What is a process server - statutory demand from Amex

kenyashilling

hi all

I have received a letter asking me to stay in so they can serve me a statutory demand on behalf of Amex BUT

I am not sure who the company is working for as up to now i was getting demands from Newman DCA for the debt and now this letter arrives

The DCA is in default over the CCA request and is getting quite narky over the application form they sent saying that the paragraph above the signature is the credit agreement.

The new letter is from a company called Ian Beim Associates and they are listed under the british investigators register.

They want to come round on Monday evening

Any advice

shinyhead

What strikes me as odd is I've looked through your posts and it seems they haven't tried a county court summons. IMHO this probably means that there is no enforceable CCA. I know very little about statutory demands except that I think they're a prelude to making someone bankrupt. This all just doesn't sit right. The debt charities say that creditors rarely do this but with the so-called credit crunch they might be getting desperate.

IMHO I think you'll need specialist advice. National Debtline I believe is open tommorrow (Sat) until about 2pm. Could be worth giving them a call.

Obviously you can't simply take my word for it but what strikes me is that if they haven't tried to CCJ you then how will trying to make you bankrupt succeed? Surely if the CCA is unenforceable then any bankruptcy hearing could be annulled on the same grounds?

Sorry I can't help any further but hope at least it's kept you bumped up.

peachyprice

Of all the credit card companies Amex are the only one that WILL and DO make people bankrupt. Unfortunatley anyone who you own more that £750 can petition your bankruptcy.

I'm not sure about having to stay in so they can serve a Stat demand though, they can just post it to you.

fermi

peachyprice wrote: »

Of all the credit card companies Amex are the only one that WILL and DO make people bankrupt. Unfortunatley anyone who you own more that £750 can petition your bankruptcy.

Yep. A Statutory Demand from AmEx should be taken seriously.

peachyprice wrote: »

I'm not sure about having to stay in so they can serve a Stat demand though, they can just post it to you.

Substituted service can be used if personal service cannot be effected.

From the Civil Procedure Rules.

11. SUBSTITUTED SERVICE

STATUTORY DEMANDS:

11.1

The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected. Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or by insertion through a letter box.

11.3

In all cases where substituted service is effected, the creditor must have taken all those steps which would justify the Court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the Court declining to file the petition: Insolvency Rule 6.11(9).

11.4

In most cases, evidence of the following steps will suffice to justify an order for substituted service:

(1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses.

(2) Should the creditor fail to effect service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet with the debtor, adding that a further call will be made for the same purpose on the day of 19 at hours at (place). At least two business days notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that

(a) in the event of the time and place not being convenient, the debtor is to name some other time and place reasonably convenient for the purpose;

(b) (Statutory Demands) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [post] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the Court will be asked to treat such service as service of the demand on the debtor;

(c) (Petitions) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the Court may think fit.

(3) In attending any appointment made by letter, inquiry should be made as to whether the debtor has received all letters left for him. If the debtor is away, inquiry should also be made as to whether or not letters are being forwarded to an address within the jurisdiction (England and Wales) or elsewhere.

(4) If the debtor is represented by a Solicitor, an attempt should be made to arrange an appointment for personal service through such Solicitor. The Insolvency Rules enable a Solicitor to accept service of a statutory demand on behalf of his client but there is no similar provision in respect of service of a bankruptcy petition.

(5) The written evidence filed pursuant to Insolvency Rule 6.11 should deal with all the above matters including all relevant facts as to the debtor’s whereabouts and whether the appointment letter(s) have been returned.

11.5

Where the Court makes an order for service by first class ordinary post, the order will normally provide that service be deemed to be effected on the seventh day after posting. The same method of calculating service may be applied to calculating the date of service of a statutory demand.