Bankruptcy
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Wizardy18
Posts: 55 Forumite
I'm trying to study a few things regards Credit Reports, debts etc.
One thing I've not come across (yet) is that, say the debtor moves address, and at the time they have no late payments, but forget to pay, that account is defaulted.
If the creditor proceeds for bankruptcy, what is the requirements of serving the debtor a bankruptcy order/notice, bearing in mind they've moved and the creditor has no up to date address?
I know a CCJ can be served to the last known address.
But bankruptcy could have major issues on the person's employment, status, housing etc.
Would one be correct in thinking, they would have to personally serve the bankruptcy order for it to be made live/enforced?
One thing I've not come across (yet) is that, say the debtor moves address, and at the time they have no late payments, but forget to pay, that account is defaulted.
If the creditor proceeds for bankruptcy, what is the requirements of serving the debtor a bankruptcy order/notice, bearing in mind they've moved and the creditor has no up to date address?
I know a CCJ can be served to the last known address.
But bankruptcy could have major issues on the person's employment, status, housing etc.
Would one be correct in thinking, they would have to personally serve the bankruptcy order for it to be made live/enforced?
0
Comments
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It's called a statutory demand and it doesn't have to personally served if the creditor can prove they've been unable to trace or contact the debtor.
More information here: https://www.gov.uk/statutory-demands/how-to-serve-a-statutory-demand
https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter45/part10/part_10.htm
45.95 Substituted service Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or insertion through a letter box /COLOR][URL="https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter45/part10/Part%2010%20notes.htm#6"]Note 6[/URL][COLOR=#000000. For this to be acceptable to the court, the creditor must have taken similar steps to those which would persuade the court to grant an order for substituted service of a petition /COLOR][URL="https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter45/part10/Part%2010%20notes.htm#7"]Note 7[/URL][COLOR=#000000 (see paragraph 45.121). In Re A Debtor /COLOR][URL="https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter45/part10/Part%2010%20notes.htm#8"]Note 8[/URL][COLOR=#000000 it was confirmed by Blackett Ord QC that in some cases it may be appropriate to serve the statutory demand upon the Solicitors of the debtor. The Rules do not allow for service of a statutory demand by electronic means0
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