Mail delivery failed to registered office address

[atticus]

More important, service has been effected in accordance with s1139(2)(b) Companies Act 2006: https://www.legislation.gov.uk/ukpga...vice-addresses

[JK2054]

Not a legal opinion, but I love the idea of going round there with a hammer and nailing it to the front door while someone films you doing it as evidence of leaving the notice at their registered office. I'd be off doing that straight away.

Sadly I have to agree with atticus that even if you follow all the procedural rules your likelihood of actually getting hard cash from them isn't great.

just hide the bit that shows you nailing it causing damage to the door ay

[Naoko]

Answer to Q5: CPR states first class post and service is effected by putting the letter in a post box. So asking for proof of posting won't really help. If the defendant had proof they would have included it in their witness statement/evidence
The only way to prove a letter was put in a post box would be make a video of the envelope being put in the post box making sure the address was legible

Answer to Q!,Q2 and Q3: The judge will decide if the application is suitable for decision without a hearing.( PD 23A 2.3) If this happens you should receive directions from the court so you should be ready to apply to vary the court order quickly (cpr 23.8 (3) (a) - application fee £15)

Practice Direction 23A- Applications covers the topic of applications in detail. 7.1 to 7.5 covers the evidence for applications

After a long wait, the defendant's application to set aside the default judgment has now been transferred to a local court. I recently received a letter from the court informing me of the application hearing date, which is scheduled in more than two months from today. The letter also included a copy of N244 submitted by the defendant but provided no further directions from the court.

I would like to submit my witness statement for the set-aside hearing (I understand that this is not mandatory). Please can I ask your help to clarify the following:

1. When is the latest time I can file my witness statement with the court and serve it on the defendant?

2. Practice Direction 23A s7.4 reads: "Exhibits to witness statements should not be filed unless the court directs otherwise." I wonder how this is typically handled in practice. Should I simply bring a (small) bundle of printed exhibits to the hearing?

Thank you.

[Pezza54]

CPR 23 and PD 23A 7.2 states the respondent shall serve his witness statement as soon as possible, without providing a latest time (unless directions are provided by the court)
Yes you should bring the exhibits referred to in your witness statement to the hearing
You could state at the beginning of your witness statement that all exhibits referred to will be available to view at the hearing

The defendant probably realises you can't prove the date on his letter is wrong and the letter was never posted to you.