Forwarding/collecting mail from a registered office

[bwills34]

What legal obligations, if any, are there on a company to redirect or collect mail from a registered office? If that office isn’t the same as a trading address.

 

[Ashley_Price]

I am not quite sure exactly what you are asking...

Are you saying "Business A" has a registered address and a separate trading address, and needs to have the mail redirected from the registered to the trading address?

Assuming the company is registered (e.g. a limited company) then you need to follow some guidelines:

Your registered office address is where official communications will be sent, for example letters from Companies House.

The address must be:

• a physical address in the UK
• in the same country your company is registered in, for example a company registered in Scotland must have a registered office address in Scotland

You can use a PO Box. You must still include a physical address and postcode.

You can use your home address or the address of the person who will manage your Corporation Tax.

So, if "Business A" has a separate registered address, it should have access to that, as the letters that will be sent to it are official correspondence that need dealing with.

 

[Mr D]

What legal obligations, if any, are there on a company to redirect or collect mail from a registered office? If that office isn’t the same as a trading address.

If they ignore some official document or court notice because they don't have process for collecting / forwarding mail (I know a few places use accountants office as head office) then by what I've seen they can lose out.

 

[bwills34]

Ok thanks both.

The example is that a company has a registered office address with its accountants but it trades from a different address. Mail is forwarded by someone writing “re-direct to ...” on an envelope but not affixing postage.

Mail then arrives short of postage at its destination and a card is left informing they need to pay the postage to have it collected/reposted out.

Company doesn’t pay so post is eventually returned to sender.

(I hope this makes sense)

 

[Mr D]

Ok thanks both.

The example is that a company has a registered office address with its accountants but it trades from a different address. Mail is forwarded by someone writing “re-direct to ...” on an envelope but not affixing postage.

Mail then arrives short of postage at its destination and a card is left informing they need to pay the postage to have it collected/reposted out.

Company doesn’t pay so post is eventually returned to sender.

(I hope this makes sense)

Bet they'll change that the first time they get debt collectors turning up.

 

[bwills34]

Is there a legal requirement that they ensure post is redirected appropriately?

 

[Ashley_Price]

Is there a legal requirement that they ensure post is redirected appropriately?

Well, only if you agreed this. Why should they pay for the postage to redirect it to you - unless you have an agreement in place to reimburse them.

You need to discuss this with them, and get a proper system in place.

 

[bwills34]

Well, only if you agreed this. Why should they pay for the postage to redirect it to you - unless you have an agreement in place to reimburse them.

You need to discuss this with them, and get a proper system in place.

I’m not arguing that. I’m trying to understand if there is a legal requirement in place to have an agreement of some sort active. Either that the registered office will pass a charge on to forward the mail or if you need to have procedures in place (from a legal standpoint) to ensure you recover the mail at its destination and pay the correct postage?

This isn’t my company, it’s relating to a situation I’m in currently and the company in question didn’t receive the documents because they failed to pay for the excess postage on the documents when they reached their trading office which meant they were held in the mail office for ‘x’ days before being returned to sender

 

[Ashley_Price]

I don't believe there is a legal requirement for the firm at the Registered Address to forward on mail addressed for "Business A". Someone from "Business A" could go and pick it up (just the same as if it was a PO Box).

However, because most mail sent to the registered address will be official (and important) communication there should be some system in place so ensure that either the mail is forwarded on or collected. It would be down to "Business A" to ensure that system is in place.

 

[TODonnell]

It typically works like this, AFAIK:

- If you get sent a court letter to a mailing address you've listed as your Registered Office, but don't receive it, and thus don't respond, the court case goes ahead anyway, and the judgement goes against you.

So it's foolish to mess about with your mail-forwarding.

- If you get sent a letter which is short of the proper postage, the addressee will have to go to the local sorting office with the card and their ID to pay the shortage, otherwise the letter will be returned to sender.

- This, I think, may be actually illegal. If not illegal, it's stupid, as, if done in bulk, I think the Post Office will catch on and just not deliver the letters. I believe I recall observing this occur with a competitor of ours, just by reading online postings, so don't quote me.

Mail is forwarded by someone writing “re-direct to ...” on an envelope but not affixing postage.

I haven't seen enough of the above to state definitively.

 

[bwills34]

It typically works like this, AFAIK:

- If you get sent a court letter to a mailing address you've listed as your Registered Office, but don't receive it, and thus don't respond, the court case goes ahead anyway, and the judgement goes against you.

This is the situation I’m in now - the company in question have applied to the court to have the judgement set aside. So I’m preparing counter argument

 

[Ashley_Price]

As far as I am aware, the subject business (e.g. "Business A") if a limited company or the owner (if sole proprietor, etc.) is the one that is legally obliged to ensure the correct procedures are followed.

So, for example, if my accountant doesn't get my Tax Return filed in time with HMRC - it is still MY obligation to have made sure it had been filed. So, I am still liable for any fines that occur because of the accountant's mistake or delay.

 

[bwills34]

Thanks

I think they’re going to argue that they should be allowed and extension and the judgement overturned in the interest of Justice

 

[Mr D]

Thanks

I think they’re going to argue that they should be allowed and extension and the judgement overturned in the interest of Justice

Or in the interest of them not having proper procedures in place to receive official mail.

 

[bwills34]

I know the judge will look at the prejudice that would be experienced by either side when deciding to overturn, alongside the merits of their response, but I’m really not sure what my argument should be here.

I can’t turn to them and say it’s their own stupid fault. And it’s happened with 2 documents sent from the court, so not an isolated incident.

 

[Newchodge]

I can’t turn to them and say it’s their own stupid fault. And it’s happened with 2 documents sent from the court, so not an isolated incident.

