[Tosh]

Im owed £995 by a punter from last year, middle of August to be precise. Ive allowed it to go on for so long as it involved an insurance claim against us. The woman wants some cosmetic repair work done to her house which we were the cause of, however, she's being very obstructive in getting it resolved so Im now taking her to court.


Does anyone have any experience in using the MCOL website, as I would like to be sure whether you need to inform the custard that you will be taking legal action against her. I sent her a letter this time last week with the intention of getting it signed for but according to the Royal Mail website its still not been collected. So today when passing her place I dropped a copy of the letter off for her. So, she's received a copy just theres no proof she has.


Is this enough to pursue the case with MCOL or do I need proof she's had fair warning?

[8weekly]

Im owed £995 by a punter from last year, middle of August to be precise. Ive allowed it to go on for so long as it involved an insurance claim against us. The woman wants some cosmetic repair work done to her house which we were the cause of, however, she's being very obstructive in getting it resolved so Im now taking her to court.


Does anyone have any experience in using the MCOL website, as I would like to be sure whether you need to inform the custard that you will be taking legal action against her. I sent her a letter this time last week with the intention of getting it signed for but according to the Royal Mail website its still not been collected. So today when passing her place I dropped a copy of the letter off for her. So, she's received a copy just theres no proof she has.


Is this enough to pursue the case with MCOL or do I need proof she's had fair warning?

I'm 99% certain that you just need proof (evidence) you sent it in the form of a copy.

[*Hector*]

You need to give 14 days notice of court action, this is called a letter before action, and you need to take it to the post office and just get proof of posting (this is free) and then the letter is deemed to be served (legally) after 2 days. then start the proceedings on MCOL on the 17th day after posting.

[Tosh]

So this is enough?

[Tosh]

So Shrek, although the letter was dated 05-07-2017 that I delivered today I probably shouldn't start court action until 2 weeks have passed?

[*Hector*]

Your proof of posting is not enough... It actually confirms that the custard has NOT received the letter...

Have you got a photo of you posting the hand delivered one through the door?

If not you should start again... Use the same letter, but title it "Letter before Action", in the letter give them 14 days to resolve it, or court action WILL take place...., so as I said previously start the claim 17 days after posting.

It is HECTOR..... not Shrek... 

 

[Tosh]

But that is proof of posting isn't it?


It has the first line of address and postcode on it, although blanked out for here.


Sorry Shrector! 

[nathankaye]

Were (me n wife) are defending ourselves against a wrongful allegation. We have sent the copies of prove to the party in question and we sent 2 copies. One by registered mail and the other, a tracked postal service (whatever the actual name is)  so there is absolutely no denial that they have not received our correspondance. So your receipt is proof that you sent your letter, however recorded delivery will also proof they received it.

[*Hector*]

yes Matt it is proof you posted it...

But because they have refused to sign for it... it is also proof that they have not received it.

It is a bit ambiguous, which is why I think you would be better off re-sending it to remove any doubt.

I have taken several Landlords to court, and looked it up on the consumer action group forum (where I help tenants with this sort of thing)

[Tosh]

yes Matt it is proof you posted it...

But because they have refused to sign for it... it is also proof that they have not received it.

It is a bit ambiguous, which is why I think you would be better off re-sending it to remove any doubt.

I have taken several Landlords to court, and looked it up on the consumer action group forum (where I help tenants with this sort of thing)

What difference will it be if I send again? They won't pick it up from the sorting office if they haven't collected this one.

[Tosh]

I have arranged on the Royal Mail website for the letter to be re-delivered this weekend, Saturday. So hopefully they'll be in when the postie arrives.....

[*Hector*]

yes Matt it is proof you posted it...

But because they have refused to sign for it... it is also proof that they have not received it.

It is a bit ambiguous, which is why I think you would be better off re-sending it to remove any doubt.

I have taken several Landlords to court, and looked it up on the consumer action group forum (where I help tenants with this sort of thing)

What difference will it be if I send again? They won't pick it up from the sorting office if they haven't collected this one.

They won't have to... proof of posting without signature just proves that you have posted it.. It will be put through their letter box after 2 days by the postie... That is what the court look at.

[*Hector*]

I have arranged on the Royal Mail website for the letter to be re-delivered this weekend, Saturday. So hopefully they'll be in when the postie arrives.....

That will work, if they sign for it... If not... the official record says that they have not received it....

[easy clean]

Mate I've just been through it and won, if you want to give me a call during work tomorrow I tell you all about it.

Jon
07956 539078

[Tosh]

yes Matt it is proof you posted it...

But because they have refused to sign for it... it is also proof that they have not received it.

It is a bit ambiguous, which is why I think you would be better off re-sending it to remove any doubt.

I have taken several Landlords to court, and looked it up on the consumer action group forum (where I help tenants with this sort of thing)

What difference will it be if I send again? They won't pick it up from the sorting office if they haven't collected this one.

They won't have to... proof of posting without signature just proves that you have posted it.. It will be put through their letter box after 2 days by the postie... That is what the court look at.

Fair do's, good thinking on reflection.

[Tosh]

Mate I've just been through it and won, if you want to give me a call during work tomorrow I tell you all about it.

Jon
07956 539078

Thankyou Jon, I should have a few spare minutes tomorrow, so will given the chance. Thanks.

[Nick Day]

Send a letter giving seven days notice of starting legal action. You do not need any proof of posting or receipt of letter of any sort. Look up the postal rule, it dates back to the 1800's. That is why you can get a CCJ without realising it. You can now also e-mail.

[Spruce]

Send a letter giving seven days notice of starting legal action. You do not need any proof of posting or receipt of letter of any sort. Look up the postal rule, it dates back to the 1800's. That is why you can get a CCJ without realising it. You can now also e-mail.

Added to this, its appears they haven't challenged or denied they are indebted to you Slacky.

[dazmond]

Im owed £995 by a punter from last year, middle of August to be precise. Ive allowed it to go on for so long as it involved an insurance claim against us. The woman wants some cosmetic repair work done to her house which we were the cause of, however, she's being very obstructive in getting it resolved so Im now taking her to court.


Does anyone have any experience in using the MCOL website, as I would like to be sure whether you need to inform the custard that you will be taking legal action against her. I sent her a letter this time last week with the intention of getting it signed for but according to the Royal Mail website its still not been collected. So today when passing her place I dropped a copy of the letter off for her. So, she's received a copy just theres no proof she has.


Is this enough to pursue the case with MCOL or do I need proof she's had fair warning?

what im trying to get my head around is how does a domestic customer end up owing you a grand?

[*Hector*]

Because he charges even higher prices than you do Daz.....