Process servers

[Alacoque]

Hello All,

Wondering if anyone can help with some advice here.

Have had a terrible last seven years. Have disputed many of my creditors’ claims, lost my home and have been couch surfing for the last 2 years. A creditor (actually not the original creditor but a company who has bought the debt) is pursuing me for a debt. Not sure what debt they are pursuing – they had a charge over the property that I no longer own but may be involved in other unsecured debts.

I was registered with a council at a friend’s address, though have moved on. Am looking for work in other countries.

These creditors are convinced I still live there (believe the electoral roll only updates once a year?). They have sent my friend a letter phishing about me, have called my friend and gone door to door asking friend’s neighbours about me. If any post arrives addressed to me, my friend returns it unopened.

Friend opened a letter to me in error – it’s from a process server, it’s an ‘appointment’ letter and they intend to serve an N39 order to attend court for questioning before the end of the month.

I am destitute, have no assets or income and am looking for work outside the UK.

So, creditors are intending to ‘serve’ (which I thought meant touching the served with the papers) me at an address I don’t live at and I am not even in the country at the moment to deal with any of this.

Can these creditors ‘serve’ me without actually meeting me, aware that I am NOT resident at the address they think I am and can I be declared bankrupt in absentia?

Thanks so much in advance for any help incoming.

[FlamingParrot]

Re: Process servers

I was registered with a council at a friend’s address, though have moved on. Am looking for work in other countries.

These creditors are convinced I still live there (believe the electoral roll only updates once a year?). They have sent my friend a letter phishing about me, have called my friend and gone door to door asking friend’s neighbours about me. If any post arrives addressed to me, my friend returns it unopened.

Although it may sound like the best way to avoid hassle from creditors, in reality this isn't a good idea, since some of that post could be a court claim or even a statutory demand :scared:, both of which are very time sensitive. Failure to reply to a court claim would result in default judgment for the claimant (a CCJ against you), failure to respond to a statutory demand and/or apply to have it set aside leaves the door open to issue a bankruptcy petition, so you can see why it's best if your friend does forward you the post instead.

Friend opened a letter to me in error – it’s from a process server, it’s an ‘appointment’ letter and they intend to serve an N39 order to attend court for questioning before the end of the month.

A very fortunate error indeed! Sounds like one of your creditors has obtained a CCJ against you, probably as a result of what I've just said above, i.e. missing a claim form and them obtaining default judgment. In some cases, it may be possible to apply to have it set aside when you didn't get the court papers, but you also need to show the court you have a viable defence to the claim.

The n39 should give you details of the judgment and the form also has a warning stating that failure to obey the order can result in imprisonment for contempt of court, which is a criminal offence. That means this is not just another letter from a creditor, this is from the court and has to be taken seriously.

I am destitute, have no assets or income and am looking for work outside the UK.

As stated on the form, you are meant to disclose details of your financial circumstances.

So, creditors are intending to ‘serve’ (which I thought meant touching the served with the papers) me at an address I don’t live at and I am not even in the country at the moment to deal with any of this.

You may want to check the public record for judgments (CCJs) here to find out who has obtained one against you, you can do so without being in the UK: http://www.trustonline.org.uk/search-yourself

Can these creditors ‘serve’ me without actually meeting me, aware that I am NOT resident at the address they think I am and can I be declared bankrupt in absentia?

Thanks so much in advance for any help incoming.

The n39 is not a prelude to bankruptcy, that would have to be a statutory demand. It is intended to obtain information about your financial circumstances so the creditor can enforce the judgment: https://www.nationaldebtline.org/EW/...m/Page-05.aspx

This is what the form looks like, obviously yours would be filled in: http://www.moneyclaimsuk.co.uk/PDFForms/N39.pdf

Would be a good idea for you to find out who obtained judgment against you (check the record as noted above), so you can get in touch and explain your situation, including the fact that you are out of the country and have no assets in the UK. :thumb:

[Alacoque]

Re: Process servers

FP, thanks so much for your considered reply - the references are v v helpful. The friend who is being hassled is really a friend of a friend and is (understandably) getting irritated by the situation. Problem is that I don't have a forwarding address and I'm not in the country so it's difficult to deal with it all. Will the N39 be considered 'served' if dropped through a letter box or must it be delivered by hand to me?

Thanks again for all your help.