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Hi everyone,
In need of a bit of advice here but I will keep it short and sweet.
My main question is with a notice of enforcement ( and probably also a high court writ) against a limited company, would it be unenforceable if the address was slightly wrong on it as I have heard different things. For example if the address had the number and postcode right but the street name was spelled incorrectly, for example saying desert street instead of dessert street? I have been told by some there is no room for error on high court writs etc but that it will not matter by others.
The main reason for this is a notice of enforcement (and also a writ) that had never been delivered. It had been escalated to phase two at the first instance of finding out about the writ and when questioned on the previous missing correspondence and for any proof of postage or tracking number was told "it was served by way of being posted, first class post inaccordance with the requirements under legislation. A letter is deemed delivered when it was properly addressed,prepaid and posted and would have been delivered in the ordinary course of the post." Would the address being slightly wrong mean it was not properly addressed and therefore invalidate their claim and revoke their fees? There are many other parts to this but it has been going on for a while and the amount of the original debt has been paid, we just want the unfair and manipulated fees gotten rid of and to put this behind us.
I have been advised just to make a sworn statement that it never turned up and that would do. Should I also add in on this that it wasn't correctly addressed and that should clear all the fees and mean the debt was paid, I am extremely grateful for any replies especially quick ones as I just want to put this matter behind me.
Thank you
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Also can someone advise me, am I right in thinking they shouldn't be charging VAT on fees too??
In need of a bit of advice here but I will keep it short and sweet.
My main question is with a notice of enforcement ( and probably also a high court writ) against a limited company, would it be unenforceable if the address was slightly wrong on it as I have heard different things. For example if the address had the number and postcode right but the street name was spelled incorrectly, for example saying desert street instead of dessert street? I have been told by some there is no room for error on high court writs etc but that it will not matter by others.
The main reason for this is a notice of enforcement (and also a writ) that had never been delivered. It had been escalated to phase two at the first instance of finding out about the writ and when questioned on the previous missing correspondence and for any proof of postage or tracking number was told "it was served by way of being posted, first class post inaccordance with the requirements under legislation. A letter is deemed delivered when it was properly addressed,prepaid and posted and would have been delivered in the ordinary course of the post." Would the address being slightly wrong mean it was not properly addressed and therefore invalidate their claim and revoke their fees? There are many other parts to this but it has been going on for a while and the amount of the original debt has been paid, we just want the unfair and manipulated fees gotten rid of and to put this behind us.
I have been advised just to make a sworn statement that it never turned up and that would do. Should I also add in on this that it wasn't correctly addressed and that should clear all the fees and mean the debt was paid, I am extremely grateful for any replies especially quick ones as I just want to put this matter behind me.
Thank you
- - - Updated - - -
Also can someone advise me, am I right in thinking they shouldn't be charging VAT on fees too??
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