can someone check this DN please

[Nagasis]

Hi, the below DN gives 9 days to rectify but only 5 are working days. Don't have envelope. Was it 7 clear days or working days ?

 

I know its almost ten years old but its the first time i've seen it today.

 

Edited January 21, 2010 by Nagasis

[Huff&Puff]

I think you re laughing, it's 14 days, not 7.

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

 

Consumer Credit: Default Notices

[Nagasis]

I think you re laughing, it's 14 days, not 7.

 

 

 

Consumer Credit: Default Notices

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i thought i read somewhere it was 7 days before 2005 ish? (or was I dreaming)

[Huff&Puff]

You are not dreaming Sorry, I was wrong, it changed with the 2006 act, it seems.

[Nagasis]

Having checked this I have come up with:

 

If sent 1st class they need to allow 2 working days for receipt. Therefore if sent 1st class it did not arrive until tuesday 19th October. This only gives 5 days to rectify.

 

If sent 2nd class they need to allow 4 working days for receipt. Therefore if sent 2nd class it did not arrive until Thursday 21st October. This only gives 3 days to rectify.

 

Does this sound about right?

[Pinky69]

According to the calendar I checked, the 15 October was a Sunday. That doesn't count as a day of postage so postage is deemed to have been made on the 16 - the Monday. The 4 days to the date of receipt takes you to the 20th. Then 7 clear days to remedy the breach takes you to the 27th. The DN is unlawful.

[Nagasis]

According to the calendar I checked, the 15 October was a Sunday. That doesn't count as a day of postage so postage is deemed to have been made on the 16 - the Monday. The 4 days to the date of receipt takes you to the 20th. Then 7 clear days to remedy the breach takes you to the 27th. The DN is unlawful.

 

yes, you are right pinky. the 15th was a sunday. Even if it was sent 1st class the date of receipt would be the 18th. Then 7 days to remedy would take it to the 25th which is stil only 6 days.

 

thank you