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claimant fast track claim they admit DN is 3 days faulty - but still going ahead


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Hi

 

A default notice issued in 2010. In 2013 debt sold to a third party.

 

Third party issued fast track claim.

A defence put in which includes the fact the the DN was defective as it was short by three days.

 

Third party admits DN defective but says they will continue to court and argue that the 3 days would have made no material difference to the outcome.

 

Any comments please.

 

Thanks

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I think if you read round the forums, the 14 days required are Mandatory it is not a de minimus (minor issue).

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It would be helpful to know the date of the dn and the remedy date

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the other side of the coin would be Arrow Global v Frost, certainly dont want debt purchasers winning on that argument, the judge ruled that the dn was served virtually as it left the printer

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the other side of the coin would be Arrow Global v Frost, certainly dont want debt purchasers winning on that argument, the judge ruled that the dn was served virtually as it left the printer

 

a county court decision only. eg http://www.restons.co.uk/index.php?id=59

 

but, what deminimis principle in brandon? the CA didn't accept such?

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