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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received contact from a solicitor acting on behalf of

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I have received contact from a solicitor acting on behalf of the management company who collect the ground rent for my property.
The letter asserts that I was sent an invoice and a reminder last year for the ground rent due, however these two letters never arrived. This new letter demanded a sum of approximately �400, consisting of �100 ground rent and �300 in legal costs.
No proof of delivery is available for either the invoice or reminder as they were sent First Class.
As soon as the solicitor's letter arrived, and I became aware of the sum owed, I made payment for the full amount of ground rent owing, directly to the management company.
The solicitor is insisting on payment of the legal fees and asserts that the Invoice and Reminder were sent via "best practice" (First Class post) and the court will consider them to have been received.
Can you advise if I am likely to be liable for the legal fees for late payment of an invoice I did not receive?
Hello my name is ***** ***** I will help you.Sadly yes. This is because the law does not require proof of delivery. If they can confirm they were sent by first class post they are deemed to be served and delivered 2 working days later.As such if they confirm they have been sent, then the fee is payable. If you do not pay the legal fee they will issue a claim in Court and this will increase fees far beyond the £300 owing.I realise this is unfair but if they can show they sent it by first class post its deemed served 2 working days later.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
Hi Alex,Thanks for getting back to me.Are you referring to the Postal Rule (or Posting Rule) in terms of First Class post being considered to be delivered? I understood that the Postal Rule only applied in relation to Acceptance of an Offer and not other forms of correspondence?
No, the civil procedure rules. This is the standard by which it would be Judged if it went to Court.In particular Part 6 rule 6.26
Does that clarify?Alex
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Customer: replied 2 years ago.
Hello Alex,Ah - that's very useful, thank you. Is there any burden of proof for postage having been made? Or is it sufficient for a company to provide a copy of the generated letter?