Defence required by the 15th Cabot over a Citi card

[andrew0101]

Okay, one question, the NOA was not sent by recorded delivery......will this be enough to scupper the claim and will they be able to start again with an amended claim?

[nicklea]

Yes and yes

 

Either they will have to make an application to change the name of the claimant to citifinancial or they will have to send you the noa properly and then start proceedings again

[andrew0101]

So really I need to find enough ammo to ensure that their claim is properly scuppered first time round, so that I dont just delay things and end up with a second claim...........now to find something else, like the illegible agreement and t's and c's

[Brent-London]

 

Section 196(4) prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

Interesting - but I note that section 196(3) says it may be "left at the last known place of abode..."

 

Here:

 

(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.

 

So - does anyone know - can they argue that it was "left" if it was sent by first class post?

 

Is there any case law that anyone knows about on this section?