Director Loan - Debt Recovery?

[MaryPoppins]

You might want to consider using a court bailiff to serve (approx 9 quid when they eventually do it) or a process server (generally about 100 quid). Process servers are pretty at tracking people down (but it bumps the costs up).

The advantage of using the court bailiff or a process server is that it is generally more difficult to challenge service than if a mate does it. In any event if the server swears an affidavit at the local court it is free (or at least was when I did it a few weeks ago). Alternatively swearing at a solicitors or commissioner incurs a charge - normally I think 7 quid).

Unless there is any documentation to the contrary the loan is - I believe - repayable on demand.

Okey doke, will look into that too. There is a small chance I might now be able to track him, as a friend has just offered his services via a system he has access to. Either way, I will look at serving a judgement, if only to his old address.

[Paddy]

I believe you can even serve him via Facebook or other online medium if he is on it. Someone did it recently I seem to remember.

Yes and no. In MPs case it is very important to do it without any doubt. I will lookup the relevant law.

[MaryPoppins]

Yes and no. In MPs case it is very important to do it without any doubt. I will lookup the relevant law.

Ta. Do appreciate all this feedback people, it's been such a worry and friends and family understand very little (although I haven't told them much in reality).

He no longer has a Facebook account, he initially blocked me and all our mutual friends, but is now longer on there.

[northernladuk]

Yes and no. In MPs case it is very important to do it without any doubt. I will lookup the relevant law.

Hmm ok maybe I should have done some research first. It was in Australia...

BBC News Linky

[ASB]

Yes and no. In MPs case it is very important to do it without any doubt. I will lookup the relevant law.

Part 6 of the civil procedure rules ?

Physical sworn service to the last known address is usually enough to give irrebutable presumption of service. When done correctly even if it can be proved it was not received this is not enough to allow the defendant to rebut service. There is strong case law in this area.

[MaryPoppins]

Hmm ok maybe I should have done some research first. It was in Australia...

BBC News Linky

Come on, get with it...

[MaryPoppins]

Part 6 of the civil procedure rules ?

Physical sworn service to the last known address is usually enough to give irrebutable presumption of service. When done correctly even if it can be proved it was not received this is not enough to allow the defendant to rebut service. There is strong case law in this area.

Blimey.

[TheFaQQer]

I believe you can even serve him via Facebook or other online medium if he is on it. Someone did it recently I seem to remember.

Yes - he was served on twitter.

Linky and here.

[ASB]

Blimey.

Hopefully Paddy can confirm whether I've got the right bit. This is my recollection. I could be wrong....

Question is to a certain extent whether you want to spend the money now to try and protect yourself (n.b. the company can pay it, it is the company chasing not you and that could well affect things).

[Paddy]

Yes - he was served on twitter.

Linky and here.

That was a High Court Injunction, not a summons for debt. because of the urgent nature of injunctions they can also be faxed or even given over the telephone. The last injuction I served was by fax but I followed up with a visit and a video as proof.