The Financial Services Ombudsman has come out with a publication about what evidence a financial institution needs to show to establish to the Ombudsman satisfaction that, on the balance of probabilities, it sent a document to a customer’s last known address.
It is expected 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.
There are a number of standard proof of service forms that should be used to make sure that the claim for payment is legitimate.
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.