Process server didn't find anyone at address to serve Statutory Demand

I need to serve a Statutory demand notice to a debtor, and the process server told me that no one is at the registered address in Companies House. In fact, the address is now part of a hospital!
It is my understanding that the process server will issue an official document stating that he didn't find anyone at the address and will leave the notice copy there(?)
What happens after that? Does the debtor still have 21 days after the server leaves the notice and then I can apply to make him bankrupt?

Comments

  • fatbelly
    fatbelly Posts: 20,259
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    I think you apply for his bankruptcy, he appeals and the court has to sort it out.

    Alternatively he can pay what he owes and dispute insolvency on those grounds
  • astron4
    astron4 Posts: 28
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    fatbelly said:
    I think you apply for his bankruptcy, he appeals and the court has to sort it out.

    Alternatively he can pay what he owes and dispute insolvency on those grounds

    He already has a CCJ against him and a bailiff chasing him, so an appeal won't fly.
    I just wanted to know whether I go ahead with the bankruptcy application anyway.
  • sourcrates
    sourcrates Posts: 28,558
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    edited 28 November 2023 at 10:03PM
    Do they possess sufficient assets to make it worthwhile you making them bankrupt?

    Fees

    The court fees to make someone bankrupt are:

    • £1,500 petition deposit (for managing the bankruptcy)
    • £302 for court costs
    Its going to cost you £1802,00 to find out........
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing [email protected]. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Do they possess sufficient assets to make it worthwhile you making them bankrupt?

    Fees

    The court fees to make someone bankrupt are:

    • £1,500 petition deposit (for managing the bankruptcy)
    • £302 for court costs
    Its going to cost you £1802,00 to find out........

    Yes, they do, at least based on last year's accounts in CH. AFAIK they're a quite healthy company taking on lots of new business.
  • Following up on this, the process server left the letter with whoever was at that address and gave me a Statement of Truth describing the above.
    I am about to submit a petition to wind up the company (maybe that will alarm them), and from what I gather from gov.uk's website, I need to submit the paperwork described here which I already have.
    However, in Form Comp1, under

    (n) Insert name of witness

    The phrase reads

    (n) For the reasons stated in the witness statement of [Name of creditor] filed in support hereof, it is considered that:

    Does this mean that I need to submit a witness statement as well? Based on my understanding in gov.uk's page there's no such need.


  • sourcrates
    sourcrates Posts: 28,558
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    You are asking for legal advice, we are not equipped to answer that question with any degree of certainty.

    With all official legal documents, there are explanation notes on line, or, ask on the Legal Beagles website.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing [email protected]. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • astron4
    astron4 Posts: 28
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    You are asking for legal advice, we are not equipped to answer that question with any degree of certainty.

    With all official legal documents, there are explanation notes on line, or, ask on the Legal Beagles website.

    Didn't know that forum, thanks for sharing.
  • astron4
    astron4 Posts: 28
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    edited 17 January at 11:51AM
    Update on this:
    I've sent a winding up petition to the defendant's local court, and nothing happened. A few weeks later, I called the court (most of them have a main line), and asked what was the status. They replied that the court I've sent the pack doesn't deal with company liquidations. How I was supposed to know that don't know, but the operator said that I should have gotten in contact with the court first to ask.
    Now, a month later, the court says they sent back the pack on the 22nd Dec, but I still haven't received anything. I asked them for a tracking number, and they said they send everything 1st class, so there is no tracking number. The pack also contained a postal order for £302, which is the winding up fee.
    Any suggestions as to what I do now? Do I wait? Obviously I don't have anything to claim from the Post Office as I'm not the sender.
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