Posted = served

[zaax]

With legal documents I am told that putting it in the post is counted as being served.

Therefore can I put my Letter Before Action in the normal post, and start the small claims action 14 days later?

[Amethyst]

Re: Posted = served

Yes, you allow two days for 'service'. Personally I would get a certificate of posting just as back up (only a free one from the post office when you mail it). If you want to make doubly sure you could send it signed for but there's no requirement to do so.

[charitynjw]

Re: Posted = served

http://www.legislation.gov.uk/ukpga/1978/30

Interpretation Act 1978

7
References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “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 been effected at the time at which the letter would be delivered in the ordinary course of post.

[PlanB]

Re: Posted = served

Therefore can I put my Letter Before Action in the normal post, and start the small claims action 14 days later?

That all depends on what you said in your LBA. Did you give them 7, 14, 21 or 101 days to comply with your demands? Better still is to identify the deadline such as "unless payment is received by 4 pm on Friday 25th October 2013 legal proceedings will be issued without further reference to you". No room for ambiguity with that

The spirit of a LBA is to put the other party on notice that if they don't do as you ask or say why they can't/won't/shouldn't do as you ask, you will take them to court. You've not said what this claim is for so it's hard to make suggestions, but you must be seen to be reasonable in the eyes of the court so adding a couple of extra days to your deadline would be wise.

Of course there's always the possibility that they may actually reply to your LBA

[charitynjw]

Re: Posted = served

Err................thanks for that, george (I think?!)

[MIKE770]

Re: Posted = served

But your Honor I posted it1st class = where is the proof? I did not get Recorded Delivery or proof of posting!!! so you can only say you did post a letter, well I sent a football pools coupon thru the post 1st class it was a winner, please prove we received it??? why chance it for sake of 77pence Recorded delivery.

[wales01man]

Re: Posted = served

The advice should always sent letters recorded so they can be tracked a small price to pay for a piece of important evidence

[Inca]

Re: Posted = served

After getting ripped off by a buyer on ebay my OH sends all important post recorded delivery.

[TUTTSI]

Re: Posted = served

Not all recorded letters get a signed for signature especially when going to large organisations as often when you try to confirm on line that it has been delivered it is 80% of the time not been updated. Special Delivery, costs a bit more but you have a better trail and you do get the updates.

We have been receiving our post 5:30pm during last week and post for other houses and included a signed for which was NOT for us a card for a package recorded delivery popped through our door.

Good job I did not buy any shares in Royal Mail, when they cannot do the job properly.

[mystery1]

Re: Posted = served

http://www.justice.gov.uk/courts/pro...l/rules/part06

M1

[ostell]

Re: Posted = served

Sent a reply to the defendants response to LBA as "signed for"on the 18th. As of yesterday it was reported as "still in the system". And there is no place to enquire about what is happening, neither on the web site nor a phone number.