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Sent, service, serve.......legal definition?


Mike_hawk
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I'm having a bit of a senior moment [again] :-)

 

I have an ongoing claim v a financial institution to which it has counterclaimed the debit balance.... terminating the account 2 days prior to filing its defence and cc.

 

Within its particulars it relies on a DN served some 5 years ago, my issue is that I do have the original DN and whilst its bad it makes no mention of this but relies on one it alleges it 'sent' to me some 3 days later...... I certainly have no record of this second DN, all previous enquiries with the defendant prior to filing disclosed no mention of this within its account logs and notes, there being no entries for that date.

 

The day of 'sending' the 2nd DN as particularised being a Sunday, is there any method of service or interpretation of sending or serve which specifically refers to a Sunday?

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Not that I'm aware of Mike ...but if they state Sunday you can read how much authenticity there is in that statement.

 

 

Regards

 

 

Andy

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Cheers Andy

 

That's about the only conclusion I could come to, can't post much at all regarding the case as it has engaged the same counsel that another defendant did a while back and I know my posts are monitored.

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  • 1 month later...

Right...... I've upset it's counsel, apparently this client is nothing like sha*west and whilst it declined any prescribed ADR remedy or mediation it would like to compromise the case in order to avoid me being on the receiving end of a ccj should it 'win' its counter. I did point out it's less than a 2k case and with the very slim possibility of it winning there's not a hope in hell of it registering judgment if the dj doesn't come down on my side.

 

One thing I have learned is that all financial institutions, without bar, will fabricate data to suit its position.

 

'What do I want to settle the case'............ FFS Susie, the quantum of claim.

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" One thing I have learned is that all financial institutions, without bar, will fabricate data to suit its position."

 

Surely not !!! :madgrin:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Didn't get as far as questioning the veracity of its statement today.

 

Very nice DJ, very affable counsel with an extremely good compromise tabled... suffice to say it was a satisfactory outcome (for me).

 

Not sure that I agreed with everything the DJ had to say (s140 trumping limitation?) but really wasn't about to argue.

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