Money Claim Address

[JakeM]

I submitted a money claim against a personal individual.

They admitted the claim, proposed a repayment plan (which they haven’t followed), and now a CCJ has been requested.

The issue I have is that I submitted the claim to their correct home address (which they own). They have been able to login and change this address to that of their employers commercial workplace (that doesn’t even have residential accomodation).

Now, the CCJ will not be tied to their home address.

I’ve been advised by Money claims that I can cancel and reissue the claim, but they can just change their address again to whatever they want. I have no ability to change it back to what it was (and is).

Any advice on how I deal with this?

It seems to be a loophole that favours a defendant.

 

[Gyumri]

You usually get a username and password don't you for your claim it does seem odd if the defendant can simply login and change their address!

There is a small claims contributor on this forum perhaps he will login and give their response.

It would be rather daft if a defendant could simply change their address to Timbuctoo, as it would make life a tad difficult for the bailiffs.

 

[Newchodge]

I submitted a money claim against a personal individual.

They admitted the claim, proposed a repayment plan (which they haven’t followed), and now a CCJ has been requested.

The issue I have is that I submitted the claim to their correct home address (which they own). They have been able to login and change this address to that of their employers commercial workplace (that doesn’t even have residential accomodation).

Now, the CCJ will not be tied to their home address.

I’ve been advised by Money claims that I can cancel and reissue the claim, but they can just change their address again to whatever they want. I have no ability to change it back to what it was (and is).

Any advice on how I deal with this?

It seems to be a loophole that favours a defendant.

I cannot imagine his employer would be impressed to learn they have a CCJ lodged against their address? Is the employer aware? How will they react when bailiffs turn up at their door?

 

[JakeM]

Apparently, at the enforcement stage (if it gets to that), I can let the bailiffs know any address that I believe them to be at - they will not just go to the business address.

However it seems that by doing this, the CCJ will go on the register at the business address, and so won't show up on any personal credit searches they undertake.

 

[Newchodge]

Apparently, at the enforcement stage (if it gets to that), I can let the bailiffs know any address that I believe them to be at - they will not just go to the business address.

However it seems that by doing this, the CCJ will go on the register at the business address, and so won't show up on any personal credit searches they undertake.

Can you not notify the credit agencies of the alternative address?

 

[Mark T Jones]

I cannot imagine his employer would be impressed to learn they have a CCJ lodged against their address? Is the employer aware? How will they react when bailiffs turn up at their door?

This is a valid point.

Start sending agents to the work address, they might re-think

 

[Bob Morgan]

I believe that this has already been addressed in the Civil Procedure Rules. You (or your solicitor) should address this and seek direction with the Clerk of the Court. (Read Section 6 of the 'Rules' beforehand.)

PART 6 – SERVICE OF DOCUMENTS – Civil Procedure Rules – Justice UK

www.justice.gov.uk

 

[Newchodge]

I believe that this has already been addressed in the Civil Procedure Rules. You (or your solicitor) should address this and seek direction with the Clerk of the Court. (Read Section 6 of the 'Rules' beforehand.)

PART 6 – SERVICE OF DOCUMENTS – Civil Procedure Rules – Justice UK

www.justice.gov.uk

That's only about service of the claim form. The claim from has already, successfully, been served.

 

[Bob Morgan]

That's only about service of the claim form. The claim from has already, successfully, been served.

I do believe that there is a procedure for serving the Person irrespective of the Address - Possibly a discussion with the Clerk could still be worthwhile?

 

[smallclaimsassistance]

The Claim Form would have the address you selected both for issue and service. The defendant can change the address from which they can choose to engage, but they cannot retrospectively change the address at which the proceedings were issued and served.

You may need to continue to communicate with them at the address they choose, but any judgement will be ordered at the original address sued.

Dean