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Default Notice dates

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If a DN is dated 29th April 2010 what date should it contain to pay the arrears by (bearing in mind 2nd May 2010 was a bank holiday). I am so confused, some people say 14 days plus 2 others say 14 working days plus 2.

 

HH

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The 29th of April was a Thursday so on the assumption it was posted that day you could have got it on the Saturday (1st May) if posted first class. I would suggest the 15th or 16th being the cut off day


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Thanks, this DN malarchy always confuses the life out of me, I thought it was two days for postage from the date of service ie 29th April and not including Saturday 31st April nor Monday 2nd May as this was a bank holiday, I did not know they included Saturdays for postage.

 

HH

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I'm still not clear on Saturdays but I included it as the letter was dated the 29th (by the way-only 30 days in April) so would have gone in the post that day or the next but you can't prove either. It is always straight days and not working days after receipt


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according to the 'service' rules, unless proven otherwise, it would be deemed delivered 2nd working day (mon-fri) after posting if first class. 2nd may 2010 was a sunday, so bank hol was on mon 3rd. so, deemed delivered on 4th. 14 clear days from then means the 'before' date on the dn should be 19th at least? they would need to be put to proof as to the date of issue/posting, and whether first or second class. (an e-record/affidavit would prob suffice). whether a J would accept or not that post is delivered on a saturday may affect dates?

imo

Edited by Ford
typ

IMO

:-):rant:

 

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If a DN is dated 29th April 2010 what date should it contain to pay the arrears by (bearing in mind 2nd May 2010 was a bank holiday). I am so confused, some people say 14 days plus 2 others say 14 working days plus 2.

 

HH

 

17th May if first class- 19th if second class

 

saturday sunday and bank holidays are not counted as working days for delivery but ARE counted during the remedy period

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17th May if first class- 19th if second class

 

saturday sunday and bank holidays are not counted as working days for delivery but ARE counted during the remedy period

so, as i said, it would be 19th if first class! ie delivered on the 4th!


IMO

:-):rant:

 

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sorry yes the bank hol transfers to monday so the remedy date would be 18th first class 20th second class!

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Great, thanks for your help guys, have the envelope as well but dont know if it was first or second class. their date is 17th May and termination letter dated 18th May. They forgot the bank holiday obviously so either way terminated early.

 

HH

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I am sure they will make up some excuse - "it was sent by super first class judge - and the judge agrees"

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There is a case on CAG (Costa v Tesco) where the Judge ruled that the 14 days start from the day the creditor produces the Default Notice.

 

On Costa's thread PT accepted the creditor's argument as good

 

Full details are on teh thread of the arguments used


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Thanks for the thread - weird same solicitors as well!!!

 

I do have other issues as well but maybe Costa's thread should be made a sticky so no-one falls over in court when the judge says 14 days from date of notice is adequate.

 

HH

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It *hopefully* is going to appeal - especially in the light of Harrison

 

but if the solicitors are the same forewarned is forearmed ....


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