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BARFLY

proof of postage for default notice?

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I had a dispute with a credit card company for an alleged debt of roughly £8 000. There was no enforceable credit agreement; only an application form lacking prescribed terms. Countless DCAs returned the account back to the creditor until they finally sold it to Lowells Portfolio. They OC have, I hope, terminated the agreement.

 

The DN, if posted first class, squeezed into the 14 calendar days by only 1 day. I'm sure they didn't post first class, but they would obviously declare that they did should the case proceed to court. Is proof of postage required from the claimant should this proceed to court. I'm thinking it will be the fast track court with this being more than £5 000 and I am hoping a greater degree of proof would be needed. If anything other than first class this would invalidate the DN.

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In your defence you can put them to strict proof of postage to prove they posted it 1st Class. If they cannot produce it, as they probably won't be able to, it will then be up to the judge to decide if sufficient time was given to remedy the breach.

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You Are AllowinG 15 Plus 2 Days For Service

 

A Total Of 16 Days From Date On Dn

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uk mail drop the mail at a royal mail depot in the postcode area 1 or 2 days after they collect it Royal mail then process it and deliver it the next day. It is these companies that being paid all the money for delaying everyone's mail Royal Mail are doing all the hard work to get the mail delivered. It is anyone's guess as to how long uk mail had that before it was delivered. Proof could never be supplied to when it was actually sent.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hello BARFLY and Pinky69!

 

In your defence you can put them to strict proof of postage to prove they posted it 1st Class. If they cannot produce it, as they probably won't be able to, it will then be up to the judge to decide if sufficient time was given to remedy the breach.

 

Also, check around on CAG, and if you can spot other people with issues with the same Original Creditor, who know for sure their Default Notice was Posted via 2nd Class, then there could be the proof you need to sway the Judge towards assuming it went via 2nd.

 

IOW, on the jolly old Balance of Probabilities, if they have no evidence of the type of Postage, and you have HARD EVIDENCE, say, via a Witness Statement from another Cagger or twenty, that proves via their own Envelopes and Date Codes etc they have used 2nd Class in the past, then a Judge can only come down in favour of 2nd Class.

 

Cheers,

BRW

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Basically all uk mail is 2nd class until it reaches Royal Mail who treat it as first class.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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