Small claims - dispute with ex

[FlamingParrot]

Re: Small claims - dispute with ex

I'd advise against recorded delivery as non-service argument can win. Use first class and rely on the deemed service provision in the Civil Procedure Rules.

What would be sent recorded delivery would be the LBA not the claim form.

The purpose of the LBA would be to comply with the pre-action conduct but also to see if an offer of settlement is forthcoming. If you receive no response to the LBA you can proceed to issue a claim without having to provide evidence of service of the LBA. The PD stipulates 14 days as a 'reasonable time' for a defendant to respond.

I don't want to fill the forum with the ethics of the situation, but needless to say MissM I agree with you entirely! I've been exceedingly polite so far, sickeningly so, and therefore there's no embarrassment in store for me.

I sent an LBA yesterday, asking for documentation that the holiday has indeed been cancelled. If the LBA fails, I probably won't issue proceedings (based upon the advice offered kindly above), though I'll investigate possible costs further.

Incidentally, if an LBA is sent recorded delivery, yet isn't collected and signed for, does it count as being issued? Or do I need to hand-deliver?

The vast majority of LBAs are just sent by first class post. Only statutory demands are meant to be hand-delivered.

[laurence_kt]

Re: Small claims - dispute with ex

I'm relieved to say that this has been sorted out now, without having to resort to the court. Thank you to everyone for your advice on this.

Above all I think it's great that people have access at a low cost to formal resolution as a last resort, though often just standing up for yourself can work.