Proof of service of default notices

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.

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.

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.

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