Taking someone to Small Claim Court, but they've changed the address

[BartJr]

Hi all,

I've got this little situation here, where I'm forced to take someone to the small claim court. I've got their current address (which has been confirmed), but I think they are planning to move out asap from there. What can I do in this situation? Will Court be able to find their new address?

 

[Dnallov]

If they are moving abroad you would have trouble

Assuming they are staying within the UK, they could make it hard for the court to find them, but this would only make their own life difficult.

Get the files to court as soon as you can (i.e. while they are living at their current address), as you will need the name and full address of the defendant including postcode in order to make your Claim. The documents will be served by 1st Class mail, but if the address is incorrect the defendant can say that he didn't the documents and the case could be thrown out on that basis.

Keep tabs on them; if you do learn that they have moved address let the Court know ASAP.

In any case; the chances are that the defendant will just ignore the letters, and not attend the court at all. They will only knit pick once they find out you are actually bothering to pursue the money; so if the judge rules in your favour, don’t bother waiting for the defendant to pay you (they won’t), just contact the high court enforcers the same day; the sooner they are on his/ her door step the less likely they are able to knit pick the details and have the case put to one side.

This is advice I give as someone who has been through the process 5 times (taking someone to the small claim court), not an expert!

 

[Lovetts Solicitors]

The civil procedure rules only require a claim to be served at the last known address so procedurally you will be fine to proceed. Even if the debtor moves, a good trace agent should be able to locate them at their new address on a no trace, no fee basis. However, the difficulty could be in relation to enforcement and careful consideration should be given as to whether the debtor will have any assets that will ensure you can collect your debt. As with most debt collection, acting as quickly as possible will be key. We hope that helps.

 

[The Sheriffs Office]

If you PM me their details I'll happily do a trace for you on our system.

 

[BartJr]

Thank you guys,

A quick update to this case.

I've sent out the pre court action letter (as it's legally required). It has arrived to the defendant today. 14 days that person has got to respond.

I'm concern that she might move out within this timescale as she is desperately trying to sell her current furniture, stating in the ads that she is moving houses.

My question is, after 14 days has passed, should I issue a small claim on the address I've sent a letter, or wait few months and trace her new address down?

 

[ethical PR]

I think you send to the last know address. No point wasting time waiting for months.

If you're in doubt give the court a call?

 

[Lovetts Solicitors]

If you haven't already, it might be worth putting the onus on them by asking them to inform you of any change of address. If they do not inform you of any change of address then they can have no complaints should you issue proceedings at their last known address.

 

[The Byre]

If you haven't already, it might be worth putting the onus on them by asking them to inform you of any change of address. If they do not inform you of any change of address then they can have no complaints should you issue proceedings at their last known address.

This!

Though I doubt you have to remind her of her responsibility to keep her creditors updated with her current address. Moving house and not telling your creditors where you’ve gone is debt avoidance and is one of the really, really stupid things some really stupid people do.

 

[BartJr]

This!

Though I doubt you have to remind her of her responsibility to keep her creditors updated with her current address. Moving house and not telling your creditors where you’ve gone is debt avoidance and is one of the really, really stupid things some really stupid people do.

I will issue a small claim court on the address I've sent pre action letter. If court tells me that they cannot find that person, I will wait couple of weeks, get company to trace her down and point court there.

It's no longer about money, It came to my attention that this person has ripped off numerous amount of people, therefore it's not surprise that this person is trying to run away from everything. Unfortunately, ignoring cases like this, is the worst thing you can actually do.

 

[mame100uk]

Hi, I am in a similar position. I tradesperson started a job and didn't complete. I need to send a breach of contract letter to him but he's since moved and his family aren't staying where he's gone. Citizen advice said they can't do much without an address. Any help would be much appreciated

 

[IanSuth]

Go into a tradesmans pub local and ask if anyone knows where he lives - might work, depends on how you come across and whether he left any other trades/contacts in the lurch

 

[Michael Loveridge]

How much is the value of the claim? Is the claim against an individual or a limited company?

 

[mame100uk]

It's for

How much is the value of the claim? Is the claim against an individual or a limited company?

£1386. He has a limited company. His limited company is registered at the address I have but his family said he hasn't lived there for months.

 

[Newchodge]

It's for

£1386. He has a limited company. His limited company is registered at the address I have but his family said he hasn't lived there for months.

Michael's question was whether the claim was against an individual or a limited company. Did you contract with a limited company or an individual? Was the correspondence/quote on limited company paper?

 

[Michael Loveridge]

Yes, as Cyndy says, it's crucial to know who your claim is against. If it's against the company then all court proceedings can be legally served at its registered office, even if there's nobody there.

But if the claim is against a company you need to check the company's financial position, as many rogue traders set up limited companies to hide behind. Such companies have no assets, and making a claim against them is just throwing good money after bad.