final tip – if you really, really think they are looking our for your correspondence and trying to dodge it. Use the third party mailer ( named on the 3rd party proof of mailing certificate) as the party signing the reverse of the envelope as the ‘sender’. This is technically correct. And / Or use a different sort of envelope from the one the respondent is expecting. If they expect you to hand write – use an address label. If it’s overseas mail, and the respondent is looking out for’ registered mail from Australia’ ( for example) . Which in that example happens to be in very obvious, non-discrete, big blue and white card satchels, with ‘Australia Post International’ alll over it in massive coloured letters. Send it to a friend in a 3rd country, sealed and inside another envelope. and ask them to dispatch it for you registered post. Their name can be on the 3rd party proof of mailing certificate as the legitimate sender/witness. Ensure everything is scanned to PDF for evidence before hand and theres your full paper trail. Oh and also be sure the tracking service you use is even correct. Follow up with a human enquiry. I was getting a ping-back something hadn’t arrived 8 weeks after I sent it. Turns out it was received after 14 days. Turns out the Australia Post website doesn’t work well with international registered post feedback. I used the postal website for the recipient country for results. This is a GREAT idea. Upon hitting customs of the destination country they had scanned the envelope and created a full delivery narrative and even allowed me to download the signature of delivery.
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Wow – that’s an amazingly detailed reply; thank you. I hope this type of response becomes a resource to the community.
I did possibly jump the gun on the question, as the letter has now ben received. I do hope I have not wasted your time and in any case, I found your insight to be extremely valuable.
Thanks again.
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Thanks for your thoughtful response. Certainly didn’t waste my time. Admittedly it’s nicer to be receiving an appreciative response than, for example, the contrary 🙂 Good luck with your process
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The ‘Letterbox Rule’ in contract law doctrine might be useful, it was related to contract. It states that a contract is accepted, or rejected, at the moment of posting, not at reception or delivery.
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In Australia, in the case of Tallerman & Co Pty Ltd v Nathan’s Merchandise (1957),
Dixon CJ and Fullagar J stated that:“The general rule is that a contract is not completed until acceptance of an offer is actually communicated to the offeror, and a finding that a contract is completed by the posting of a letter of acceptance cannot be justified unless it is to be inferred that the offeror contemplated and intended that his offer might be accepted by the doing of that Act.
”In the case of Tallerman & Co Pty Ltd v Nathan’s Merchandise (1957) Dixon CJ and Fullagar J stated that:
“The general rule is that a contract is not completed until acceptance of an offer is actually communicated to the offeror, and a finding that a contract is completed by the posting of a letter of acceptance cannot be justified unless it is to be inferred that the offeror contemplated and intended that his offer might be accepted by the doing of that Act.”