Letter Before Action But Address Was Wrong

Gwalker

Sandtree said:

Gwalker said:

There is error with RM delivery update (tracking still showing the letter's not been delivered!). So I thought the letter has never been delivered because the address was incorrect. But he gave us a ring yesterday and said that the wife received the letter. So he'll come to finish off his job within timeline.

For future reference, dont send something like a LBA by recorded or special delivery.

The law assumes something posted first class is delivered in 2 days time, or 3 days time for 2nd class. It is then up to the defendant to prove that they didnt receive it (something hard to do unless you sent it to the wrong address). If you send it via a method that requires a signature (in non-covid times) then they can refuse to sign and can then point to RM tracking saying not delivered... they dont really have to rationalise why they're choosing not to sign for things.

Post such letters by normal mail at the post office and ask for a certificate of posting/proof of posting (its free) and your then all good.

Thanks I'll keep that in mind! We're actually just following the Citizen Advice to use 1st class signed for. But we have recorded his call yesterday so we have proof he has read the letter.

Sandtree

CAB mean well... dont always get it right though