Help Needed Finding The Right Court Form

[cassa333]

Hi,

The debtors in my case did not accept the court paperwork and I asked the court to be able to send them via posting through the letterbox but they have said to make a formal application to the court to request "service via posting through the letter box" but I don't know what form that is.

For some reason they have sent me a form for me to request help in paying the fee. N244

Thanks

[Barmaid]

Cassa, what do you mean they did not accept? And what did you send them?

[Peter Pedant]

Oh, I would like to hear chapty and verse please barmaid
Quite a few of my neighbours just chuck the documents away and aver (!) they have never received them

If I have to serve documents I usually do it myself which yes involves hanging around bus stops and hiding behind dustbins .....

and yes s/o alleged I was harassing them and the Police obligingly gave me a PIN

[Buenchico]

For Barmaid and PP:
https://www.theanswerbank.co.uk/Law/Question1579168.html

The question relates to CPR 71.3 (1), which states "An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing".

Cassa has repeatedly tried to serve the court order 'personally, but without success, and is now seeking advice on getting the court to permit service by post. As far as I can tell, this is one of those situations where there's no specific form available, meaning that Cassa should make the request to the court via a formal letter.

Is that correct?

[cassa333]

Spot on Chris.

The letter from the court says:
You will need to put your request for a new hearing date for an order to attend court in writing, and you will need to make a formal application to the court to request "service via posting through the letterbox", there will be a court fee of £100 for this application.
That is the body of the letter in its entirety so not sure if it needs one letter and a form or two letters or just one letter for both parts!!

[Barmaid]

Thanks Chris, good of you to help out - but realistically I (and perhaps other posters) dont really have the time to look up previous posts or indeed read long posts. So it would be helpful if the OP gave further details.

This is getting beyond general advice and getting into specifics. This topic is not really a DIY legal guide and I'd be very concerned if it were used as such. I attempt to stay away from specific stuff.

Cassa, you are in the situation where you need to either a) personally serve or b) make an application for alternative service. The rules concerning the latter are set out in CPR part 6. I suggest you seek legal advice if you cant do it yourself.

[EDDIE51]

Still can not understand what happens when the just say they have not recieved any paper work or simply board up the letter box so it is impossible to post anything through it, as I am sure they will, or even more likely just do nothing and when push comes to shove deny ever hearing from you.
Sorry I hate to say it, but I do not see how you are ever going to get any cash off this lot. They seem way ahead of you and I am certain they have done this before and got away with it. I think you will just lose another £100 if you go ahead.

[Barmaid]

Eddie, its all to do with service and certain things require personal service - ie handed to the debtor. This is why an application for alternative service may be necessary.

[EDDIE51]

Barmaid , she has already tried alternative service by using a firm of professional process servers. They were unsuccessful and had to admit defeat, they could not even get anyone to answer the door or find any evidence that there was anyone in the house. Check the profile.

[Barmaid]

Eddie, I dont have time to "check the profile" mainly because I work a 12 hour day dealing with people who pay me. Consequently, it is good if an OP puts all their stuff in one question because, damn me, I ain't going looking.

Cassa, Eddie can advise.

[Buenchico]

I looked at CPR Part 6 but that states "This Part applies to the service of documents, except where . . . another Part, any other enactment or a practice direction makes different provision", which would seem to suggest that CPR 71.3(1) takes priority.

[Peter Pedant]

thx all
it looks as tho my lairking behind dustbins was required - I always thought she was getting one on me

-

[Peter Pedant]

// the just say they have not recieved any paper work or simply board up the letter box // ed
Newton heath is full of hookers doing this
CCJs are still awarded and enforced
( lots of dustbins around )

The well-coiffed leddy ( hooker) who told her boyfriend ( drug dealer ) that her policy is never to accept or answer anything - has just gone under in the sum of £30 000. I heard because the dog walker is a tenant. Clearly something got thro at the end.
we dont watch soaps we just look out of the window

[cassa333]

Just got an email from the court telling me to fill in form N245.

It is the wrong form.

[ummmm]

Have you thought about actually seeing a professional?

[cassa333]

Sort of.

DIY is cheaper as I am unlikely to get much of a return. In all honesty it is about making them accountable. So a bit of stress will be worth it in the end. Lol

[cassa333]

They emailed N245. Wrong form.

Have filled out N244 and about to go to the court to drop it off asking for a re-issue of the order to attend court for questioning with service via posting through the letter box.

[EDDIE51]

Then what happens when they just do nothing , or as I have said the letterbox is boarded up making it impossible to post anything ? I am sure they are well up to speed on court procedure and will just refuse to acknowledge haveing got any papers.
Another Idea, why not tie the papers to a brick and throw it through the window ! at least they will be forced to pick it up and look at it ;-)

[cassa333]

If the court allows posting via the letterbox it is deemed served. If they do not turn up a warrant is issued for their arrest.