IDR statutory demand served by process server for UAE debt

[comebackjimmy]

Around about fifteen years ago 1st Credit was very busy sending out Statutory Demands.

This is potentially serious as you only have a limited time to reply (about eighteen days I think).  If you do not respond before that time has elapsed the creditor can then move to make you bankrupt.  But.....

1st Credit sent their SD's out second class post with no proof of service.  It costs nothing to print out an SD form and send it.

However, the Ministry of Justice took a dim view of 1st Credit using Court documents as a debt collection tactic.  The reason was that if you are serious about  issuing an SD then you would normally be expected to have it served in person.   1st Credit had no intention of paying around £700 per Creditor to start proceedings which, if successful would cost them more in Court fees and result in the Creditors assets being passed to a receiver who would (eventually) share them out at pennies in the pound to ALL creditors.

First ask yourself if this is a serious threat.  How did it arrive?   Was it normal post, recorded delivery, signed for or a personal service?

I ignored all the SD's I got from 1st Credit as I had no assets to protect.  However, you have a house and it is possible the Creditor has researched you and identified you may have assets.

So second, evaluate what the risk is of the Creditor moving to an Application for Bankruptcy.    I question who IDR is and if they actually own the debt, and if they do not then are they in a position to actually progress an Application for Bankruptcy.

I write the above not because I have any specific ideas of what to do next but to give other CAGers some further food for thought.  Having said that I think it important to understand if IDR can start proceedings and if so the SD should be responded to avoid a Court asking the awkward question of why it was not answered when or if the case does come up for a Hearing.

[comebackjimmy]

That is an excellent link andyorch, much more up to date than my experience.

Looks like the OP needs to respond in some way.

I am no expert but based on your link I would say an S78 is a good start.

I also wonder how an overseas debt can be enforced in a UK Court.  Wouldn't the original agreement be subject to the Laws of the Country in which it operated?

I am following as I am interested in learning more about this stuff.