Date of DN is Friday 9th April 2010, this doesnot prove that DN was posted on the same.
In nearly all circumstances where a DN is served by acreditor, it is served by 2nd class post,
unless creditor canprovide proof to the contrary, the burden of such proof being on the creditor.
In your case posted here, although DN is dated 9thApril 2010 (a Friday), this does not prove date of posting,
which is the most important and relevant factor as regards such statutory notices.
Therefore, in the absence of the required date of postage and class of such,
the DN must have been sent by 2nd class postage which would mean that the same was served on you on the 15th April 2010
and that statute would require such notice to be remedied by 29th April 2010,
the default notice in question in this case is therefore, 3 days short of the mandatory 14 clear days that a creditor
must provide his debtor with to remedy the breach relied upon pursuant to s.87(1) CCA 1974 (asamended).
In the circumstances, the creditor cannot continue with these enforcement proceedings,
since to allow himto do so would be in contravention of s.87 (1) CCA 1974 (as amended).
Parliament did not intend on passing these laws simply for the sake of the language prescribed therein.
Statutory provisions really do mean statutory,
any creditor who fails to comply with such, has lost his case because it must fail for want of compliance with the statute that applies to the case.
Godzilla
Kind regards
The Mould