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Attempting to serve Form N39 - Guidance please

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  • Attempting to serve Form N39 - Guidance please

    Hello,
    I am trying to recover some money £2500 for my very elderly mum who was preyed on by an unregistered gas fitter. All the work he carried out had to be rectified by another company. He is still working as a gas fitter.
    To be brief - I obtained a CCJ and CC bailiffs tried to get him to pay. They failed to get him to open the door and when he answered the intercom and found out who they were he just put the phone down. I got a High Court Writ and the sheriffs also failed to get him to respond. So now I have obtained an N39 to get him into court. The issue is that he lives in a flat in a posh location with gates. I can't get anywhere near the front door of his flat and also feel he might be aggressive ( he was told off by the judge at the initial hearing for being rude and obstructive). I tried posting it (not even sure if that is allowed) signed for but Royal Mail couldn't deliver it two days running. I have asked the court for guidance but wondered whether anyone has had a similar situation.
    Thank you
    Tags: None

  • #2
    Is he on the https://www.gassaferegister.co.uk/

    Comment


    • #3
      I recall reading/being told (?) sometime ago that if many attempts at serving the N39 failed and you thought the defendant was deliberately avoiding service you could request the court's permission to serve by post

      Perhaps others (? rob or atticus ) know

      Comment


      • #4
        Originally posted by islandgirl View Post
        He wasn't at the time and used an old card from a previous employer. He just flashed the card at my mum who assumed it was valid. He was reported by GasSafe to the Health and Safety Executive but due to Covid they didn't prosecute.

        Comment


        • #5
          Originally posted by des8 View Post
          I recall reading/being told (?) sometime ago that if many attempts at serving the N39 failed and you thought the defendant was deliberately avoiding service you could request the court's permission to serve by post

          Perhaps others (? rob or atticus ) know
          Thank you. Hopefully the court will respond at some point, although sometimes they don't ever reply.

          Comment


          • #6
            You will need to make a formal application (at cost!)

            Comment


            • #7
              You say he wasn't on the gas safe register then but is still working as a gas engineer now. Is he on the register now? Hope not if he was reported by GasSafe to HSE. If he is still not on the register he is working illegally.

              Comment


              • #8
                Engage a process server. A good one will if necessary provide a witness statement of his attempts to serve, which can be used in an application for substituted service.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Get Land Registry entries for the flat. If he owns it, apply for a charging order.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Thank you all for your helpful comments.
                    He is currently Gassafe registered and previously, when he was working illegally they reported him to HSE.He also uses logos such as TrustMark without permission.
                    I have carried out a land registry check and he is a tenant.
                    I did enquire about process serving but it was £250. I will pay this if I have to but will wait to hear from the court. At least I have some time to sort this out, the hearing isn't until October.
                    Thank you again.

                    Comment


                    • #11
                      Get a friend to book him to come out to quote for some work. Be there to serve him.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Brilliant idea! Thanks

                        Comment

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