Statutory Demand - Substituted Service

[rya]

Hi all,

Thankyou for providing an excellent forum to alleviate my stress levels.

 

My question is regarding a Statutory Demand received which has been posted through my letter box.

I first received a letter to say a process server had called at my address to serve me with the SD on several occassions without success (I am at home most of the time and have CCTV which does not agree with that statement), that he would call again at a certain date and time to serve it personally and if I failed to meet him that the demand would be posted through my letter box or advertised in a local newspaper by way of substituted service.

About a week later the server called to my address and put the demand through my letter box.

Am I correct in saying that he should have applied to the court for an order for substituted service or has the rules changed lately?

The SD appears to have been prepared correctly by a solicitor acting on behalf of Barclays bank.

 

Many thanks in advance.

[42man]

You are correct, but it can depend on a judge......whatever happens you should get it set aside. The fact you have CCTV which is contradictory against what the process server has said is inspirational and damming evidence against a liar. Keep the recording of the day / time safe.

 

What you must do however is get the demand set aside.....can you say what the particulars of claim / debt are (but don't be too specific with exact details dates) and maybe a little history.....is the claimant the bank ? do they name the solicitors on the demand ? any chance it may be statute barred ?

 

Have you sent off for a SAR ? and a CCA request ?

[raydetinu]

You must respond to the SD and go to court to defend or as said get it set aside.

Whst you cant do is nothing or it will run its course and a lot more difficult to sort later.

[rya]

Hi 42man and thanks for your reply.

If I apply to have the SD set aside I will be acknowledging receipt of it which I prefer not to do.

This is a debt that arose after Barclays repossessed a boat held on a marine mortgage back in 2009, they did so without a court order or my permission, I had instucted a broker to sell the boat for me at the beginning of 2009 to at least cover the debt to Barclays.

Barclays contacted the broker and took possession of the boat stating that they had the right to do so, unfortunately I had been diagnosed with Motor Neuron Disease around this time and was not made aware of what they had done until it was too late, they sold the boat hugely under value and are now pursuing me for the outstanding balance.

The solicitors are named on the SD and the debt is not statue barred.

[42man]

I understand....but it is easier to defend at demand stage than it is at petition stage....you sound like you know quite a bit anyway. Do you have a current dispute with Barclays at the moment (are they aware of a dispute?)

[rya]

I have disputed Barclays actions previously and have asked them to explain what legal right they had to take possession of the boat without my express permission or a court order, they have failed to respond to my correspondence.

In case it makes a difference I live in Northern Ireland, is there any differences in proceedings here?

Also I am currently unable to travel due to illness, can I be made bankrupt if I cannot attend court, I have medical evidence and my GP is happy to provide any evidence the court require stating that I am effectively home bound and unable to deal with any proceedings in this matter, to be honest I am still trying to come to terms with the illness and find it difficult dealing with this.

[raydetinu]

If they took it without a court order then I suspect you would have a claim against Baclays!

All this should be dealt with in court, including letting them know about your illness.

You could be made bankrupt if you dont do anything about it.

So contact the court and get the ball rolling, or see a solicitor, CAB etc.

[rya]

A quick update,

I spoke to my solicitor yesterday afternoon and he has told me that the SD had not been served correctly; he said that they should have went to the court and asked for an order for substituted service and my attention should have been drawn to the fact that they had done so, he has told me not to acknowledge the SD and that I do not at this stage need to lodge an application to have it set aside as by doing so I am confirming that I have received it (what's your opinion on this)?

He will speak to a barrister to confirm my legal position with regard to my claim against Barclays for taking the boat without my permission or a court order and ask Barclays to provide the necessary paper work that shows that they were entitled to take possession without the above.

 

Thank so far for all your help.

[rya]

Can anyone tell me if the info in the post by x20 in the sticky section entitled "Statutory Demands and Service By Post" is still current legislation?