chasing builder who had moved

[Andh040271]

Hi,

 

A builder/gardener did a job for us early 2013. The workmanship and meteials used was very poor.

 

A job that was supposed to take 14-16 days took 2.5 months and still not finished before he walk off the job.

 

After a few letters, etc we threatened to take him to the small claims court. He said he had replied to my last letter and should get it after a few days. After not receiving anything in the post, i emailed him and found that he had closed both his emails account down, changed his mobile number.

 

Went to his address and found he had moved.

 

I had tracked him down to another address but i am not 100% sure he is living there eventhough it showed in the electoral register that he is there.

 

Is this enough for me to send the court summons to this address?

 

I had read on the internet that i do not have to know for certain that he is living there, as long as i have "reasonable belief" he is there.

 

Is this correct? would be grateful to hear from people who had experience of this or anyone who know where i stand legally?

 

Thanks.

[honeybee13]

Hello and welcome to CAG.

 

The forum regulars should be along over the course of the day, weekends are always a bit quieter here.

 

My best, HB

[renegadeimp]

You ideally need to see him there. But if you have proof via official means ( electoral roll etc) then technically you could serve documents on him there. Before you do that, you would have to research set aside applications and ensure he has no way out.

[unclebulgaria67]

Why is this post in the overseas section ? Is the builder now abroad ?

[AndyOrch]

Last known address is accepted as good service.

 

 

Regards

 

Andy

 

PS Welcome to CAG

 

 

Thread moved to General Legal Issues

[steampowered]

Even once you have a judgment, the problem will come when you actually try to enforce it.

 

A CCJ would go on his credit record if not paid in 28 days which I guess is a pretty incentive to pay. But beyond that it is difficult, you can't send bailiffs round if he doesn't live there.

[Andh040271]

No. he had not moved.

 

Sorry am new here, so not sure what i am doing but think the thread had been move now.

[AndyOrch]

See my post #5

[Andh040271]

Hi,

 

I had done more digging, been to town hall to look at the electoral register. It does show him at this new address. The thing is i don't think he is there.

 

His old lanlord from an definite address he was at (the builder did a runner on him too and owes him £800) say he had move to Morecombe, Lancs. about 4 months ago. He is not on the electoral register at this address. So according to the electoral register he is at the "false" address whilst living at this other address we know he was definitely at.

 

He had not set his privacy setting on Facebook. i can see his updates. He had not mentioned he is in Morecombe, but from some of the updates he had posted, it does look like he is there. Things like location, what he can see out of the window, where he spent Christmas, etc.

 

So what happens if i play ignorance and still sent the summons to his "false" address. Proceeds to court and the decision is awarded in my favour. So he will get another CCJ, he will not know this as any paperwork will be sent to the false address.

 

What happens if i sell this debt to one of those companies, then they can track him down - i am sure they will have better methods of tracking a debtor than i do.

 

i know about this set-aside thing, but what will happens if i had sold the debt and it belongs to a company.

 

What other way do i have/or what else i can do to let him know that i am proceeding to court without his address? i think there is something about posting it in a local newspaper where he lives?

 

Is it possible to let him know through Facebook, friends, family, texts that i am proceeding with this and he needs to provide me with his address - is this enough for the courts to see i had tried to get his address.

 

Also if i put the summons in an envelope with recoreded postage already paid. Put this in another envelope, sent it to his parents recoreded delivery with a note to forward it to him, but not saying what it is, is that enough?

 

I know it is up to them if they forward it to him or not but is this enough for the courts that i had tried to sent him the summons.

 

Thanks

[mjt2013]

Why not put all of the potential addresses on the claim form and send the pleadings to each? Seems the safest method.

[AndyOrch]

Why not put all of the potential addresses on the claim form and send the pleadings to each? Seems the safest method.

 

You can only use one address...on MCOL you can only enter one Postcode.

[steampowered]

I don't think you would be able to sell this debt. You'll have no problems getting a CCJ using the last known residential address. It will go on his credit record if nto paid in 28 days, but it sounds like his credit record is already ruined anyway, and if you don't know where he is you have no way to enforce the judgment.

[mjt2013]

You can only use one address...on MCOL you can only enter one Postcode.

 

Really? That's a bit rubbish then!

 

In that case the OP is probably best off reading Part 6 of the CPR on service of claim forms and making the best judgment call in light of the relevant Rules. I wouldn't advocate trying to be clever, just honestly do your best to comply with the Rules.

[Andh040271]

Really? That's a bit rubbish then!

 

In that case the OP is probably best off reading Part 6 of the CPR on service of claim forms and making the best judgment call in light of the relevant Rules. I wouldn't advocate trying to be clever, just honestly do your best to comply with the Rules.

 

hi,

 

what is part 6 pf the CPR on service of claim forms and wher ecan i go to look it up?

 

Thanks.

[Ganymede]

hi,

 

what is part 6 pf the CPR on service of claim forms and wher ecan i go to look it up?

 

Thanks.

 

 

 

You could Google it but I've saved you the bother...

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

 

I would send the Claim Form to the address where the builder is on the electoral roll. Either that or you could pay a tracing agent £50.00 to locate him but they might just come back with the same address.

[Andh040271]

You could Google it but I've saved you the bother...

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

 

I would send the Claim Form to the address where the builder is on the electoral roll. Either that or you could pay a tracing agent £50.00 to locate him but they might just come back with the same address.

 

Thanks for that. I had already used a tracing agent and you're right, they did come back with the address i know he is not at (the one in the electrol register).

 

With regards to to CPR - the section which i am interested in looks to be 6.9, which seem to say that if i had done all i can to find his address which i believe is correct then i can serve the summons there or "is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

 

(i) an alternative place where;" i was thinking sending it to his parents.

 

 

Does anyone know what happens in the procedure next if i do sent the summons to the "false address" which he will obviously not get?

 

Do i have to prepare as normal with edvidence, etc to go to court?

What happens if the court does not get a reply from him?

Will the decision be awared to me in my favour if he does not respond/turn up to court?

 

Thanks.

[mjt2013]

If there's no response to the claim you can apply for default judgment which is entered by the court staff without a hearing and can be enforced like any other judgment. However be aware that when you come to enforce the judgment that may well be when the Defendant applies to set it aside.

 

I think you need to just decide whether to proceed with the claim, and in all likelihood find that an application to set aside is made before you get any money, or not. I don't really think there's anything else you can do to try and prevent an application to set the judgment aside.

[reallymadwoman]

And beware of getting so caught up in trying to trace this person that you forget the bottom line - can he pay if you get judgement? If he can't, you're just throwing good money after bad.

[Andh040271]

Thanks to all for the advice.

 

Guess that if i do get awarded the case we can always do that thing where money is taken out monthly of his wages. I know thre is no way he can pay in one lump sum. Think he may be working now, ome of his updates in Facebook was he had a second interview with Honda.

 

As long as we get something back, even half i am happy with. Its more of the principle of the thing, it's not that he just did a bad job, all the lies and then make it out we were the bad guys, threatening to go to court if we want to, then ran away.

 

Is there a time limit where he can do this set aside thing?

 

Thanks.

[Ganymede]

Is there a time limit where he can do this set aside thing?

 

 

 

 

No time limit as such. The application to set aside just needs to be made "promptly" and the Judge will decide this.