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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Invalid Default Notices


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Creditors, do not send DN's by 1st class post.

 

Furthermore, only "the Creditor" can issue same!

 

What is UKMail express parcels & mail? Is it equivalent to RM 2nd class?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Also, will a statement that "it is the envelope it came in", be enough?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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More, like 3rd. class!

Royal Mail, normally delivery these.

 

"Mail delivered in the ordinary course of post"

 

The Dn Issue Date was the14th, it dropped through my letterbox on the 16th. This date makes it unfortunately valid for me by keeping the envelope!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Also, will a statement that "it is the envelope it came in", be enough?

 

put yourself in the position of the judge

 

if the defendant has the envelope which the DN came in and discloses it to the court- would you think that this was the envelope the DN came in and which the defendant kept for evidence- or would you think that the defendant had obtained the envelope by some nefarious means and was seeking to mislead the court (bearing in mind that if the creditor calls him a liar- it has a postcode endorsed on it- and the creditor would then have to explain what other correspondence would have been sent at the same time to the debtor which would have been in that envelope

 

i really dont think many judges have got to the stage of thinking that LIP's are forging evidence yet

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The Dn Issue Date was the14th, it dropped through my letterbox on the 16th. This date makes it unfortunately valid for me by keeping the envelope!

 

if you have admitted that it was received on the 16th then clearly that was the date of service of the dn- irrespective of any other evidence!!

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I have a couple of questions for you guys regarding Default Notices served by Creditors.

 

1. Can a Credior issue multiple Default Notices on the same account(i.e. send a default notice in Jan and if you don't pay send another in Feb with a different amount on)?

 

2. Can a Creditor issue a default notice and then continue to charge interest after the default notice has been served?

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if you have admitted that it was received on the 16th then clearly that was the date of service of the dn- irrespective of any other evidence!!

 

In the past I never kept any envelopes and truly have no clue when they actually arrived, therefore I can safely use the arguments discussed here for 2nd class and 4 working days for service.

 

After I became aware of these things I decided to make a note of the Date of Service and to keep the envelope. This action actually backfired!! If I was still ignorant about it and I would have revisit it a couple of months later, then I could use have used these arguments.

Edited by lord_tiger_putin

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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I have a couple of questions for you guys regarding Default Notices served by Creditors.

 

1. Can a Credior issue multiple Default Notices on the same account(i.e. send a default notice in Jan and if you don't pay send another in Feb with a different amount on)?

They can dish out as many as they like, as long as they don't terminate the account.

 

Termination happens when they either send a Letter of Termination (few do), demand the full outstanding amount or hand it over to a debt collection agency for collection (I have a question on this point though, BC handed it over to Mercers who only demands the arrears, is that termination?), etc. Once that have happened and they issue another, it is invalid.

 

2. Can a Creditor issue a default notice and then continue to charge interest after the default notice has been served?

Yes, they can. If they terminate the account then I am not sure, hopefully someone else will advice.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Hi LTP,

 

I don't consider lying as acceptable as it will always catch you out but if the rules say that 2nd class post is counted as 4 days then that's the rules and by accepting the 4 days you're only playing by the rules.

 

DPM

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LTP

I have a question on this point though, BC handed it over to Mercers who only demands the arrears, is that termination?

 

Not yet but give them time and Barclaycard/Mercers will eventually demand the O/S balance or send a termination letter.

 

Was your D/N sent by Mercers with no address for BC?

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LTP

 

 

Not yet but give them time and Barclaycard/Mercers will eventually demand the O/S balance or send a termination letter.

 

Was your D/N sent by Mercers with no address for BC?

 

Yep, it is one of those famous ones but it seems they take their time to terminate it (Mercers running up their telephone bill:-D:-D)!!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Hi LTP,

 

I don't consider lying as acceptable as it will always catch you out but if the rules say that 2nd class post is counted as 4 days then that's the rules and by accepting the 4 days you're only playing by the rules.

 

DPM

 

I do not have to state that I am aware when it was Serviced, just play dumb and use the rules, as you say.

 

In this case it is actually not either 2 or 4 days, but either 2 or 6 days, seeing that 2nd clas will include the weekend.

