Service on Clubs, Trusts and Charities – A Note of Caution

Image: Amanda Marie/gdtography/Unsplash
Image: Amanda Marie/gdtography/Unsplash

The rules for service of bills, reminders and summons leading to liability order proceedings are set out in Regulation 13 of the NDR (Collection and Enforcements) (Local Lists) Regulations 1989:

(2) A summons issued under regulation 12(2) may be served on a person–

(a) by delivering it to him,

(b) by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office,

(c) by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office,

(d) where all or part of the sum to which it relates is payable with respect to a hereditament which is a place of business of the person, by leaving it at, or by sending it by post to him at, the place of business, or

(e) by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.


Many organisations such as working men’s clubs, charities and trusts are not limited companies, but rather, are unincorporated associations. This may have implications in relation to service under regulation 13, particularly if the hereditament in question is not occupied by them, and therefore a service cannot be effected in accordance with 13(2)(d).

Regulation 13(2)(c) states that it may be posted to the registered office “in the case of a company”, but this will not apply to unincorporated associations.

This may leave the door open to such organisations to challenge liability orders on the grounds of service, unless service can be brought within one of the other regulations.

It is suggested therefore that documentation will have to be served on a trustee or a committee member of the organisation at his or her usual or last place of abode. If this is not openly available, then the council may be left with no option but to trace that individual and service arranged accordingly.

Of course we accept that in the vast majority of cases the property is likely to be occupied, and so service can be effected by posting it to the hereditament.

However in a recent case in which we were pursuing a charity for unpaid rates where relief was not granted, the charity was successful in having the liability order set aside even though they had given their registered address on the charities commission website, this did not satisfy the requirements of regulation 13(2)(c).

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Wigan WN3 6PR

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We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business

We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business. We have designed our pilot projects to give lenders and creditors the comfort and confidence in our service before formally and fully switching recoveries providers. This time also allows new clients to benchmark our service levers and results against existing providers and others.

How it works


You choose 10 recoveries cases

You choose 10 recoveries cases to get us started. We’ll deliver our usual onboarding protocol where we’ll get to know you and your systems, culture, methods, preferences, and requirements.


We get started

We assess each case by setting a strategy then grading and reporting on the case in terms of prospects and timescales and cost. We make immediate contact with debtors, and pursue a recovery in our tried and tested ways.


We review

We deliver ongoing, structured, tailored reports as per your needs and carry out a full 3-month review on these 20 cases. There we’ll discuss how we have worked together, patterns we have seen in your borrowers, your systems, your documents, your pre-legal conduct, outcomes, highs and lows, legal costs (and costs borne by debtors), and possible improvements in all of these.


No strings

We carry on working in this way until all cases have been concluded. You are then free to carry on your discussions with us or to use the experience and market intelligence gained by working with us in the future.

Lenders and creditors have nothing to lose, and everything to gain, by engaging with us on a pilot project.