capquest

[arden]

I have received a letter from H L Legal acting on behalf of capquest that in dec 08 a Statutory Demand for bankruptcy under section 268(1) a of the insolvency Act was sent to me. It states that no satisfactory response has been received and that I have not applied to the court to set aside the demand.

This is an old debt dating back 7-8 years which I have not paid since mid 08 due to health problems.

This letter has never been received (would I have had to sign for it?)

I can prove I never received the letter, as I was out of the country until Jan 09.

I really would appreciate some advice on just how serious to take this.

[factor-fiction]

Did you advise your creditors that you were at a different address out of the country?
You need to look at what the legal status of such a demand and whetehr the sender needs proof you received it or whether it's enough just to post it
http://www.insolvency.gov.uk/pdfs/forms/form6- 1.pdf
Look at the Civil procedure Rules. Here's an extract:
Under the Civil Procedure Rules and the Insolvency Rules 1986, "substituted service" is acceptable as long as the conditions that would permit "substituted service" of the BR petition itself are met.

"PRACTICE DIRECTION � INSOLVENCY PROCEEDINGS

11.1 The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected. Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or by insertion through a letter box.

[arden]

Thank you factor30. I was only out of the country for a couple of weeks.