 

Anyway, any of these arguments is far in the future, still trying to get them to refund the Insurance and theft charges, which, if succesfull, will leave very little left outstanding.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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1/ the dn sent in feb would naturally have a different amount on since by then you would (presumably) be a furrther month in arrears

 

theoretically he could send as many as he likes- in practice- i think a court would frown on anything more than one attempt to correct the first

 

2/ yes-

 

 

3/ are you SURE you are referring to a default notice, rather than a notice of default- which is altogether different.!

 

can you post them both up?

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I do not have to state that I am aware when it was Serviced, just play dumb and use the rules, as you say.

 

In this case it is actually not either 2 or 4 days, but either 2 or 6 days, seeing that 2nd clas will include the weekend.

 

Anyway, any of these arguments is far in the future, still trying to get them to refund the Insurance and theft charges, which, if succesfull, will leave very little left outstanding.

 

just to get this absolutely straight

 

the "rules" do indeed state that it will be assumed that second class postage has been used unless evidence as to first class postage is presented

 

HOWEVER

 

if you admit that you have received the document earlier than the 4th working day from the date of posting then the DN will be deemed to have been served on the day you state that you received it and NOT the fourth day.

 

the "purpose"" of the legislation is to "serve" the DN on the debtor

 

and the admission by the debtor that he received it on a particular day overrides the time for service that was "deemed" if that is an earlier date

 

i thought that you had admitted in an earlier post- receving the DN two days after it was posted (16th)- given the public nature of the forum i would advise that it would be very foolish to later declare otherwise

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i would advise caggers to think about what information they post on the forums- it is well known that individuals can be identified in some cases and that some creditors/dca and solicitors monitor this forum

 

specific instances seeking clarification of dates etc should be hypothetical and not actual

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I have a DN which is OK regarding dates but it refers to an agreement with a company with which I definitely did not have an agreement, alleged or otherwise. My alleged agreement is with company XYZ and there, in the first paragraph is the claim that my agreement with ABC is in breach. Does this invalidate the DN? I'm totally confused as to what company I have an agreement. If it's invalid and it was registered on my CR file then can I seek damages from XYZ?

 

DPM

Edited by DontPushMe
typo
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Your DN insufficiently identifies the agreement!!!

 

This is a checklist only

 

Courtesy of Lord_Tiger_Putin

 

A statement that says: IMPORTANT--YOU SHOULD READ THIS CAREFULLY.

A statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974

A description of the agreement sufficient to identify it, i.e. Account Number.

The name and a postal address of the creditor.

The name and postal address of the debtor.

A specification of the provision of the agreement alleged to have been breached.

A specification of the nature of the alleged breach of the agreement, specifying clearly the matters complained of.

A specification of what action is required to remedy it.

The date, being a date not less than fourteen days after the date of service* of the notice, before which that action is to be taken.

The following Statement following directly under the above in CAPITALS:

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

The following Statement following directly under the above in CAPITALS:

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

A clear and unambiguous statement by the creditor indicating, if any of the above action is not duly taken, the action which he intends to take, i.e.

To terminate the agreement.

To demand earlier payment of any sum.

To treat any right conferred on the debtor by the agreement as terminated, restricted or deferred.

Requiring earlier payment of any sum as a result of the breach (usually fix-term loans):

Where a sum of money is required to be paid under the notice,

The amount of the sum before deducting the amount of any rebate on early settlement.

The accurate calculation of any rebate.

Where an agreement makes provision for the charging of post-judgment interest in connection with a judgment sum, a statement in the following form--

"You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay."

The following Statement in CAPITALS:

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

The following Statement in CAPITALS:

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU

A statement that says:

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

Edited by means2anend
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only the owner of the debt can serve a default notice- and that company - if not the original creditor must be able to assume ALL of the obligations of the original creditor- and which includes being able to continue with the agreement if you remedy the breach

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The situation I mentioned is with a "current" DN, the remedy date is the 2nd of Aug 2010. It was dated the 14th of July, send by UKMail and arrived on the 16th of July.

 

Does it matter when it arrived? (Maybe you happened to be away on holiday.) The creditor has to allow the required number of days when producing the DN. He can't anticipate that it will arrive sooner.

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Several of my UK Mail envelopes have had no date stamp on them, BTW.

 

The Dn Issue Date was the14th, it dropped through my letterbox on the 16th. This date makes it unfortunately valid for me by keeping the envelope!

 

Incidentally, I don't see how the envelope can show that it was delivered on the 16th. The franking date will be when Royal Mail received it from UK Mail, won't it, not when it was delivered?

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