then as you've found NO!!

dx

I have had reservations about legal documents served by email and no one seems to be able to give definitive answers

Are DN's NOA's and of course SD's valid if served by email. My gut feeling is no they are not because of the obvious security flaws and no guarantee that it will be delivered to the right person.

I would not like to say ignore it but there again maybe this is something the site team could investigate

It is my understanding that a Statutory demand has to be served personally. If they subsequently serve by post it is my understanding that they have to provide an affidavit confirming that personal service has been attempted.

I suspect that service by email will probably not be valid or could at least be challenged. Thing is, if you ahve admitted receiving it !!!

http://www.justice.gov.uk/courts/pro...cy_pd#IDAMEAIC

6. Service of court documents in insolvency proceedings

6.1

Except where the Insolvency Rules otherwise provide, CPR Part 6 applies to the service of court documents both within and out of the jurisdiction as modified by this Practice Direction or as the court may otherwise direct.

6.2

Except where the Insolvency Rules otherwise provide or as may be required under the Service Regulation, service of documents in insolvency proceedings will be the responsibility of the parties and will not be undertaken by the court.

6.3

A document which, pursuant to rule 12A.16(3)(b), is treated as a claim form, is deemed to have been served on the date specified in CPR Part 6.14, and any other document is deemed to have been served on the date specified in CPR Part 6.26, unless the court otherwise directs.

Methods of service

6.3

(1) A claim form may (subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties) be served by any of the following methods –

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

© leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or

(e) any method authorised by the court under rule 6.15.

(2) A company may be served –

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 20062.

(3) A limited liability partnership may be served –

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 20063 as applied with modification by regulations made under the Limited Liability Partnerships Act 20004.

CPR PD 6A

Service by fax or other electronic means

4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means –

(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –

(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b) the fax number, e-mail address or other electronic identification to which it must be sent; and

(2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) –

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;

(b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or

© a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court.

4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

4.3 Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy.

Regards

Andy

http://www.justice.gov.uk/courts/pro...cy_pd#IDAMEAIC

 

6. Service of court documents in insolvency proceedings

 

 

6.1

Except where the Insolvency Rules otherwise provide, CPR Part 6 applies to the service of court documents both within and out of the jurisdiction as modified by this Practice Direction or as the court may otherwise direct.

6.2

Except where the Insolvency Rules otherwise provide or as may be required under the Service Regulation, service of documents in insolvency proceedings will be the responsibility of the parties and will not be undertaken by the court.

6.3

A document which, pursuant to rule 12A.16(3)(b), is treated as a claim form, is deemed to have been served on the date specified in CPR Part 6.14, and any other document is deemed to have been served on the date specified in CPR Part 6.26, unless the court otherwise directs.

 

 

Methods of service

6.3

(1) A claim form may (subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties) be served by any of the following methods –

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

© leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or

(e) any method authorised by the court under rule 6.15.

(2) A company may be served –

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 20062.

(3) A limited liability partnership may be served –

(a) by any method permitted under this Part; or

(b) by any of the methods of service permitted under the Companies Act 20063 as applied with modification by regulations made under the Limited Liability Partnerships Act 20004.

 

 

CPR PD 6A

 

Service by fax or other electronic means

4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means –

(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –

(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b) the fax number, e-mail address or other electronic identification to which it must be sent; and

(2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) –

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;

(b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or

© a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court.

4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

4.3 Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy.

 

Regards

 

Andy

Thank you for your reply. Oh gosh, i am so confused with conflicting answers, i just called the county court stated and they clarify a SD MUST be served in person or if not possible must be via first class post, email is not a valid way!

They also stated that when a creditor must PROVE the only TWO forms of service to a judge, email is not an option.

In person-with a witness statement

By post-Proof of postage and signed affidavid

It is confusing and I don't think anyone will take offence that you called the court for clarification.

At least we all know for certain now

Thank you for your reply. Oh gosh, i am so confused with conflicting answers, i just called the county court stated and they clarify a SD MUST be served in person or if not possible must be via first class post, email is not a valid way!

 

They also stated that when a creditor must PROVE the only TWO forms of service to a judge, email is not an option.

 

In person-with a witness statement

By post-Proof of postage and signed affidavid

Sounds correct Confused Bunny ...dont forget my above post can be applicable if the SD is served after a Judgment.There are two types of Statuary Demands.

Regards

Andy

so here I am 5 year on from starting this thread, absolutely petrified to declare bankruptcy. I have an accumulated debt of £85k, none of which are going away and hanging over me like a dark cloud. I wrote to my debtors to request they are written off. I had about £2.5k debt honoured and written off. I have no savings or assets. I have a car worth approx. £1100, will the OR take this? If not, I pay my insurance premium by direct debit (annual premium is £750). Will I still be able to pay monthly, or will my insurance company expect the whole premium in advance? I need my car as I have mobility issues. (Its not registered as a mobility vehicle). Apologies if I sound very anxious in this post but I am under a lot of stress with my debt.

Are you in receipt of mobility funding? If so, could you not register the vehicle as a mobility vehicle?

Not an expert on bankruptcy, but my very close friend had to go through it because he couldn't work due to health problems.

He changed ownership of his car to his partner and like you he didn't have any other assets.

He was down as additional driver on the insurance but main user, this is still the case.

He's now found a job and he gets paid on his partner account.

I don't know if this is legal, but 3 years on nobody has bothered him, apart from a few reminders.

He says that bankruptcy sounds bad but overall is not.

http://www.consumeractiongroup.co.uk/forum/showthread.php?296861-For-everyone-who-feels-like-giving-up-Please-read-this-and-take-heart-x

There is no shame in bankruptcy nowadays and we have several stories on CAG where people have taken the plunge so to speak and come out of it both mentally and physically.. and are now getting their lives back on track.

No, as I only qualify for the low rate component on mobility with the DLA.

Are you in receipt of mobility funding? If so, could you not register the vehicle as a mobility vehicle?

No, as I only qualify for the low rate component on mobility with the DLA.

No, as I only qualify for the low rate component on mobility with the DLA.

Ah, that is not good

Rather than bankruptcy at this stage, I opted to request my debt written off. So far, I have had just over £10,000 written off, the rest, I am awaiting a decision still. Many had written my debt off with my first request showing proof of my long-term illness, others are being a bit more difficult, so I have had to send further medical evidence. For those that have written off my debt, how do I get this removed from my credit file please or is it automatic after a set time?