The Financial Services Ombudsman has published a note (here) about what a financial institution needs to show to establish to FOS’s satisfaction that, on the balance of probabilities, it sent a document to a customer’s last known address.
Langes+ solicitor Joshua Annese has made these comments regarding proof of service default notices:
We usually suggest that clients have the person that serves the notice complete a proof of service form and attach it to a copy of the default notice that was sent. Having read through the FOS note it seems this would be perfect and provide FOS with all the information they need.
We have 10 template proof of service forms in our default notice product (1 for each state and territory and 1 for unsecured loans and 1 for goods mortgage secured loans [the goods mortgage secured and unsecured versions are the same as they have the same service requirements]). We do the same thing for default notices that we issue for clients and we have the process server complete the form.
We find that using a proof of service form provides sufficient proof and if Court proceedings follow, we have all the service information on the one document that we need for a proof of service affidavit. Also the proof of service forms contain the correct service information for that state or territory so it ensures the client complies with the state legislation service requirements and the NCC service requirements as well.
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Posted 15th July 2010 by admin in Legal
