process servers

[spidersil]

I have just avoided a bankruptcy petition, but have been charged huge costs. I paid the debt.

I was not served the SD by hand or the BP by hand and the process server applied to the court to have them served.

I know it is probably too late to do anything, but when I read the process servers statements of truth, they were full of lies.

I assume that this is fraud but is there any point in complaining about it now.

And if this happens to anybody in future, what action should they take

[BRIGADIER2JCS]

Hi welcome to CAG.

 

If you have proof the PS lied report it to the court.

[ploddertom]

I'll move this to Legal Issues as someone there may be able to help.

[steampowered]

Hi, we need more information to give reasonable advice please. How were the costs decided - were they assessed at the summary? Were you served with a schedule of costs and if so did you object to it? Was there a hearing and if so did you object to the witness statement?

[spidersil]

When I asked the solicitors for a break down of the costs this is what they said "As we did not provide a service to you you will not receive an invoice from this firm. If we raised an invoice addressed to you this would potentially constitute VAT fraud

There was no hearing because I paid up before my BP went to court.

The server told lots of lies but proving them is a different matter.

However neighbors say they didnt say what he claims and some say they never spoke to him at all.

When the server left " a letter of appointment " there was only a PO box address and a mobile number to contact him. I dont think this is enough information

[steampowered]

If you never received an invoice and this never reached a court hearing, what do you mean when you say you have been "charged huge costs"? We need more background information really it is difficult to say much based on isolated bits of info.

[spidersil]

the situation is very complicated, and I dont want to give to much away to the other parties as I have heard that they snoop on this site.

Another person who has been made bankrupt is also involved and the same process server has told lies regarding the service of his SD and BP.

Solicitors for me have "lost " emails and solicitors against me have made untrue statements on affidavits

As far as the "costs" is concerned out of £3500 about £1500 has been accounted for the other £2000 is just labeled costs .

[edjama]

Hi,

You really need explain more if you want help. How has the process server lied? All they have to do is have enough info to suggest you live at the address and would recieve a letter. They don't have to identify themselve to neighbour when checking if you still live at address so could it be possible that your neighbours don't even know they spoke to them. Or maybe your neighbour isn't being truthful, worrying about the consequences from you for them telling process server you live there?

As for the solicitors. They might not be able provide an invoice but they could still send a breakdown of fees. Tell them you require the breakdown and ask them to send it titled "This is for information purposes, Not a Vat invoice"

[spidersil]

something else I would like to know Is a note pushed through the door with only a mobile phone number and a post office box number as an address a legal letter of appointment?

[BRIGADIER2JCS]

No certainly not.

[spidersil]

thanks for the reply Brigadier. That was the way the process server gave me my letter of appointment, and it was this letter of appointment he stated he gave me, in his statement of truth, when he applied to the court for substituted service.

[BRIGADIER2JCS]

Then you are correct the process server has lied, this kind of thing happens becuase they think people will not know how the process shoild properly proceed.

[steampowered]

If you want us to help you challenge this afraid we are going to need more info. I don't understand whether this is just them asking for costs, or whether the costs were summarily assessed by the court at the hearing, or whether the court awarded them costs to be assessed if not agreed, or what. If you don't want to post that info on a public forum best to see if you can get help from the CAB or a law centre.

[spidersil]

Is the information or legislation about how a letter of appointment should be written and delivered available for me to read