Laid off before start date

[elpulpo]

Aye. 'ow much am I getting to give advice on here, BTW?

[Win2Kuser]

lol @ you two

 

Well, we have a problem....

 

To date, the letter has still not been delivered. I checked earlier, and it's still showing as 'in the royal mail delivery system'. I tried ringing them, but just got an automated useless system that basically told me the same thing. As the deadline is next Friday the 25th, I'm not sure what to do now. I have to give the mail 3 weeks to get there before they will do anything.

 

Any ideas?

[elpulpo]

Got an email address for the care home? You could send them a copy as an attachment, with a covering note explaining that you sent by snail mail and it hasn't arrived. (maybe the postie stamped on the snail 'cos it'd been following him all morning?)

An email should be legit, it's substantiable at least.

[Win2Kuser]

Thanks elpulpo

 

If you think that's good enough, I'll fire one off at the weekend. I'm pretty sure my MIL has his email addy, I'm sure I can track it down if she hasn't.

I could send it with a confirmation request, so at least I'll know if he gets it, providing he accepts the request.....

 

Watch this space lol

[elpulpo]

I'm no computer whizz, but my understanding is that if you send email and it's opened by its recipient, that can be substantiated.

[Win2Kuser]

Thanks elpulpo

 

Well, I just tried sending an email to one of my other emails, but sadly there is no guarantee that it had been delivered and opened. There is an option to acknowledge receipt, but it can be ignored if so wished, so we would have no idea if he actually opened and read the email or not.

 

Not sure what else to do

[elpulpo]

Well, send it. If he ignores it, it's up to him. A CC judge probably wouldn't believe him.

The RD letter will get there eventually.

[Win2Kuser]

Well, an update on things....

 

Firstly, I sent an email on MIL's behalf Sunday with a confirmation request. The request was ignored, but I can only assume he got the email.

As for the letter, apparently, the letter is on it's way back. Not sure if it was because he refused to sign, or Royal Mail were unable to deliver it. Royal Mail obviously haven't lost the letter, and I can't see that it would be undeliverable, I've checked the address, and it's correct (as shown on their website).

 

Not sure what to do now, the deadline was tomorrow (Friday) afternoon 5pm. Do we just 'go for it' and apply to the courts, or do we need to confirm that he has got something in writing?

 

Also, what steps do we need to take to apply to the courts, and what does it cost?

 

Thanks again

[elpulpo]

Hmm, never heard of the letter coming back. Can only think he refused it, as you say.

What I'd do is try to deliver the letter in person, taking along a witness. If ya know where he hangs out socially by any chance, that's a good place to approach him.

Give 7 days in the new hand-delivered letter, if he refuses receipt, go straight for the application to CC. I think this chap's had enough chances.

[Atlas01]

some people simply put their heads in the sand, they continue even with legal threats so i guess your only option now if you wish to recover is start county court proceedings which i have 0 experience in to advise

[Win2Kuser]

Hmm, never heard of the letter coming back. Can only think he refused it, as you say.

What I'd do is try to deliver the letter in person, taking along a witness. If ya know where he hangs out socially by any chance, that's a good place to approach him.

Give 7 days in the new hand-delivered letter, if he refuses receipt, go straight for the application to CC. I think this chap's had enough chances.

 

Thanks elpulpa and Atlas01

 

Trouble is, he lives in Middlesex which is too far away from us to travel.

Not sure what else to do, if we start litigation, will we look 'in the wrong' for not actually getting notice to him?

[Win2Kuser]

double post for some reason???

[elpulpo]

If this is his business email, I think it's only reasonable that this is routinely checked. Send him one more email, giving him 24 hours to respond, then go for the CC application. Has the MIL go a job now? because she'll have to pay a fee. Won't be much.

I'd have thought that given the number of chances he's had to respond, if he starts claiming that he know nothing about it a CC judge wouldn't believe him, and will certainly give you the benefit of the doubt.

[ashmk]

I read somewhere that if you want to send a letter and you send it via email, post and hand deliver then the letter will be deemed as received by a court because for all 3 to fail is extremely unlikely. Although you will need proof you sent by these means.

[Win2Kuser]

Thanks elpulpo and ashmk

 

Hand delivering is not an option unfortunately, but I'll try 1 more email with 24 hours to respond. I have his own email, and that of the general enquiries, so I'll send one to both marked FAO.

 

So, say he doesn't respond and we need to start litigation, does anyone know what steps are involved, who we see, or where we get the forms from, and how much it costs?

Lots of questions I know, and your time is appreciated, but I want to get this right...

 

Thanks again

[elpulpo]

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Here's your starting point.

[Win2Kuser]

Cool, thanks elpulpo

 

Very slow website though, took ages to load up, and it's still very vague... typical government type document lol

 

I had a chat with MIL last night, well I tried, she did most of the talking lol. Apparently, the boss man regularly visits the new care home as it's still getting it's ground etc, so what we decided to do was hand deliver a letter marked for his attention to that address, if we can get someone to signed a bit of paper to say they got it, that should take care of it. MIL will do that Monday, so we've changed the letter giving him until next Friday 1st Apr.

 

The recorded letter that is coming back was listed as undeliverable on the Royal Mail system, it didn't say anything about refusing to sign for it, but I can't see any reason why RM would not have been able to deliver it, it's not like they lost it. Hopefully, when MIL gets the letter back, it will show somewhere why. If he has refused the sign for it, then that will look bad on him if it does go to court.

 

MIL rang CRB, they won't send a letter confirming that they didn't receive the request, but they gave her an email address to write to, they will reply to that with confirmation, so that should be good enough.

 

Nothings every straight forward is it lol

 

Thanks for your help so far, and watch this space...