The concourt delivered an important judgment today. Pursuant to a number of conflicting decisions, consumers and courts adopted a stance that a consumer must actually get the S129 notice. This meant, the consumer could effectively just ignore the note from post office that there was registered mail. This was a tragedy. Law firms started resorting to use courier and personal delivery.
Today the court held, that the consumer must be responsible, credit is a two way street. Once the bank sent the registered mail and showed it arrived, they had done all that was expected.
Only if the consumer could show some circumstances why they did not collect could they claim the S129 notice proteaction.
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