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Default Notice period - 7 CLEAR days ?


shakespeare62
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Dp77 have you kept the envelope that there letter/notice/correspondence came in...make a habit of doing that.

 

m2ae

 

Sadly not, my default notice was issued many years ago, well before I learned to keep everything.

 

And although the burden of proof is supposed to rest with the claimant, you only have to read through these forums to see that there is an underlying assumption in court that whatever the claimant says can be taken as the truth.

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Sadly not, my default notice was issued many years ago, well before I learned to keep everything.

 

And although the burden of proof is supposed to rest with the claimant, you only have to read through these forums to see that there is an underlying assumption in court that whatever the claimant says can be taken as the truth.

 

It's probably an obvious question but have you checked out page 1 on this thread...I understand that your problem is proving that they did not post 1st class is that correct?...and that the issue revolves around a default Notice is that correct?

 

Have a look also at CPR Part 6 service of Documents and especially ''service of documents Other than a claim form

 

I know that from the Section 7 ''unless the contrary be proved'' the burden of showing that it was not sent first class is on you.

 

I suppose you would have to ask whether they kept logs and proper records of posting...''deemed effective after being properly addressed and pre-paid...surely if it is a company these records should be available...ask for disclosure of this type of document under CPR to see whether it was 1st or 2nd. class....

 

then you would have ''proved to the contrary.'' Work sort of backwards from you DN that wil give you a specific time period to draw them attention to their records...make a note of whether notice at time was 7 days or 14 and again I direct you to Banker_Rhymes_With posts on first page of this thread.Date of Statutory Instrument changing from 7 to 14 will all be there.

 

Once you done that then make extra allowance for 1st and 2nd class posting...You can then give Royal Mail a call with an idea of when this posting ought to have taken place and then you will have narrowed their search dates for them in order to be more efficient.

 

Tell Post Office from where and whom it would have been posted FROM and to WHOM.

 

It really is a case of working backwards Holmes style.

 

This is the BURDEN that you are overcoming.

 

m2ae

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It doesn't if they assign it but it will if they sell it.

 

Right. The DCA stated in their last letter:

An assignment of the debt does not terminate the agreement.

 

However, going back to 2006, the notice of assignment from them clearly states that the debt was purchased by them from BOS.

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