Puppy deposit

Ricardo1980

pinkshoes wrote: »

Definitely don't settle for half the deposit!
Send with proof of postage from either two separate post offices, or one post office then an email version. This way they cannot deny receiving it!

Why that?
I mean, if you use recorded delivery, well, you will know if he receives the letter, won't you?

Is there anything specific to this in court protocols?
Thanks

Ricardo1980

Mojisola wrote: »

People can refuse to sign for a recorded delivery item which means it will be returned. That's why the general advise to get proof of postage and send two separate copies.

What if that happens and you want to start a small claim? What to do in that case?

unholyangel

Ricardo1980 wrote: »

Why that?
I mean, if you use recorded delivery, well, you will know if he receives the letter, won't you?

Is there anything specific to this in court protocols?
Thanks

The only thing the protocols cover is basically that you should exchange enough information to understand each others positions and avoid legal proceedings where possible.

Ricardo1980 wrote: »

What if that happens and you want to start a small claim? What to do in that case?

You can start a claim without having complied with the relevant protocols, just you'll probably have costs awarded against you.

naedanger

Ricardo1980 wrote: »

What if that happens and you want to start a small claim? What to do in that case?

Worth a read:

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

Ricardo1980

naedanger wrote: »

Worth a read:

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

Thanks.

Reading that, I understand that if I use recorded delivery and the address is right, then that is more than enough to avoid problems regarding pre-actions in a small claim, but not 100% sure.

naedanger

Ricardo1980 wrote: »

Thanks.

Reading that, I understand that if I use recorded delivery and the address is right, then that is more than enough to avoid problems regarding pre-actions in a small claim, but not 100% sure.

I think you are better just using first class with proof of posting.

I also think that even if you have correctly served the papers and win by default then a defendant can subsequently appeal (not sure if this is the right term) if they never got the papers. But the defendant would have to pay for the "appeal" and if they convince the court they never got the papers then the case would effectively just be retried. (I don't think you would incur any extra costs in any event because you had served the papers correctly.)

(Note the frequent use of the word "think".)

unholyangel

Ricardo1980 wrote: »

Thanks.

Reading that, I understand that if I use recorded delivery and the address is right, then that is more than enough to avoid problems regarding pre-actions in a small claim, but not 100% sure.

Only if they accept the recorded delivery. If the recipient refuses it then it can cause huge problems. Either disallowing costs, having them awarded against you or the defendant applying to set side the judgement (which is what naedanger is referring to above) on the basis of never having received the claim and having the correct address on the papers wont count for anything if it wasn't actually delivered.

marleyboy

his daughter said I could only have half of the deposit back

I cannot understand what reason they have given to justify only refunding half of the deposit, although I can certainly see a potential moneymaking opportunity out of it.

I only need to sell a pup to three potential buyers, make some watery excuses and refund them. That's a quick and easy £150 I could make without even having to leave my room.

Ricardo1980

unholyangel wrote: »

Only if they accept the recorded delivery. If the recipient refuses it then it can cause huge problems. Either disallowing costs, having them awarded against you or the defendant applying to set side the judgement (which is what naedanger is referring to above) on the basis of never having received the claim and having the correct address on the papers wont count for anything if it wasn't actually delivered.

In that case, what do I have to do then?
I am asking this because I am going to start legal actions against my former landlord, I already have redacted the before action letter and my idea was to send it this week.
What do you recommend then?


By the way, is "first class with proof of posting" the same as "recorded delivery"?

Thanks a lot.

[Deleted User]

Ricardo1980 wrote: »

By the way, is "first class with proof of posting" the same as "recorded delivery"?

No.
You simply stick a first class stamp on the envelope(s) and get a (free) receipt from the Post Office(s).