Statutory demand for the payment of debt sent to the wrong address

[Graciescotland]

We have our own business and our former solicitors have sent a statutory demand for the payment of debt to our former registered address, changed nine months ago, in march. We've went beyond the 21 day period specified for resolving it but is it even valid as was sent to the wrong address?

Should I contact them/ court services and explain it was addressed wrongly and wait for them to begin a new petition and then dispute the debt?

A statutory demand is a personal demand against a named individual and as far as I'm aware must be served personally to be effective. However adopting the Ostrich approach to a valid debt isn't going to get you very far.

It's against a registered company, shouldn't it be served at our registered address to be valid? Otherwise we'll be denied a chance to challenge the debt as we're over the time limit.

But you have actually been served.

Don't rush to a message board. Your business could be wound up over this. Seek urgent legal advice (and I don't mean here!).

www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_187711

I wasn't served personally the new tenants ( who have nothing to do with us) signed for it and forwarded it on.

Doesn't matter. You can either ignore it and see your company wound up, or deal with it properly and instruct someone to deal with it for you. Coming on this board won't give you the tools you need, although someone may come on who has more of a clue than me (not hard).

You do need to deal with it though, rather than ignore it - that I do know.

Had you changed the registered address with Companies House at the time the Statutory Demand was served? If not, it was validly served. If so, they haven't validly served as it needed to be left at the company's registered address.

That said, do you really want to carry on ignoring it rather than dealing with it now? Things will become more complicated if the solicitors try to present a winding-up petition against your company. Why don't you simply contact the solicitors concerned, let them know that you have obtained a copy of the Statutory Demand and tell them that it wasn't validly served as it wasn't left at the company's registered address. As least then they will be on notice and shouldn't take further steps against your company until they have served properly