Statutory Demand by post

[Rivendell]

Hi there ! Can anyone tell me if a Statutory Demand is wrongly delivered by signed for post on someone when it is addressed to their partner ? does this count as service under Insolvency Rules ?

 

Likewise would the same apply if it was addressed to children (not minors) and signed for by parents and vice versa ?

 

One argument is that if it is not addressed to you then legally you should not even open it. There is no legal requirement that you should send it back to the sender.

Edited October 8, 2010 by Rivendell

[Rivendell]

The Insolvency Rules states at 6.11(4)

 

(4) If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the [certificate must be authenticated]

either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be [exhibited to the certificate]

 

A signed for letter by post, contains no statement of authority to accept service to comply with the requirements of 6.11(4)

 

 

Edited October 8, 2010 by Rivendell

[MARTIN3030]

Welcome to the site.

You should find more info in the stickied thread on SDs

[Rivendell]

SurfaceAgentX20 said here Sometimes SDs may come through the post to be signed for. The debtor's signature on the receipt retained by the postman may be sufficient evidence of an acknowledgement of receipt whereby postal service in this way proved a reasonably practical way of effecting service. The risk from the creditor's point of view is that the acknowledgement may be signed by someone other than the debtor.

Edited October 8, 2010 by Rivendell

[Rivendell]

Welcome to the site.

You should find more info in the stickied thread on SDs

Thank you

[Rivendell]

With the above in mind, does X20 mean that if the acknowledment is signed by someone other than the debtor, the creditor risks facing and losing an abuse of process argument if a Bankruptcy petition is subsequently served by the creditor (assuming the debtor has not been served with the SD) ?

[MARTIN3030]

Yes it would appear thats the case.