DEFAULT NOTICES - IMPORTANT Post 19th December 2006

[42man]

The legislation change which ordered creditors to change default notices from allowing 7 days to allowing 14 days is from 19th December 2006. Remember that any default notice issued AFTER that date should give 14 clear days, if it 14 days from the date of the letter to the date of remedy (and no more than 14) remember that this can be seen as a defective Default Notice as unless they served the letter on you the day they typed the letter then they will no thave given 14 days clear notice.

[gees 53]

so i have a default notice from mobile money that did in fairness allow 14 days but it was posted and not served on me does that make it faulty.

[dx100uk]

no because it was posted!, i think your confusion is the word served, it does not have to mean face to face, in this case.

 

dx

[the_shadow]

Gees 53, for service they have to allow 2 WORKING days for 1st class or 4 WORKING days for 2nd... if they havent then the DN is invalid.

 

This is in addition to the stat 14 days requirement

PmW

Edited March 25, 2009 by pmw1971
Added the key word WORKING :-)

[gees 53]

thanks for the replies guys.... ok so then pmw can i ask you seeing that they never allowed days for postage on the default notice and assuming it was first class.. do you feel that is a valid reason for me to bring out in court cos if i can prove their default notice was invalid then they have a problem.

[ohoh4312]

Ah, answers my question on my thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191166-dn-compliant.html

 

So, DN dated 21st (Saturday), received 25th, gives me till 4th April (Saturday) to comply.

 

Incorrect, yes??

[the_shadow]

Ah, answers my question on my thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191166-dn-compliant.html

 

So, DN dated 21st (Saturday), received 25th, gives me till 4th April (Saturday) to comply.

 

Incorrect, yes??

 

Yes, 2 working days for postage should take you to the 7th april

[the_shadow]

thanks for the replies guys.... ok so then pmw can i ask you seeing that they never allowed days for postage on the default notice and assuming it was first class.. do you feel that is a valid reason for me to bring out in court cos if i can prove their default notice was invalid then they have a problem.

 

Yes, relevant bit of legislation is below :-

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

[installspark]

How many working days can be allowed for service where a creditor uses the likes of TNT Post or UK Mail?

[the_shadow]

How many working days can be allowed for service where a creditor uses the likes of TNT Post or UK Mail?

 

Theyre not included in the act as they werent around when it was written, it only refers to 1st or 2nd class post, UKMail letters have a code on the letter which you can use to establish which service it was served under.. i.e. they have a 3day delivery which is a cheap option. If you phone and give the number on the envelope they should be able to tell you which service the OC sent the letter out on thus giving you the "served" date.

 

No idea about tnt post sorry.

[loobyloo35]

sub

[gees 53]

pmw thank you i appreciate your time and you have helped me tremendously. G

[robcag]

Further to the information kindly given by pmw1971 given above at post #8 , similar info is also included in the Civil Procedure Rules. I just posted this elsewhere but I thought it might fit in here nicely also.

 

In CPR, for deemed service see part 6.26;

http://www.justice.gov.uk/civil/proc...6.htm#IDAXLC1B

 

and refer to 6.2 for interpretation of business days etc.

http://www.justice.gov.uk/civil/proc...06.htm#IDAPLIR

 

Thanks to Vulture_Bank who originally nudged me in that direction many moons ago.

 

Cheers

Rob

[gees 53]

hi pmw sorry to be a pest but i have to serve documents on tues and i am a little confused..is the act you refer to part of the credit consumer act? tks again

[the_shadow]

hi pmw sorry to be a pest but i have to serve documents on tues and i am a little confused..is the act you refer to part of the credit consumer act? tks again

 

hi gees, no probs...

 

The act I was referring to was "The Interpretation Act 1978, Section 7"

 

Although I know a case where a DJ wasnt aware of the importance of this act so it may be better to quote the section robcag put up, this is CPR 6.26

and will be recognised by the DG as the CPR rules are the court rules.

 

This link will take you there, afraid the table doesnt cut&paste well on here but would into a word document:).

 

PmW

[GhostDebt]

subbing .......

[gees 53]

thanks again pmw....would you know where i could get a copy of the cca .. gees

[Viscount Stair]

There is an anomaly for DNs served in the period between 1 October 2006 and 19 December 2006.

 

The prescribed form in the Regs had not been changed but the requirement in section 88 had been changed.

 

A DN allowing 7-13 days for remedy served in this anomalous period might well still be invalid for failure to comply with section 88.

 

I think that I have seen something about this before, which I will try to dig up.