Claim form for someone who doesn't live here - But a bit complicated

[annimix]

I'll try to be brief and not ramble.

 

My daughter and her family came to stay with me early last year after selling their family home and were waiting for their new family home.

 

For one reason and another myself and my daughter's long term partner didn't get on,

it ended up much to my embarrassment that he ended up staying elsewhere, his friends, his car, hotels etc. This caused issues between myself and my daughter

 

He was sent a few items of mail from Asset Collections

I called them and explained that he didn't actually live here,

he had for a brief time and had moved on but I didn't have a forwarding address.

They said they would amend their records.

 

A few months later another letter was sent

- I called them again, they apologised and again said they would amend their records.

 

My daughter and her children officially left here in March and it wasn't on the best of terms. I am slowly trying to build my relationship back with her.

 

I don't know why I have done it (probably because I am too nosey for my own good)

but I opened some mail of my son in laws yesterday and it was a CCJ Claim form from the company I have previously told twice that he isn't a resident here.

 

What can I do?

I just cannot tell my daughter - she will be so mad at me.

 

 

Iv done some terrible things over the last 18 months - 2 years and I don't want to lose my daughter again.

 

He doesn't live here and I honestly don't have an address for him and the company had been told he didn't live here what should I do?

I have read that the courts won't believe this?

[fkofilee]

Hi There

 

They are attempting to get a CCJ by Backdoor from an old address.

You need to pass this onto your daughter ASAP. The ramifications could be very serious if not defended.

 

Go get your SIL to come on here and we can help defend any claim.

Trust me on this, this will help bring you back together a lot better... You may have just helped him save his financial future!

[annimix]

Can they do that?

 

They have been told he doesnt live here. Can I not just ring the court and tell them he doesnt live here?

[fkofilee]

Yes they can do that and dont do that... It wont go so well.

Whats the date on the claim form?

 

You are in a unique situation here we you can be the better person! Do the right thing. You need to tell them both that their is a claim form for him. He needs to defend this.

[unclebulgaria67]

Can they do that?

 

They have been told he doesnt live here. Can I not just ring the court and tell them he doesnt live here?

 

As i see it you have 2 choices.

 

1) Contact the court and arrange to send the court claim back to them, so they can note that the court claim was not served on the defendent properly.

 

2) contact your daughter to advise that important court papers have been received for her husband/partner and that they need to be actioned to avoid a CCJ. Advise that the envelope looked important, so you had to see what it was, so any urgent action could be taken. Suggest that her husband/partner register with CAG to obtain advice about how to handle the court claim.

 

Trouble with 1), is that the court don't bother to suspend the court claim due to lack of service and a CCJ is obtained by default. This might mean that you receive more unwelcome communications to your address. Worse a court bailiff might visit your address looking for the person who owes the money.

[annimix]

When you say the court dont bother to suspend the court claim is that what they do or what they might do?

Can I not make a formal complaint to Asset?

[fkofilee]

Yes but itll take its time. Follow our advice and get the your SIL and daughter involved...

[unclebulgaria67]

When you say the court dont bother to suspend the court claim is that what they do or what they might do?

Can I not make a formal complaint to Asset?

 

What you need to understand, is that you have no relationship to the debt or to the court or to Asset. You are purely a third party that lives at an address. A debt relates to a person, not an address.

 

Neither the court or Asset have to react to any phone call or retuned post from a third party. Even just returning the court claim to the court, marked that the person does not live at the address, could end up with a CCJ by default. The court has to believe that the claimant has provided a last known address for the debtor.

 

If you know the address for your daughters husband/partner, you could just put it in another envelope and post it to them, marked urgent, immediate action required. Then you don't have to speak to anyone.

[annimix]

Thanks for your help.

 

I wish I knew their address but I dont. Things got particularly bad.

[fkofilee]

Do you not have a contact number for them?

[annimix]

Yes but last time I tried to call her I think she had blocked my number. I did some pretty crappy stuff

[unclebulgaria67]

So when you boil this situation down, you only have one choice. Given you have no way of contacting them, unless you know any of your daughters friends who can pass on the letter to them.

 

Send the court claim back to the court with a covering letter just saying that the claimant has been told on two occasions that the defendent does not live at the address and will therefore know that the claim will not have been served on them properly.

 

I doubt it will stop a CCJ being obtained, but that is not your problem.

[dx100uk]

what date is top right on the claimform please

[annimix]

what date is top right on the claimform please

 

30th May

[dx100uk]

ok well by the 16th it needs to be acknowledged

if its not

then the CCJ will progress through default and be awared

 

 

you indicate you are wanting to help your daughter as the relationship was strained.

 

 

it would help no end IMHO if you were to ack [aos] the claim?

even if you don't like 'him'

or are they now split up?

[AndyOrch]

ok well by the 16th it needs to be acknowledged

if its not

then the CCJ will progress through default and be awared

 

 

you indicate you are wanting to help your daughter as the relationship was strained.

 

 

it would help no end IMHO if you were to ack [aos] the claim?

even if you don't like 'him'

or are they now split up?

 

You cant act for or complete court claims for another person dx...tantamount to fraud

 

Andy

[annimix]

ok well by the 16th it needs to be acknowledged

if its not

then the CCJ will progress through default and be awared

 

 

you indicate you are wanting to help your daughter as the relationship was strained.

 

 

it would help no end IMHO if you were to ack [aos] the claim?

even if you don't like 'him'

or are they now split up?

 

What would happen going forward if I did this please?

[annimix]

You cant act for or complete court claims for another person dx...tantamount to fraud

 

Andy

 

Oh just seen this hadn't noticed before I replied

[AndyOrch]

Simply return the claim form back to the court and advise that the defendant only ever resided at your address for 2/3/weeks on a temporary basis ..it was never his address or can be considered to be his previous known address..if you know his whereabouts now advise it ..if not state it.

 

Andy