Method of posting LBA

Chop-D

Evening all. I have written a letter before action for some money owed to me from a company. I will be posting it tomorrow but I am unsure as to whether this should be standard 1st class post, recorded, or special delivery. There seems to be pros and cons to all options. What would you guys recommend? Cheers

powerful_Rogue

Chop-D said:

Evening all. I have written a letter before action for some money owed to me from a company. I will be posting it tomorrow but I am unsure as to whether this should be standard 1st class post, recorded, or special delivery. There seems to be pros and cons to all options. What would you guys recommend? Cheers

Second class with a certificate of posting. Can always do the same from a 2nd post office for a belt and braces approach.

greyteam1959

1st class signed for would be the best surely ??

Jenni_D

1st class with a free certificate of posting from the PO. That's all that's needed.

The Interpretations Act 1978 (I think) explains that a document sent first class with proof of posting is deemed served 2 days later.

However in these COVID times, sending an LBA to a defendant's legal department's email address (if one exists) should also suffice. (Email is OK for the County Court - where civil claims are heard - so a company would have a hard time refusing to accept serving of an LBA by email).

powerful_Rogue

Why pay the extra for 1st class when 2nd class often arrives at the same time? It's the certificate of posting that is important.

powerful_Rogue

Jenni_D said:

1st class with a free certificate of posting from the PO. That's all that's needed.

The Interpretations Act 1978 (I think) explains that a document sent first class with proof of posting is deemed served 2 days later.

However in these COVID times, sending an LBA to a defendant's legal department's email address (if one exists) should also suffice. (Email is OK for the County Court - where civil claims are heard - so a company would have a hard time refusing to accept serving of an LBA by email).

Belt and braces. For the sake of 60p you can cover yourself with a certificate of postage, whereas you can't with email.

Jenni_D

powerful_Rogue said:

Why pay the extra for 1st class when 2nd class often arrives at the same time? It's the certificate of posting that is important.

I'm not sure if the IA'78 specifies a delivery time frame for 2nd class post, hence why suggesting 1st class as that is specified.  

powerful_Rogue

Jenni_D said:

powerful_Rogue said:

Why pay the extra for 1st class when 2nd class often arrives at the same time? It's the certificate of posting that is important.

I'm not sure if the IA'78 specifies a delivery time frame for 2nd class post, hence why suggesting 1st class as that is specified.  

It neither mentions a free certificate of postage, but we all recommend that.

The act also states 'served by post', no mention of class. So 2nd class would be suffice.

David713

Jenni_D said:

powerful_Rogue said:

Why pay the extra for 1st class when 2nd class often arrives at the same time? It's the certificate of posting that is important.

I'm not sure if the IA'78 specifies a delivery time frame for 2nd class post, hence why suggesting 1st class as that is specified.  

The interpretations act doesn't specify either 1st or 2nd class post.
All it does state is that if something is correctly addressed, paid and posted, it will be deemed to have been delivered in the normal course of post. (that time will depend on the service chosen.)

JamoLew

greyteam1959 said:

1st class signed for would be the best surely ??

signed for is a bad idea - they can refuse to sign for it and then say it wasn't received (true)


A 1st class item is deemed to have been delivered 3 (?) days after posting

Agree that "belt and braces" from a 2nd Post Office is a great idea

Get cert of posting

The balance of probabilities then suggest that the recipient received at least one copy

Jenni_D

Thanks for the clarifications guys. A further search shows that it is actually the Practice Directions that specify the "deemed served" timescales ... 2 days for 1st and 4 days for 2nd:

https://www.morrlaw.com/party-wall/statutes/interpretation-act-1978/section-7/