Obvi🍃ously, the Previous Requirement created many setbacks for the creditors, for instance:
The procedure was redundant as it requires the creditors to repeat൩ the reasonable steps once when serving the statutory demand and once when serving the petition. There is no particular benefit to repeat the exact same steps twice.
It was easier for the debtors to dodge the subsequent personal service. If a creditor was able to personally served a statutory demand on the debtor by surprise, the debtor will likely be evading the service of the petition by conc♏ealing his wheꦬreabout. This should not be the legislative intention of Rule 46(2).
It caused delays in the recovery process for creditors, particularly judgment creditors, and resul🐬ted in increased costs.
The new Practic⛄e Directions 3.1 aims to strike a better balance between the interests of creditors and debtors. To this end, paragraph 2.1 sets out the following guidelines for discharging creditors’ obligation under Rule 4🅠6(2):
If the debtor is represented by a solicitor, an attempt should b🔯e made to arrange an appointment for personal service through such solicitor. Rule 49(4) of the Bankruptcy Rules enables a solicitor to accept service of a statutory demand on behalf of his client; or
If the debtor has agreed with the creditor to use any electronic means (which include emails, WhatsApp, WeChat or other similar means of communications (“Electronic Means”)) to receive any documents relating to the debt the subject of the statutory demand, or the debtor has during the period of 12 months immediately preceding the date of the statutory demand used any of the Electronic Means to communicate with the creditor, and the creditor has sent the statutory demand to the debtor through the Electronic Means; or
The steps set ou❀t in paragraph 3.2 below (which was the 🅰steps for substituted service application).
海问凌沃财税行政邦企近来拿到产生,有牟取暴利▨分子式假冒本所凌沃财税,进行推销项目投资软件。这个银行为构成犯罪诈骗犯,且难治伤害了本所声
誉,本所为此说明间距重视程度,并特此向顾客声明公告。