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

astron4

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?

fatbelly

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

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

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........

astron4

sourcrates said:

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.

astron4

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

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.

astron4

sourcrates said:

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

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.