Does anyone know if there is a law that companys etc must provide proof that i have recieved a letter from them

[scottyjay13]

Capital One bank have registered a default against me in 2006 but i never recieved a letter from them. The onbudsman are saying they have a copy of the letter that was sent and it must have been sent to my address but i never recieved it. Capital one are saying its on there system as sent but working for a company who sends documents out i know things are said that are sent on systems are not always the case. Im sure i read somewhere these companies have to provide proof that a letter was recieved can you help?

[ummmm]

If they had to provide proof then all letters would have to be sent recorded delivery.

[bednobs]

i don't think that can be right - as ummm says, short of doing a signed for delivery, there would be no way to prove you had received the letter. I suppose it's up to you to know when your credit card payment is due (or sort out a direct debit)

[carmalee]

It matters not that an item can be proven to have been sent - that doesn't mean it was ever received. This is why recorded and registered post is available.

[ABerrant]

It matters greatly that an item can be proven to have been sent - most British law that makes reference to sending documents relies on The Interpretation Act 1978...

s(7) References to service by post. E+W+S+N.I..

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

...thus a properly addressed, prepaid letter entrusted to Royal Mail or other carrier is legally deemed as having been sent; non-delivery does not matter unless you can prove it was never delivered and how do you prove a negative?

[robgrant]

You are entitled to request a copy of your credit reports from the three major players. Enclose a copy of the letter you received from BAC as proof.

When you find the information on the reports, follow each agencies directions for denying the information. Usually, you'll need to write back to the credit agency including copies of the report and the reason why you believe the information to be true. One thing though, if you do owe the money be prepared to write a check to settle or BAC can re-enter the information onto your account.

[wizard]

Unfortunately, as already covered in quite some depth by other members, there isn't really much you can do to contest this.

If they are saying that the default notice was sent then that is sufficient enough to prove that the default was sent.

If you want my advice, send them a Subject Access Request (using the Data Protection Act). It'll cost you £10 but it legally requires them to send all information that they hold on you. They will need to send you a copy of the default notice, once they send you it, check to make sure that it is within the prescribed terms (refer to section 88 of the consumer credit act 1974).

Default notices are notorious to challenge, if I'm honest you're probably better off waiting until it drops off your credit file after 6 years.