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Papers Served??

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Hi Everyone.


Our Court papers had to be at the Court and served on our ex LL by the 30th Jan 09.


We sent both at the same time by Special Delivery,which was guarenteed to deliver by 1pm,The court Papers were delivered.


I am tracking Papers to ex LL and it says they tried to deliver and left a whilst you were out card.


Where does this leave us? It is now 10 days later and it appears they have still not been collected. I am certain that ex LL would be aware they are the Court Papers.


We are due to have Mediation in a few days.Will the fact LL has not collected the Package affect this?


Should we now pull out of Mediation?


Are we covered as having served the Papers??


any help would be appreciated. CF

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Phone the court about this, they will be able to give you the correct answer.

Do you have the option to deliver documents by hand as well?

I would stick with the mediation as when this goes to court the judge will look on you favourable for turning up.

Mediation was suggested for my case aswell, Im not sure it is appropriate with TDS as non compliance is an absolute matter and the 3x penalty as mandatory, if awarded, so I dont see where mediation helps in this matter.x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Service is determined by posting, not by receipt. I wouldnt worry - if he chooses not to accept them, his problem.

7 years in retail customer service


Expertise in letting and rental law for 6 years


By trade - I'm an IT engineer working in the housing sector.


Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.


Please click the star if I have helped!!

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Thankyou Both for your replies..


We do have Proof that we sent them and have printed out the page from the track and trace which says they still havent been collected.


We knew this would happen but will continue to Mediation as we have agreed to this but if the papers still have not been collected Im thinking of bringing up the fact that I was willing to have face to face mediation.(EX LL refused)


We are due to have Telephone Mediation.Of course ,as I will be refering to parts in the Disclosure of list..EX LL is most likely to object to this as they will not have papers in front of them.


Im hoping to state at this part that I have made a spare copy and if we had gone to face to face Mediation I would have gladly let EX LL have another copy...Or would this be seen as baiting EX LL??


Thankyou both, CF

Edited by Coastfodder
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Hi everyone..


Well the lovely guys at the Royal Mail redelivered for us and the Papers have been served...I have been lokking through our EX LL statement and something has jumped out at me..EX LL has written that we purposely damaged the property so that we could seek compensation and council housing!!!!


I am so very angry..In the next sentance its states there was a discoloration of the ceiling when we moved into the property.During the 3 years we were at the Property it turned into a full on water leak with ceilings hanging down.we wrote..Telephoned...text...you name it to inform LL that the problem was getting worse.


EX LL even confirms in the evidance that we had written in the summer of 2007 and they had visited the Property over the years..YES THEY DID but nothing was done.The lights blew cus of water leaking.EX LL claims we did not report this..yet states we wrote to them!!!!!!!!!


In the end we called out EH who Hazard rated the Property. According to EX LL staements we apparently wouldnt let workmen carry out repairs..apparently we intimidated them!!! THEY ALL told us that they wanted to do the work but EX LL never contacted them again..


As far as Im concerned she has made a serious allegation.......again I note that crucial bits of evidance are left out..EX LL hasnt signed any declarations!!!


Apaprently we are doing this all for the money..All we have asked is for the money that was part of the agreement to be released as was supposed to happen LAST YEAR!!!! WE HAVE NOT ASKED FOR COST OR ANYTHING JUST OUR MONEY BACK..


what do we do..Ignore this allegation or oh i don't know..We DID NOT CAUSE THE DAMAGE!! Thankyou CF

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