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Making someone bankrupt you cannot find
darkbananaman
Posts: 55 Forumite
Can someone make you bankrupt if they do not know where to find you?
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Comments
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If it's anything like the small claims system then the requirement is to issue paperwork at the last known address... but I couldn't say for sure if this is the case.
Although it's not usually that hard to trace an individual. As soon as you change your address with a bank it will show on your credit report, as it displays address history and electoral info.0 -
Hi,
A statutory demand can be issued to a last known address, but this is just a piece of paper that the court knows nothing about.
A creditors petition (following a stat demand) MUST be served (given to) personally and every effort made to do so.
However, a District Judge can allow 'substituted service' if all other genuine attempts at contact has failed. This could be by sending 1st class to last known address.
So the answer to your question is, ulimately, yes you can be made BR if they don't know where to find you - and a fair few creditors BR petitions cause just that surprise!
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
As said, there are extra hoops to go through by obtaining an order for substituted service/advertisement, but fundamentally the system is set up so that not having an address for someone is not a bar to legal proceedings; bankruptcy or other.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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