Can anyone tell me where.........

I can find the legislation relating to times allowed for letters to be deemed delivered (-eg-12+2) for a CCA request. It's the +2 bit I need with regard to other issues. I'm sure I remember reading legislation somewhere ages ago stating how long legally was allowed between something being sent and delivery being assumed.

Any help welcome.

[Amy]

Re: Can anyone tell me where.........

See your own thread Registered Post - Legal Beagles Consumer Forum post #8 or more specifically, CPR 6.14.

[MIKE770]

Re: Can anyone tell me where.........

I can find the legislation relating to times allowed for letters to be deemed delivered (-eg-12+2) for a CCA request. It's the +2 bit I need with regard to other issues. I'm sure I remember reading legislation somewhere ages ago stating how long legally was allowed between something being sent and delivery being assumed.

Any help welcome.

Judge Bickford Smith , Master of the Rolls? stated deemed served 12 + 2 DAYS for 1st class, 4 days 2nd, If I remember right???

[MIKE770]

Re: Can anyone tell me where.........

Judge Bickford Smith , Master of the Rolls? stated deemed served 12 + 2 DAYS for 1st class, 4 days 2nd, If I remember right???

1. Under the Interpretation Act 1978 Section 7, it states:

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."


2. Practice Direction
Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.
1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.
2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-
(a) in the case of first class mail, on the second working day after posting;
(b) in the case of second class mail, on the fourth working day after posting.
"Working days" are Monday to Friday, excluding any bank holiday.
3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.
4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

8th March 1985
J R BICKFORD SMITH Senior Master

[Caspar]

Re: Can anyone tell me where.........

See your own thread Registered Post - Legal Beagles Consumer Forum post #8 or more specifically, CPR 6.14.

pmsl What it is to be blessed with a good memory.

Thanks!

[MIKE770]

Re: Can anyone tell me where.........

Dates here mau help posting times = 2nd class 4 days (Working Days)?

2. Practice Direction
Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.
1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.
2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-
(a) in the case of first class mail, on the second working day after posting;
(b) in the case of second class mail, on the fourth working day after posting.
"Working days" are Monday to Friday, excluding any bank holiday.
3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.
4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

8th March 1985
J R BICKFORD SMITH Senior Master

Last edited by MIKE770; 26th September 2