MBNA and ukmail

[BARFLY]

which law states that any other mail is deemed second class and hence four days, teaboy? this would be great if correct.

[hungrybear]

the interpretations act 1978 states 2nd class (4 days) is normal post. Only first class (2 days) is recognized as an alternative BUT you have to prove 1st class royal mail else it is 2nd class by default; ie 4 days

 

and only working days count as the days

 

No other carrier is recognised explicitly, hence 4 days for UK / TNT; both of which are 3 day nominal service which is 4 in the eyes of the law

[BARFLY]

thanks hungrybear. that gives me some hope with a couple of DNs that have been terminated. problem is i didn't keep the envelopes. do you think a SAR would establish what provider they used. if it was royal mail first class they managed to squeeze in by a day, otherwise they've terminated without a valid DN.

[teaboy2]

the interpretations act 1978 states 2nd class (4 days) is normal post. Only first class (2 days) is recognized as an alternative BUT you have to prove 1st class royal mail else it is 2nd class by default; ie 4 days

 

and only working days count as the days

 

No other carrier is recognised explicitly, hence 4 days for UK / TNT; both of which are 3 day nominal service which is 4 in the eyes of the law

 

Yep that is the one hungrybear.

[teaboy2]

thanks hungrybear. that gives me some hope with a couple of DNs that have been terminated. problem is i didn't keep the envelopes. do you think a SAR would establish what provider they used. if it was royal mail first class they managed to squeeze in by a day, otherwise they've terminated without a valid DN.

 

4 days postage is by default. they would have to prove in court that it was sent 1st class. So you dont need to do anything other then state the 4 day postage prior to being deemed as served rule and refer the judge to the interpretations act 1978. if they (the claiment) disagree with you get them to stait prove of postage. Chances are, they will have no record of the postage. and i doubt a subject access request would contain anything about the DN other then the date the DN was written on. Remeber the onous of prove is on them, so it is them that most provide prove not you!

 

But still a subject access request is defiently a must as it will provide you with everything they have on you regarding the account and maywell show up somthing that will go against them, E.G No CCA.

Edited December 10, 2009 by teaboy2
grammer

[hungrybear]

thanks hungrybear. that gives me some hope with a couple of DNs that have been terminated.good no wiggle left problem is i didn't keep the envelopes. do you think a SAR would establish what provider they used. no you will get a comms 'produced' entry. if it was royal mail first class they managed to squeeze in by a daysure??????, otherwise they've terminated without a valid DN.

 

who were the creditor, because SOMEONE on here will know their normal method of postage.

 

AND tell me the dates 'cos 1 day is close you MIGHT have missed a weekend or a bank holiday or.... I like clasping at straws, they normally save money:D

[hungrybear]

NO - sorry. It would start 'this is a termination notice under sections 78(1) and 98 of the cca.

was it sold to the dca? - then it WOULD be terminated at the point of sale.

[BARFLY]

Thanks Hungrybear. The OC was xxxxxxx but they have since sold the account to a DCA. The DN was dated 9th January 2008 and gave me until 26th January 2008.

Edited December 10, 2009 by BARFLY

[hungrybear]

It's tight for first class, I would say tuesday delivery for first class BUT you'd need to hammer that in court.

 

now we need some nice cagger to say what there postal method is - or you could ring and say you need something by next week, jus wondering how you post

[BARFLY]

are you working on 2008 hungrybear or 2009? i think they use uk mail but haven't kept the envelope. would a sworn affadvit in court that they posted 1st class just be accepted? that's what they would do. would be in the fast tack court though as is more than £5000.