Query re Process Servers

[Stephan56]

I submitted this query to the Debt Collection forum, where I contribute a lot, but they suggested it was better if I put it on this form, so here goes:

 

I have seen the letter template one can sent to a DCA to stop them from atteniding your premises. In effect, as they are not supposed to attend without an appointment, you make clear in that letter that (i) you won;t make an appointment with them, or their agents and (ii) put them on notice that any implied license to attend (such as given to a postman etc) is specifically revoked in respect of the DCA you are writing to. Therefore, having had that letter, any DCA who tries to attend is, as I understand it, in breach of OFT guidelines etc.

 

My question is, can that same letter also be used to prevent a Process Server attending? My reasoning is that (i) any process server is an "agent" of the DCA and (ii) if the DCA itself is barred from attending (as you sent the letter) then surely the process server (their agent) should be barred also.

 

While it may not stop them coming to serve you, it may act as a deterrant. If they DID attend and serve you, maybe you could get the service "thrown out" as they are in breadch of OFT rules. At the very least one may have a valid reason to complain to the OFT.

 

By sending out NO APPOINTMENT letters to all DCAs could one protect onesefl from the possibility of any visits - including from Process Servers? Or an I clutching at straws here?

[42man]

They could serve the demand/petition by registered post or courier....OR if a process server had tried without success, then they could attend the local BR court stand in front of a judge with an affadavit stating that they had made every reasonable attempt to serve it without success, in which case a judge would grant 'substituted' service, which means they can post it out by normal post or advertise it !! - Service of Documents

 

It wouldn't get thrown out just because it was against the OFT's guidelines....

 

You may have a possible case for Tort of Trespass but I don't know a lot about this aspect of the law....

[Stephan56]

Thanks and also for the link to Service of Process explanation.

 

A follow on question, if one never received ACTUAL SERVICE is that grounds, when one finds out a judgement entered in default/other, to move to have it SET ASIDE?

 

The background is that I moved a number of years ago and the ONLY address various DCAs have is the old address. My mail is not forwarded anymore.

 

For all I know they could have served me (last known address) and I would never know.

 

I HAVE been writing to all DCAs on a monthly basis, and making nomnal payments on all accounts, but I just put my name a the top of the letterhead and NOT my current address. The theory being, they should FIND ME if they want to and it is not up to me to give them that information on a plate.

 

Anyway, basic question: If I did not get ACTUAL NOTICE then is that grounds for set aside.

 

JPT

[42man]

I get the feeling you are talking about a County Court Claim as opposed to a Statutory Demand ? A County Court Claim is not served it is just posted, and if you can prove that you were not living at the address when the claim was issued or have other good grounds to set aside, then a judge will set aside - Removal of CCJ's - Step by step guide to the process

[Stephan56]

Thanks. That is helpful.

 

However, I WAS speaking about a statutory demand. For all I know somone could have served a SD at me at my old address, I knew nothign about it, and then they moved to bankruptcy - all without me knowing anyting at all. (I have read on furms where this has happened to others).

 

I appreciate very much the clarification re CCJs, which is useful to know, but any idea re the rules for SD?They sound as if the service process etc and other aspects are different from a CCJ

[42man]

You can check here to see if there are any judgments against you - CCJs, court orders & fines - Search yourself and others - Trust Online

[42man]

If you had been made bankrupt I think you would probably know about it as the Official Receiver and HMRS work closely together, if your name is out there somewhere on a payslip, or insurance policy etc etc...then they will let you know you are bankrupt....you can search here London Gazette Home Page - under your name

[Stephan56]

Thanks for the fast response