Default Notice dates

[df1day]

Following on from earlier thread rgarding my pending court case.
I have now looked at the default notice and have a question regarding the 14 day period. Does that include weekends and bank holidays?

[Never-In-Doubt]

Re: Default Notice dates

Following on from earlier thread rgarding my pending court case.
I have now looked at the default notice and have a question regarding the 14 day period. Does that include weekends and bank holidays?

14 days is 14 days, the usual is 12+2 meaning 12 days (mon-sat) week 1 and (mon-sat) week 2. The + 2 means 2 x Sundays.

So to answer you, yes it includes weekends, it is simply 14 days - not 14 working days.

If the default is also incorrect then you will deffo get it struck out, but you will anyway because you are disputing the account, they have failed your s.78 request and s.127(3) protects you from any order being made (i.e. no decree for you)!

Good Luck./

[df1day]

Re: Default Notice dates

Thanks, Nid.
When searching for information on Scots Law I came across a thread on CAG where some posters mentioned weekends and bank holidays did not count. But you've clarified that for me.

Can you indulge me with one more question. The default notice is dated 20 May 2010 but the citation from the Sheriff Court quotes "a Notice of Default was served on the Defender in terms of Section 87(1) of the Consumer Credit Act 1974 on 19 May 2010
It seems a small point but does the difference in dates amount to anything?

[Never-In-Doubt]

Re: Default Notice dates

Thanks, Nid.
When searching for information on Scots Law I came across a thread on CAG where some posters mentioned weekends and bank holidays did not count. But you've clarified that for me.

Can you indulge me with one more question. The default notice is dated 20 May 2010 but the citation from the Sheriff Court quotes "a Notice of Default was served on the Defender in terms of Section 87(1) of the Consumer Credit Act 1974 on 19 May 2010
It seems a small point but does the difference in dates amount to anything?

Hiya yes the dates matter, that is one of the key points about default notices, the dates.... more are wiped cos of bad paperwork/accounting than anything else..... i'd mention it, it is important.

Weekends count, in so much as it is 12 days and if you include sundays then it becomes 14 days, to specify this we always break it down when dealing with lenders and quote the 12+2 days. This way they know what it means. ;Sh