Threat of Statutory Demand

vax2002

It is slightly more complicated that that fermi, having probally served a few Statutory demands I know the proof a circuit Judge will ask for and I have never seen one accept the old line "it was posted".
guidelines are just that guidelines, the judge will decide the legality of servitude.
They may be some exceptions, but most if not all will not allow the process to be set without proof of service or attempted proof of service.

vax2002

Some more practical advice than kick the victim here may be, to perform a CCJ check and paid credit and see what they are trying to claim ?
Get full details of the debt and challenge it from the other end, if it is a ccj, apply to the court for it to be set aside.
You need to start digging and do not rule out the possibility that this could be a scam by a chancing debt company tracing someone of the same name.

fermi

There have been several cases lately where Lowell sent SDs to the last known address and successfully obtained a bankruptcy order.

They seem to be on a bit of a mission with them at the moment.

Official records show that Lowells have issued 128 bankruptcy petitions against debtors since the beginning of this year alone. :eek:

vax2002

If the OP can find the CCJ if there is one, attend the court and fill the form in to have it set aside with the clerk, pay the fee and get it set at the same time they wont be any debt for them to serve anything for until the hearing has been set.

fermi

vax2002 wrote: »

If the OP can find the CCJ if there is one, attend the court and fill the form in to have it set aside with the clerk, pay the fee and get it set at the same time they wont be any debt for them to serve anything for until the hearing has been set.

Who says there is a CCJ? You don't need one to issue a SD.

Unlikely to be one with Lowells.

fermi

vax2002 wrote: »

It is slightly more complicated that that fermi, having probally served a few Statutory demands I know the proof a circuit Judge will ask for and I have never seen one accept the old line "it was posted".

They certainly do.

One from a quick scan through the public record.

Mr Cassells did not pay those liabilities and on 5 August 2002 the Revenue and Customs issued a statutory demand addressed to Mr Cassells requiring payment of the sum of £4,533 odd. It was served by post on 13 September 2002, but again Mr Cassells ignored it. Accordingly, on 7 January 2003 the Revenue and Customs issued a bankruptcy petition and presented it to the High Court in London based on the statutory demand to which I have referred.

Again, on 13 March 2003 they had to obtain an order for substituted service of the petition by post. It was duly served two weeks later and the bankruptcy order was made by the District Judge on 1 May 2003.

FireWyrm

OK, legality of serving a notice to a previous address where the named person cannot 'technically' be informed of the SD and therefore cannot defend themselves aside....

Is there any more practical advice that can be given to the OP in this situation? I think we all acknowledge that this is a serious issue and that the OP needs to get on this immediately. In the case that Fermi sights, I suggest that the named person had been and continued to live at the address and simply ignored the notice. Not the same thing here with the OP since she has not lived there for 4 years. A judge surely would see that given a rented accomodation with a potentially high turnover of residence, the balance of probability here is fraud and not evasion.

fermi

FireWyrm wrote: »

A judge surely would see that given a rented accomodation with a potentially high turnover of residence, the balance of probability here is fraud and not evasion.

Well, that is grounds for set aside of the SD (or opposing the petition) not related to any service issues.

i.e. that it is not your debt

Hopefully more will become clear once more information comes through.

There may still be issues with service here, depending on the steps the process server has taken, but it's somewhat secondary to that main principle.

fermi

If the SD is served, then I would certainly be writing immediately to Lowells to set out the dispute and give them a chance to voluntarily withdraw the SD. Obviously with the ultimatum that if they refuse, then given the disputed nature of the debt you will apply to have the SD set aside by the court and claim costs against Lowell for being forced to do so.

RAS

Holly

have you checked all three of your credit records?

You could then find about accounts that are not yours.