Why not? That is exactly what it is. If you are responding to the application without using legal advice you should state something to the effect that they are the authors of their own misfortune, that prevention of this issue was entirely and properly in thier own hands and they should not be able to benefit from their own omission.

 

[bwills34]

Oh so I actually can?!

I thought I would have to have some complex legal argument against it !

From my point of view, they’ve shown it’s their incompetence and not just a mistake. And why should I be held to a detriment because of that.

I read an article online about a case (circa 2010) “Bournemouth Borough Council v Leadbeater” where he documents were sent to the wrong department who had a default judgement revoked by the EAT.

But BBC is a much larger and more complex organisation than my previous employer. And they did infact receive all documents...

Letter 1) failed to open, was sitting in the office

Letter 2) failed to pay the extra postage and collect said letter from the post office

 

[Newchodge]

In the Bournemouth case the Claimant put the wrong postcode for the Respondent, thereby contributing to the delay or failure of the Respondent to receive the claim in time. You put the correct registered address, so entirely within their control.

 

[bwills34]

Oh great thank you very much for that!

Fingers crossed in that case

 

[bwills34]

In the Bournemouth case the Claimant put the wrong postcode for the Respondent, thereby contributing to the delay or failure of the Respondent to receive the claim in time. You put the correct registered address, so entirely within their control.

Sorry to bother you again @Newchodge but do you think there is good cause for the court to overturn the judgement? They’ve invested in a barrister and I was obviously going to go it alone.

The company (although the director isn’t based in England), have traded here for nearly 20 years! So it’s not like a small startup one man operation. I feel that 20 years of operating within the UK market that they should be aware of the most basics when it comes to operating a company here. For example... dealing with post coming from a registered office to a trading office. They have never traded from their registered office.

 

[Newchodge]

Have they listed it for a hearing? If they win at this stage, all it means is that you are in the pocition that you were in when you first submitted the claim - waiting for their reponse. It doesn't mean anything else, so I would not be inclined to waste money on lawyers. However, you did say in an earlier thread that you had a solicitor. You should get their advice.

 

[bwills34]

That was my thoughts exactly, better to not waste money on it right now and keep my pennies for the hearing. A solicitor gave me some initial advice, help to agree and settlement and then helped me with my ET1. He seems to think I’ll be fine to go myself on Monday as they have more at stake that I have.

Yes the hearing has been listed for next week and they’ve been told they have to submit their defence before the hearing so they have a few days to get that together.

 

[bwills34]

And by hearing, I mean the full hearing!

 

[Newchodge]

Sorry, you have confused me. A full hearing is a hearing of the issues, where the whole case is presented - your claim, their defence etc.

They have applied for leave to run a defence, out of time. Has that request been granted? If it has, then there cannot be a full hearing next week as you have to have time to see their defence and prepare everything necessary for a full hearing - statements, bundle of documents etc. You can't do that until you know their defence.

I thought the hearing listed for next week was a remedies hearing - you have run your case by default and the hearing is to decide how much compensation you will get. The other side is entitled to be heard about remedies, even though they have not lodged a defence.

What may have been ordered is that the judge will hear the application to lodge out of time immediately before the remedies hearing, if they win that part the rest of the hearing will be cancelled and a date will be set for a full hearing of the issues.

Part of the assessment of whether to allow an out of time defence, once it has been established that they had a reasonable excuse for not lodging in time, is whether they have a viable case to argue. The written application for leave does not appear to have addressed that issue, so it may be that the judge has allowed them time to tell him what their defence will be, so that, if they pass the first test, the judge can also decide on the second test.

That last part does not mean they have to show that they will win, but that they have an arguable case.

Good luck, and please let us know how it goes.

 

[bwills34]

@Newchodge Sorry for not being clear. Yes next week was initially going to be a remedies hearing (it was originally listed for a preliminary hearing but in the absence of a response, was changed to a remedies hearing)

The judge hasn't granted an extension but has said he will hear it directly before the remedies hearing providing that they provide their defence in advance.

• If they are successful, we will move directly to case management.
• If they are unsuccessful, we will go straight into a remedies hearing.

Does this put them at greater risk? As if they're unable to convince the judge that they have good reason to get an extension, we're straight into remedies?

The letter I've been sent doesn't stipulate how soon before the hearing they have to provide their defence. Are they able to submit it even minutes before or is it expected to be with the judge the day before?

I know there isn't much I can do apart from prepare an argument against why they should have it. But I wish I knew how the judge would make his decision.

As mentioned before, this isn't an isolated incident or an oversight... the letter from ACAS also went unnoticed. The claim was sent to the right address, forwarded by their accountant to their trading office but the £2 excess postage was never paid and so the claim was eventually returned to the tribunal office.

Is there anything I can provide on Monday that will help support my argument?

 

[Newchodge]

I am afraid there are no hard and fast rules for this sort of thing.

I would be inclined to concentrate on the remedies aspect, in case it goes straight on. The judge will not expect you to know caselaw etc about the failure to respond, although they would expect that of a qualified representative. the judge's role for an unrepresented person is to ensure that their case takes into account the law that they don't know about!

If the defence is only produced at the start of the hearing, the judge is likely to be annoyed.

 

[bwills34]

Thank you very much for your help. I will make sure I'm as prepared as I can be and I'll just keep my fingers crossed. I've already submitted my schedule of loss (last week, on time. Because I'm organised and I collect my mail).

 

[JEREMY HAWKE]

Forwarding/collecting mail from a registered office

just walk in and say "Where's my post bozzo " ?

Then he will give you your mail

Problems solved

 

[The Byre]

You've asked more or less the same questions already once here -
https://www.ukbusinessforums.co.uk/...made-a-default-judgement-in-my-favour.386893/