Small claims help

SouthUKMan

tanvir wrote: »

My plan is to Send by first class post and obtain a certificate of posting as advised above

Certificate of posting is not good enough. All that does it show that you posted an item but it does not prove that it was received by the intended recipient. You need to post using signed for delivery. You will then have a date / time stamped record of delivery and an electronic signature of the person who signed for it.

KeithP

SouthUKMan wrote: »

Certificate of posting is not good enough. All that does it show that you posted an item but it does not prove that it was received by the intended recipient. You need to post using signed for delivery. You will then have a date / time stamped record of delivery and an electronic signature of the person who signed for it.

A signed for service is not necessary.

Some organisations refuse to accept signed for post.
In that case, all you have is proof of non-delivery.

A First Class letter is deemed to have been received two days following posting.

A Certificate of Posting is perfectly adequate.

Section 7 of The Interpretation Act 1978 applies.

waamo

SouthUKMan wrote: »

Certificate of posting is not good enough. All that does it show that you posted an item but it does not prove that it was received by the intended recipient. You need to post using signed for delivery. You will then have a date / time stamped record of delivery and an electronic signature of the person who signed for it.

Certificate of posting is plenty good enough. The ruling is that post is assumed delivered unless it can be demonstrated it was not.

If you have proof something was posted that creates a reverse burdon of proof. The intended recipient has to demonstrate they didn't get it. That is difficult.

Its in the Interpetation Act 1978.

tanvir

Hi Guys,

Need your help again. I sent the LBA last week and also made my intentions clear via text that LBA is in the post and proceeding will start if payment not received by the states period (28 days). He replied to my text saying whatever address I had of his, he never lives there so he won't receive any LBA. Now, his gone back to ignoring my calls and texts. What can I do in this instance. Is my case now void?

unholyangel

Doesnt matter. Its deemed correctly served if its sent to their usual or last known address.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

Perhaps call his bluff with the link above and advise him to seek legal advice if he thinks you're wrong.

tanvir

Doesnt matter. Its deemed correctly served if its sent to their usual or last known address.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

Perhaps call his bluff with the link above and advise him to seek legal advice if he thinks you're wrong.

Thanks for that very useful. Hopefully he sees I'm very serious about this and actually decides to act. If I start MCOL online based on the address I have and actually doesn't live there. What happens?

steampowered

tanvir wrote: »

Thanks for that very useful. Hopefully he sees I'm very serious about this and actually decides to act. If I start MCOL online based on the address I have and actually doesn't live there. What happens?

You get a default judgment.

But if you can't locate the defendant, it will be difficult to enforce the judgment. You can't send bailiffs round to a phone number.

tanvir

That is my main worry. Don't want to spend money chasing this only for it have a dead end

BorisThomson

steampowered wrote: »

You get a default judgment.

But if you can't locate the defendant, it will be difficult to enforce the judgment. You can't send bailiffs round to a phone number.

And once tracked down the respondent could apply for a set aside.

tanvir I would only advise making a claim if you are reasonably sure you can trace the respondent, and that he has the means/ assets to pay you back.

tanvir

“
You get a default judgment.

But if you can't locate the defendant, it will be difficult to enforce the judgment. You can't send bailiffs round to a phone number.
Originally posted by steampowered
”And once tracked down the respondent could apply for a set aside.

tanvir I would only advise making a claim if you are reasonably sure you can trace the respondent, and that he has the means/ assets to pay you back.

That's the issue. The address I have he says he no longer lives there so I'm kinda screwed. Guess I'll just wait out the 28 day period see if anything happens. If not, will have to reassess the situation which may mean I lose out on my £500 completely.

I know he has the means to pay back as all his holidays, cars, new toys are posted on social media.