We might be able to work it out.
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Mr smith
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by Mr smith » 04 Jun 2015 17:19
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Any advice would be much appreciated :
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Schedule 12
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by Schedule 12 » 04 Jun 2015 18:02
The judgment creditor has tried to get a charging order on your property, but HM Land registry returned no registered land in your name. Ditto, a bank search, so the creditor wants to know your address and a process server is trying to make contact with you.
If the process server is unable to identify you, or you do not admit your name, then you cannot be guilty of an offence of failing to attend when the order to attend has not been served.
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Mr smith
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by Mr smith » 04 Jun 2015 19:30
Thanks for the information.
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Mr smith
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by Mr smith » 21 Jul 2015 19:09
Looking for some advice again please
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Schedule 12
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by Schedule 12 » 21 Jul 2015 20:21
It says the ordeyr has been served on the person whom it is intended. Someone has been to the address, gave the document to an adult and has made a sworn statement proving he has done so. The court accepts the document has been served (given) to the person whom it was inteneded.
The burden of proof is now with the person whom it is served to prove it was not served (given).
The law is section 7 of the Interpretation Act 1978.