Please help re flat deposit

irnbru_2

irnbru wrote:

However, getting a process server to act on the courts behalf might be your only means of serving the documents.

Actually, this post may be all you need.

You're convinced that's her address so another question is :

What happens if the defendat ignores the summons for example writes 'gone away' on it, can I proceed?

You will have to pay to enforce judgement.

The above is based on groking this document.

This enforcement page is worth reading, especially if you paid rent into a bank account.

JennyB

Stick with it EagerLearner! It may just be that you now have to prove to the court that you've done all you can to contact her - I think you only have to serve her at her last known address which is what you have done. You just need to find out what the next step is. The court will have this kind of thing attempted all the time and they'll have procedures for dealing with it. There's always another way - for example if she claims to be oversees then you can apply to the court for permission to serve her via her agent instead I believe. Just follow it through - you'll get there in the end.

By the way, has anyone yet directed you to the Civil Procedure Rules 1998? Part 6 deals with service of documents.

pavlovs_dog

just wanted to advise you to err on the side of caution with regards to the staking out of her property thing - she may well turn around and claim this to be an infringement of her civil rights, and use it against you

irishjohn

I am not sure of the rules in England but I know in N Ireland we can go and look at the electoral register and make hand written notes about the contents. You could visit the Local Council office and ask to see the register for that address. It may help you if you are able to list her name and any others registered at that address. The only drawback is that the register is updated in October every year and any information on it is probably from last October.

She has to be on the register to enable her to open bank accounts and carry out any financial transactions these days.

If you find the council being difficult when you ask to see the register ask them to show you the legislation which states you cannot inspect the electoral register.

barnaby-bear

irishjohn wrote:

The only drawback is that the register is updated in October every year and any information on it is probably from last October.

So if she reregisters this october....

EagerLearner

UPDATE: 11:40 10/10/06

Hi everyone,

Just went to the court and don't feel much better about anything at all.

The lady behind the desk simply said that I should choose 'from the leaflets behind me' as to what to do next. There were around 20 leaflets. I chose 3 after a while, each one relates to different actions we could take - charging order, third party debt order, warrant of execution.

Each one quotes yet more forms to complete and more fees to pay, no assurances each process will work.

I visited the newsagents on the ground floor of the property we used to live at this morning and she has been there recently and told the newsagent she is 'moving soon'.

I think we are stuffed and have wasted the extra £80 on applying for this court process as she's going to get away with it by returning the letters unopened, and on top of that simply moving to a new address. Plus she continues to do business with the letting agent as if none of this is going on.

hjb123

Surely there must be someone to do with the courts process or someone that can help you and advise you what to do - especially when the woman is still dealing with the letting company.

Maybe the action could be changed to go against the letting company?

You must be so annoyed and frustrated with the whole situation by now - I know I would be - would have totally lost it by now!

Edna_Bucket_2

Sorry if I've missed something already said in the last 10 pages, but are you pursuing the letting agent as well, which might help with this disappearing scumbag problem you have?

We were just about to issue SCC papers on our former landlord and I would have named her and the agency in the papers jointly. After all the original cheque was payable to them not her and they drafted the lease. my thought was that it would concentrate their tiny minds a bit more than the bull they had been feeding us with till then.

EagerLearner

Thanks guys - yes we included the letting agent on the original claim, but they responded pretty much instantly saying it's nothing to do with them and that they deny cll charges.

If I contact the local paper, I am sure the letting agent will still say it's not their fault, and they have to continue to do business with her as she has other properties with them?

liz545

EagerLearner wrote:

UPDATE: 11:40 10/10/06

Hi everyone,

Just went to the court and don't feel much better about anything at all.

The lady behind the desk simply said that I should choose 'from the leaflets behind me' as to what to do next. There were around 20 leaflets. I chose 3 after a while, each one relates to different actions we could take - charging order, third party debt order, warrant of execution.

Each one quotes yet more forms to complete and more fees to pay, no assurances each process will work.

I visited the newsagents on the ground floor of the property we used to live at this morning and she has been there recently and told the newsagent she is 'moving soon'.

I think we are stuffed and have wasted the extra £80 on applying for this court process as she's going to get away with it by returning the letters unopened, and on top of that simply moving to a new address. Plus she continues to do business with the letting agent as if none of this is going on.

That's really frustrating, and it bugs me so much that the court staff think that having leaflets exempts them from providing any kind of assistance. Have you tried calling Shelter? I would also try again with the court - maybe on the phone to save you the legwork - if you get no joy from your local court you could try HMCS on 020 7189 2000 - they're supposed to help with procedural issues like this. Don't give up yet, if she's still doing business with the EA then she's still within reach, even if it means serving her when she's at the EA! Any chance you could get the newsagent to give you a call when she's in next, or serve her himself? But I can understand the reluctance to spend more - there comes a point when you wonder if you're throwing good money after bad. I so want this to work out for you - if only there was a local MSE'r who lived near her address and could get a photo of her leaving her home!