Taking to court and they are refusing post...

moneypooh

We are currently pursuing a company for a refund of a faulty item. They accepted my first letter that quoted the SOGA and evidence enclosed as directed by consumer direct. I've left it 14 days and without an answer I have proceeded to sent the letter of court action this week. However they have not signed for it and the RM left a card. I don't believe they will collect it from RM let alone sign for it.

The company is a fair distance away and travel isn't possible. I'm certainly not going to visit as they have already refused a refund in a non-friendly manner!

I'm not going to go into too much detail here, but just need advice about sending the 'action letter' if they won't sign for it.
I have thought about setting up an email account and sending the info that way, is that my only option now?

Thanks

Mistral001

Doing this at long distance will always be a problem no matter what way the letters are delivered.

How much is the value of the product under dispute? If it is not for very much, they might not even bother travelling the distance to the court unless it is near to them. In either case, if you win your court action, they might just refuse to pay and then you have to hire baliffs.

moneypooh

The value is £2500 and they need to collect the item (not able to send back). I'm just wondering where I stand if they state they weren't given notice of court action. Would the attempted delivery by RM count as them being notified?

Mistral001

I think you have done all that you can to be honest. You just have to wait and see what happens. You have issued court procedings against someone. They might turn up at court with a team of barristers and defend their case to the hilt. They might not bother to turn up at all. You cannot pre-judge what the other side will do.

PS: I assume that it is a Small Claims court case. If it is consult them if it is the "Big court" then maybe I would see a solicitor if you are worried about exact procedure.

Voyager2002

If they refuse a recorded delivery letter, the court normally takes a dim view of their behaviour.

Quentin

It's only your letter they have refused to sign for (not court documents). (Or maybe RM tried to deliver it when they were shut - how would they know yours was a "nasty", not a "nice" containing an order/cheque etc)

When you issue your claim, the court documents won't have to be signed for, so they will be delivered. (Though whether they ignore them or not is up to them!)

Premier_2

Voyager2002 wrote: »

If they refuse a recorded delivery letter, the court normally takes a dim view of their behaviour.

Quentin wrote: »

It's only your letter they have refused to sign for (not court documents). (Or maybe RM tried to deliver it when they were shut - how would they know yours was a "nasty", not a "nice" containing an order/cheque etc)

When you issue your claim, the court documents won't have to be signed for, so they will be delivered. (Though whether they ignore them or not is up to them!)

OP- you said this was a company? Presumably a limited company?

If so, company law says that a company must have a registered office where notices can be served. Hopefully you are sending correspondence to the registered office? (not a trading office, if different)

Keep the evidence that you attempted to serve a LBA and proceed to issuing a summons. If they refuse to accept that summons (e.g. by sealing up the letterbox and not opening the door), they'll be in deeper do-do's than just the money they owe you

moneypooh

I have sent my letter to the only address known. They are known at their local trading standards office too.They confirmed this delivery address, but I will do a check for any other registered offices. They had a CCJ against them this year so not looking good for us
Thanks

patman99

Question. How did you pay for the item ?.
If by Credit card or VISA Debit Card, then would it not be easier to do a S.75 reclaim and then send them a R/D letter stating they have 7 days to arrange collection before you start charging a daily storage fee ?.

InsideInsurance

You actually only need to evidence that you sent the letter, the courts assume that all letter that are sent are received unless T&C already agreed to stipulate something different. As there is presumably no relevant contract in place to cover this sort of event between you and the defendant then simply a certificate of postage would suffice to show you were reasonable and tried to resolve the matter outside of the courts.

BigAunty

Can't say how it is received for business disputes, but for tenant/landlord disputes, I believe that the court is happy to accept proof of posting certificates/proof of posting - the fact that the other party refuses to accept it or says it wasn't received is ignored by the judge. Proof that it's been sent doesn't mean demonstrating that they've received or read it. Otherwise, tenants with rent arrears and an aversion to accepting letters could never be evicted...

Landlords are generally advised to send two copies of the letters from different post offices and ask for a proof of posting certificate from both - quite hard to argue that two post offices have lost the letter, apparently.