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Peter Parry Peter Parry is offline
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Default Anyine taken a garage to court?

On Tue, 8 Oct 2019 21:55:45 +0100, Steve Walker
wrote:


Send the letter as a signed for delivery and they can't claim to have
not received it.


Actually, if you are dealing with unscrupulous dealers (which I
appreciate you say isn't the case here) you shouldn't use a signed for
service. Any cunning scrote would refuse to accept it thus providing
them with proof of non-delivery. Send it normal 1st class mail and
get a proof of posting. They will be deemed to have received two days
later.

As others have said this doesn't stop them claiming never to have
received it and courts will normally allow them to enter a defence but
can get a bit po faced about it.

Funny isn't it, if you are sent a letter demanding payment by a utility
company, bank or credit card company and threatening court action, you
are DEEMED to have received it, without any proof.


See above :-)

Methods of service

6.3 Rules and practice directions - service of documents.

"(1) A claim form may (subject to Section IV of this Part and the
rules in this Section relating to service out of the jurisdiction on
solicitors, European Lawyers and parties) be served by any of the
following methods –

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which
provides for delivery on the next business day, in accordance with
Practice Direction 6A;

(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d) fax or other means of electronic communication in accordance with
Practice Direction 6A; or

(e) any method authorised by the court under rule 6.15.

(2) A company may be served –

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act
2006.