What is the method of service of a notification letter from the bank to the debtor under a bank loan agreement for an early repayment loan?
When sending the debtor a notification letter from the bank declaring the loan due, the service could be certified by the postal operator in accordance with the Postal Services Act.
The method of certifying the service of a notification letter to the bank, by which the loan is declared due, is set depending on the method of notification chosen by the creditor. The regularity of service is assessed according to the method of service thus chosen. If / for example the bank / has chosen to serve a notification on the debtor by postal item, then according to the provisions of the Postal Services Act the conditions for delivery of postal items are determined according to the general rules adopted by the Communications Regulation Commission.
The certifying power for receiving the message is served in the case of registered mail, which is delivered to the recipient's address against a signature or to an adult member of the recipient's household living at the address, against a signature and identity document. The general rules set out the actions to be taken by postal employees when the registered postal item is not delivered when visiting the address. The postal operator certifies that the shipment has not been delivered when visiting the address. The postal operator certifies that the shipment has been delivered to my address and the same has been returned to the sender according to the explicit instructions in Art. 14 of the rules.
Given the consequences that the legislator associates with declaring early receivables under a bank loan agreement, the presumption of bad faith default of the debtor / concealment or refusal to receive communications / should be assessed according to the contract signed between the parties.
It is possible that the parties to the contract have agreed on the methods of service of the notices, as well as to provide that the statement of one party will be considered reached by the other party, without in fact the same has been received. Such a clause in which the letter is undelivered or only sent is considered that / the bank, for example / has exercised its rights to notify the debtor in good faith. However, in case the contract does not contain such stipulations, the creditor's statement of intent to declare the receivable under the loan agreement prematurely due has reached the debtor, and the service may be certified under Article 5, paragraphs 1 and 2. of the General Rules for the Conditions for Delivery of Postal Items.
In case there is no stipulation in the contract regarding the service of notices and letters and the shipment is returned as undelivered, regardless of the reasons for this statement of the creditor's will to declare the receivable under the bank loan agreement premature . The creditor could choose another method of service.