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costa12

CCA 1974 ss176 (Service of Documents)/189 (Definitions)

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These were going to be introduced by the opposition at my hearing today.

 

Does this 'blow out of the water' :( all that has gone before with regards to Service of Documents, Calculating 14 Clear Days, etc.?

 

All comments welcome.

 

Costa

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Hi Costa

I believe they are trying to say that by posting the DN they have ' served it' see the bit in red So they are trying to say that as soon as the DN was posted it was served so then they have extra remedy days

 

But section 176 also mentions the Interpretation Act see blue

I have seen this argument about service put forward in other cases but I believe the CCA 1974 is subject to the Interpretation act so those service rules should apply.

 

I hope you get some more input from the more legally minded :-)

 

PART XII

SUPPLEMENTAL

 

Part XII Service of documents

 

 

[177]

 

176. Service of documents

 

(1) A document to be served under this Act by one person

('the server') on another person ('the subject') is to be

treated as propery served on the subject if dealt with as

mentioned in the following subsections.

(2) The document may be delivered or sent by post to the

subject, or addressed to him by name and left at his proper

address.

(3) For the purposes of this Act, a document sent by post

to, or left at, the address last known to the server as the

address of a person shall be treated as sent by post to, or

left at, his proper address.

(4) Where the document is to be served on the subject as

being the person having any interest in land, and is not

practicable after reasonable inquiry to ascertain the

subject's name or address, the document may be served by-

(a) addressing it to the subject by the description of the

person having that interest in the land (naming it), and

(b) delivering the document to some responsible person on

the land or affixing it, or a copy of it, in a conspicuous

position on the land.

(5) Where a document to be served on the subject as being

a debtor, hirer or surety, or as having any other capacity

relevant for the purposes of this Act, is served at any

time on another person who-

(a) is the person last known to the server as having that

capacity, but

(b) before that time had ceased to have it, the document

shall be treated as having been served at that time on the

subject.

(6) Anything done to a document in relation to a person who

(whether to the knowledge of the server or not) has died

shall be treated for the purposes of sub-section (5) as

service of the document on that person if it would have

been so treated had he not died.

(7) Neither of the following enactments (which provide for

the vesting of the estate of an intestate in the Probate

Judge) shall be construed as authorising service on the

Probate Judge of any document which is to be served under

this Act-

section 9 of the Administration of Estates Act 1925;

section 3 of the Administration of Estates Act (Northern

Ireland) 1955.

(8) References in the preceding subsections to the serving

of a document on a person include the giving of the

document to that person.

 

Commencement 31 July 1974 (see Sch 3, note).

General effect

The section makes general provision relating to the service of

documents under this Act. Compliance with this section means

that a statutory notice will have been duly 'served' on 'the

subject' for the purposes of the Act. The section is not

exhaustive, however, in the sense that 'proper service' does

not, per se, constitute effective service; for example, a notice

of withdrawal under s 57 or of rescission under s 102 will be

properly served if posted to a 'subject' specified in those

sections, but it does not follow that the notice thereupon takes

effect (see note to sub-s (2), below). Serve, served, service To

'serve on' means, for the purposes of the Act, to deliver, or

send by post, to the subject: see s 189(1). 'Delivery' includes

personal delivery, and references to 'serving' a document

therefore include giving the document to the subject: sub-s (8).

Person See note to s 7 Sent by post The effect of sub-s (2) is

that provisions of this Act which require or authorise service

of a document also authorise the service of that document by

post, bringing into operation the Interpretation Act 1978 s 7

(48 Halsbury's Statutes (3rd Edn) 1300) by which service is

deemed to be effected by properly addressing, prepaying and

posting a letter containing the document.

Unless the contrary is proved, service will be deemed to have

been effected at the time when the letter would be delivered in

the ordinary course of post This provision will, accordingly,

govern the efficacy of posted notices served under this Act

except where it is excluded: see s 69(7). For decisions on the

Interpretation Act 1889, s 26 which was to a similar effect as

s 7 of the 1978 Act, see Sharpley v Manby [1942]1 KB 217,

[1942]1 All ER 66; Sandland v Neale [1956]1 QB 214, [1955] 3 All

ER 571; R v County of London Quarter Sessions Appeals Committee,

ex p Rossi [1956] 1 QB 682, [1956] 1 All ER 670; Beer v Davies

[1958]2QB 187; Stylo Shoes Ltd V Prices Tailors Ltd[1960]Ch396,

[ 1959] 3 All ER 901; Moody v Godstone RDC [ 1966] 2 All ER 696,

[ 1966] I WLR 1085; White v Weston [1968] 2 QB 647, [1968] 2 All

ER 842; Cooper v Scott-Farnell [1969] 1 AII ER I 781 , [1969]1

WLR 120; Hewitt v Leicester City Council [1969] 2 All ER 802,

[1969] I WLR 855; Maltglade Ltd v St Albans RDC [1972] 3 All ER

129, [1972] I WLR 1230; Saga of Bond Street Ltd v Avalon

Promotions Ltd [1972] 2 QB 325n; [1972] 2 AII ER 545n; A/S

Cathrineholm v Norequipment Trading Ltd [1972] 2 QB 314; Thomas

Bishop Ltd v Helmville Ltd [1972] I QB 464, [1972] 1 All ER 365;

Migwain Ltd (in liquidation) v Transport and General Worker's

Union [1979] ICR 597.

Interest in land See the note 'Land' to s 189(1) A person who

has died The effect of sub-s (5) is to facilitate service of a

notice by service to the subject's address in the normal way

even though he has (whether to the server's knowledge or not)

died intestate and, at the time of service, no letters of

administration have been granted Aministration of Estates Act

1925, s 9 See 13 Halsbury's Statutes (3rd Edn) 46 Administration

of Estates Act (Northern Ireland) 1955 1955 c 24 (Nl)

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