IDR Statutory Demand Threat letter

[Doubledexx]

 

 

 

I got the IDR letter saying the prescribed time had elapsed they would now prepare a statutory demand. 

 

I'm not convinced it's not a bluff, but time will tell. I'm keen to hear if you guys get have any further input in future. I'll keep you updated this end.

 

D

[Pk2023]

It’s probably not a bluff but dx100uk has stated that it has to be handed in person and cannot just be put through letter box and also they may not register with court, so even if they do send it could still be scare tactics. 
 

[Doubledexx]

Yep, well, I have no money to give them so I think remaining quiet and ignoring them until I absolutely have to engage is my best tactic presently.

Edited March 1, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

own thread created.

 

[dx100uk]

PART THREE: PERSONAL INSOLVENCY

11. Statutory demands

11.1 Rule 10.1 prescribes the contents of a statutory demand. An example of a statutory demand may be found at:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Bankruptcy%20and%20Insolvency

11.2. Rule 10.2 applies to service of a statutory demand whether within or out of the jurisdiction. If personal service is not practicable in the particular circumstances, a creditor must do all that is reasonable to bring the statutory demand to the debtor’s attention. This could include taking those steps set out at paragraph 12.7 below which justify the Court making an order for service of a bankruptcy petition other than by personal service. It may also include any other form of physical or electronic communication which will bring the statutory demand to the notice of the debtor.

12.7 Service of bankruptcy petitions other than by personal service

12.7.1 Where personal service of the bankruptcy petition is not practicable, service by other means may be permitted. In most cases, evidence that the steps set out in the following paragraphs have been taken will suffice to justify an order for service of a bankruptcy petition other than by personal service:

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

(2)  Should the creditor fail to effect personal service, a letter should be written to the debtor referring to the call(s), the purpose of the same, and the failure to meet the debtor, adding that a further call will be made for the same purpose on the [day] of [month] 20[  ] at [ ] hours at [place]. Such letter may be sent by first class prepaid post or left at or delivered to the debtor’s address in such a way as it is reasonably likely to come to the debtor’s attention. At least two business days’ notice should be given of the appointment and copies of the letter sent to or left at 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 should propose some other time and place reasonably convenient for the purpose;

(b)  in the case of a statutory demand as suggested in paragraph 11.2 above, reference is being made to this paragraph for the purpose of service of a statutory demand, the appointment letter should state that if the debtor fails to keep the appointment the creditor proposes to serve the demand by advertisement/ post/ insertion through a letter box 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)  (in the case of a petition) if the debtor fails to keep the appointment, an application will be made to the Court for an order that service be effected either by advertisement or in such other manner as the Court may think fit.

(3) when attending any appointment made by letter, inquiry should be made as to whether the debtor is still resident at the address or still frequents the address, and/or other enquiries should be made to ascertain receipt of all letters left for them. If the debtor is away, inquiry should also be made as to when they are returning and whether the 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 permit a solicitor to accept service of a statutory demand on behalf of their client but not the service of a bankruptcy petition