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Pre-action letter sent to branch office not registered office. Still valid?


darkclouds
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Hello,

Just need to make sure I have complied with pre-action protocol.

I sent a pre-action letter to the defendant to one of their larger offices, the one where they process various admin and I have corresponded with in the past.  There was no reply.

 

The company is a limited company, so it turns out that I must serve proceedings to the Ltd office address to be sure I have served correctly.  This is a different address to where I sent the pre-action letter.

 

Can they argue that not sending the pre-action letter to the registered office means that:

1.  I have incorrectly followed the pre-action procedure and should have sent the letter to ltd. reg office?

2.  They have an excuse for not replying to my letter?

 

(I did an SAR and can prove they received my letter to their admin office)

 

(If I lose my case, the fact they did not reply to my pre-action letter may help me avoid adverse costs so I do not want to send the letter again to the ltd. address unless I have to as it would give them a second chance.)

 

Thanks

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they don't have to reply at all.

 

when did you send it?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for quick reply.

I sent it way back last spring.

I know they received it because I sent a SAR to the same address recently and it was there.

 

Practice direction pre-action conduct and protocols 6(a) says you must:

"(a) the claimant writing to the defendant with concise details of the claim..."

 

I am not sure if the address I sent the letter to is good enough to comply.  When it comes to service of the claim form there are strict rules under part 6.

 

I did not send the letter of claim to the registered office but instead sent it to another address being used by the company.  Is it valid to send it to any address being used by the company?

 

Non reply it is not a problem.  What would be a problem is if they say they did not notice the pre-action letter because I sent it to an address other than their official registered office address.

 

I am finding part 6 confusing.  Do I need to send another copy of the letter to the registered office just to be safe or have I done enough already?

 

The company is still in business at the address I sent the letter but no longer carries out business in relation to the product I am claiming about.  They did however respond to an SAR I sent to the same address.

Edited by darkclouds
error
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well you didn't start court proceedings .....so they were correct to ignore your silly threat-o-gram anyway....

 

if you intend to this time actually start a court claim on day 14 you need to send a new letter of claim anyway....

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh dear.  Does the original pre-action letter expire if I delay issuing proceedings?  Not much has changed in the dispute.

 

I thought the letter was valid, so the proceedings were issued in december but have not been served yet.

Edited by darkclouds
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well you didn't say you'd actually? issued a court claim in post 1….

so that makes your initial question rather irrelevant now..or does it???:noidea:

 

the proceedings were issued in december but have not been served yet.

 

what do you mean by the above....

.you HAVE raised a court claim :noidea:

but the court didn't serve the claimform:noidea:

 

what stage are you actually at with this whole debacle....:noidea:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Spring last year sent pre action letter to one of the main offices being used by the company but not their official registered office ltd company address.

 

Filed claim form to court which they issued to me in december so that I can serve them. 

I have the papers and want to be sure I have complied with pre-action rules before I go further and serve them.

 

Sorry about that. 

I was initially only trying to find out if sending to any address used by a company is compliance with the pre-action rules.

 

If I have not complied then I will need to take steps before going further.

If I have complied I can continue as planned.

 

 

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ok

 

CPR 6.4 details who is to serve the claim form and states:

‘… the court will serve the claim form except where –

(a) a rule or practice direction provides that the claimant must serve it;

(b) the claimant notifies the court that the claimant wishes to serve it; or

(c) the court orders or directs otherwise.’

................

 

so one can assume you selected b above.

 

the fact you have evidence the claimant received your PAPLOC via SAR proves you sent it/they got it,

the address you filed it to is IMHO immaterial,

they should have forwarded it onto their correct dept,

if they've sat on in is not your problem.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks.  I chose option (b).  I think sending the PAPLOC again to their ltd office address when I know they already got it is probably not required.

So, the next step is to serve it.

 

 

 

In case this might help someone else with the same question...

 

Part 6 , 6.20 III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA says:

(2) A company may be served –

(a) by any method permitted under this Part;

and

(b) by any of the methods of service permitted under the Companies Act 2006.

 

And

Part 6, 6.9 Service of the claim form where the defendant does not give an address at which the defendant may be served

says:

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table:

5. Corporation (other than a company) incorporated in England and Wales Principal office of the corporation; or
any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.

 

So what's OK for the claim form should be OK for the PAPLOC.

 

The address I used for the PAPLOC was their main office and the address was given on the original agreements relating to the claim.

 

In any case PD on pre action conduct para 13 says:

The court will consider whether all parties have complied in substance with the terms of the relevant pre-action protocol or this Practice Direction and is not likely to be concerned with minor or technical infringements

 

So I think there is enough flexibility for the court to consider I have complied even if the defendant might argue only their ltd co reg office deals with such things.  Also, I think the PAPLOC is not part of the proceedings so perhaps the rules in part 6 might not strictly apply so long as you have "written to the defendant".

 

Does that sound right?

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  • 1 month later...

After posting the N1 claim form to the defendant's limited company registered office, which box do I tick on the N215 certificate of service?

 

There is no option for registered office.  The closest is "principal office of the company".

 

But, this company only has a registered office just to exist as a legal entity with no physical presence.  The same address is used by loads of other companies as an address for companies house only.  There are no staff at that address and no other place of business or trading.

 

Surely, there should be an option on the form as it has a category for companies?

 

Maybe 'principal office' is meant to be easier to understand and to cover both a main trading location or something like a registered office as well if it is the main or only place to contact them?

 

I hope someone can explain this and why registered office is not a specific option on the form?

 

There is also an option for "other" where you can fill in the place of service. 

Is this meant for companies or more unusual places to serve such as catching the defendant down his local boozer?

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Tick " other " and specify.

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threads merged

please keep to one thread.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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