Hi,

My partner was handed this last saturday evening, 7pm, by a man in a uniform.

He said he had a delivery for me. My partner asked if she could sign for it, but he said it had to be me. He then asked when i would be at home and asked where i was currently.

He said he would leave a card so i could call them and arrange re-delivery rather than him visiting everyday.

Then today, at about 3.30pm,

I was outside the house getting a second hand cooker from the van that id been given, as mine had died,

when a man approached from the road.

He was in a uniform and said he had a delivery for me, presuming I was me, which I was happy to confirm.

He then said he had a delivery for me,

I said what is it, he wouldnt confirm what it was.

I told him that I was under the impression that he was not in fact a courier,

he was there on behalf of a debt collection agency.

I told him I would not accept anything he had and was not interested in anything else he had to say.

He said he had to say he had delivered the package and I said 'thats up to you', i am not interested in his delivery.

He said can he give it to me?, i said no.

He then appeared to walk away and i went indoors.

A short while later my youngest son said there was a letter outside for me.

I opened the door and it appears the man had dumped the letter on my footpath, as can be seen, and where it still is.

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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thanks. It seems that the file is larger than i intended but im not sure what to do about that, sorry.

In any case, if it is court papers etc, how and when is it deemed to be 'served'?

What happens if a court date passes, say for example

- they say an N39 was served,

but i dont appear, as It was not and i am unaware of any date set.

The server would surely have had to lie about it being served?,

dont they have to complete an affadavit?

Just for reference and info,

I have already attended court for questioning after an n39 for another creditor only last year.

Does this mean all my creditors could do this and i could be going back and forth to court?

Im really not impressed with my creditors and the system anymore

as it has led to some incredible stress for me other the last few years.

Check my previous posts if you want some background.

I havent been well due to the stress,

i collapsed early last year and tore my rotator cuff.

Then in the summer i had a bad accident where i fell and had a crushing injury to my chest/plexus.

Since then i havent been well, leading up to some tests and an ecg showing i had a heart anomaly.

I have always been very sporty and fit, but since being made redundant and put into debt,

my health and especially mental health has suffered greatly.

The onlyh thing that keeps me in line is my love for my family.

I cant afford bankruptcy and i have got to the point I no longer care what my creditors think

and would happily fist fight in the street with them over it.

it could only be a statutory demand?

IF its court related

18 days from when they deemed it served

time to open it me thinks.

dx

okay, gonna go get it.

Will let you know

Right, this what it was.

An N39, despite already attending court. The same court, only last year. Surely they would hold information?

Is it the same claim/debt ?

In any case, if it is court papers etc, how and when is it deemed to be 'served'?

Most court documents can be served by normal post. There is no requirement for registered post or special delivery.

Some documents have to be served personally. The rules say a document is served by 'an individual by leaving it with that individual'. You can't refuse service of documents (and there is little point if you accept the money is owed but can't repay it).

What happens if a court date passes, say for example

- they say an N39 was served,

but i dont appear, as It was not and i am unaware of any date set.

 

The server would surely have had to lie about it being served?,

dont they have to complete an affadavit?

If you don't appear, the creditor is in a difficult position. In theory they could seek an order that you are committed to prison for contempt of court but that doesn't really happen in reality. It wouldn't be looked on too kindly though and you run the risk of the creditor trying to enforce some other way if you have any other income stream or assets.

Just for reference and info,

I have already attended court for questioning after an n39 for another creditor only last year.

 

Does this mean all my creditors could do this and i could be going back and forth to court?

I cant afford bankruptcy and i have got to the point I no longer care what my creditors think

and would happily fist fight in the street with them over it.

You do have to attend court each time an N39 is served on you. You simply complete the form and the creditor shouldn't be able to get much (if anything) anyway.

Yes, it is for the same claim/debt as before.

I previously attended court on 10th June 2014 for questioning in relation to the same debt with exactly the same claimant, same claim reference number.

How many times, or by what frequency can a creditor make n39 applications in relation to a single claim number?

Nothing has changed, are they just fishing?.

It is a debt i have with mbna.

They were the most unco-operative of my creditors.

They were extremely rude when i would contact them and have pretty much harassed me since i stopped making payments.

I asked all my creditors if they would make me bankrupt,

back in 2009/2010 as i had no way of paying after being made redundant when my boss went bankrupt,

but they all wanted to keep me dangling and suck me dry like Nosferatu.

I would have been nearing the end of the matter by now if they had, or if i could have afforded it myself.

The system is a joke for those who genuinely have nothing but the shirt on their back.

I would have gone the way of a DRO, but due to interest and charges my total debt went over the limit.

I would have been nearing the end of the matter by now if they had, or if i could have afforded it myself. The system is a joke for those who genuinely have nothing but the shirt on their back. I would have gone the way of a DRO, but due to interest and charges my total debt went over the limit.

Not sure if it helps but I think the DRO threashold is to be increased this year from £15k to 20k

Not sure if it helps but I think the DRO threashold is to be increased this year from £15k to 20k

From October

From October

Unfortunately, from what i have recently read, i think my pension rules out a dro due to it being an asset

I should have gone bk 5 years ago but never had any 'spare' (is there such a thing?) money.

Father was going to pay for it but died within a month or so of telling me.

Step mother left taking everything between herself and her son.

Now ignores my brother and me.

Hoping my brother may help, as i did him a similar turn when my life was going well.