N39 Back To Court

[cassa333]

Tasked a company to serve N39 on my debtors and they failed :-(

So took the papers back to court with an affidavit from them to say they tried but got no joy. So hoping they will allow postal service.

However the debtors are saying they don't recognise the case number and they are paying as instructed by the court back in Sept. I then reminded them I have two CCJs against them and they are only paying one at the moment.

I would prefer to get it sent to the high court but will play the long game and see how far I can get with this N39. At least that way I will have enough information to decide if it is worth pursuing them harder or not.

[Zacs-Master]

Have you thought about getting some professional advice?

[cassa333]

Yes I have but they aren't really interested as it isn't that complicated (for them lol).

It does seem simple really it's just that I am a worry wort so ask endless questions all the same but slightly different.

[Zacs-Master]

Oh, right.

[shoota]

There's a question?

[Zacs-Master]

I asked one.

[EDDIE51]

If the bailiff or who ever could not serve it how will the post do it?
All they have to do is refuse to sign for it and the post office has to return it to you. Or they sign under a false name , Mickey Mouse for example and then say they never saw it.

[Zacs-Master]

That’s why it has to be served by hand by the claimant or a process server (which I suspect is who cassa is referring to with the ‘tasked a company’ comment.

[Zacs-Master]

)

[jadyn]

Interesting post. To be honest, the final paragraph made by the OP sounds more like a statement of intended activity rather tha a typical question on AB. What exactly are you after cassa333?

Take heed of the problem with postal activity as mentioned by EDDIE51.

[cassa333]

Sorry my posts on this are usually rather fickle because I don't really know what will happen so panic and worry. My worry questions amount to, am I doing it right, will it go right and what will go wrong. I just forget to make them questions ;-(

In the case of debtors not accepting papers the court will allow postal through the door only after they have refused acceptance. I don't know if posting has to be recorded or not or even if the court sends it or I have to. I'll know in about a week as the judge will decide.

I'm just having a case of the vapours lol

[Zacs-Master]

Who gave you the advice that serving the N39 via the post is acceptable? From what I can find out it isn’t.

‘if you, or the county court bailiff, are unable to serve the form on the judgment debtor, then the court will have to set a new date for the questions’

https://www3.halton.gov.uk/Pages/business/TradingStandards/pdfs/7court-enforcement.pdf

[cassa333]

I did think it had to be hand delivered. That was why I got the serving company to try. But surely there comes a point though when you can't knock on the door anymore. How many times do you do it before you admit it isn't going to work.

The only reason I got the impression it could be served by post was because the man said (from the servicing company) in his affidavit that the debtors did not answer the door or make themselves available for any of the date/times suggested even though windows were open and recommended postal!!

[EDDIE51]

^ If they are intentionally being that hard to contact I just can't see how a post man/woman is going to have any luck.Do they even have a letter box to post it through or have they had it boarded up?
Sorry but I think you are just throwing away more money trying to catch them. Even if you get a high court order a sheriff can not force entry to a private residence as they can to a commercial premises.
(or so I hear on the TV show 'The Sheriff's are coming')