Response to CML..Fact or fiction

Mark,

A debt letter is considered served by the court if it is sent normal post.

Also as the CML policy is purely voluntary i fail to understand how a solicitor could 'stand their guns' requesting proof of delivery?

If the lender was to proceed to court the solicitor would not be able to use this argument - in fact after 1997 Building Societies Act SI even statutory notices ( A legal requirement to notify the borrower of the sale price) were no longer required to be sent recorded delivery

THe lenders attitude would be 'we have no proof of delivery however the letter was never returned to us therefore indicating it was received', As you say 'prior to court' - you can say what you like but if they decide to take to court the courts gonna agree with the lender on this one.

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