Court Action ...which address to use???

Computersaysno

I am looking to sue someone [soletrader].

His website [where I found him originally] still gives a business address which I know to be no longer in use.

I think I have his home address.

So here's the question.....

Should I issue court papers to the 'advertised known address' which will mean I will be awarded judgement by default, and then seek to enforce the judgement against him wherever I can find him???

Or is the above strategy likely to be a waste since he may well claim 'never received the papers', which could [if successful] reset the whole process to the start??

In which case I need to confirm his home address and serve them there??

BTW....what's an easy way to find out of someone already has CCJs against them [don't mind paying a small fee].

Computersaysno

Wrt CCJs ...just found it....https://www.trustonline.org.uk

arcon5

Personally I'd just serve it to his home address. Although serving to his business address and applying for judgement by default does sound tempting

vaio

tempting but pretty much guaranteed to end up with the judgement rightly being set aside for non service.

I'd confirm his home address and serve there

ILW

Is it a company or an individual?

vaio

From the OP

Computersaysno wrote: »

I am looking to sue someone [soletrader].......

..................

spacey2012

You will need to serve a correct Letter before action to the same address or your court case will be a very short one.

Computersaysno

vaio wrote: »

tempting but pretty much guaranteed to end up with the judgement rightly being set aside for non service.

Why would it be 'rightly set aside'.....iirc service is deemed to have occurred when posted to 'last known address'...his website gives an address and is the only definite KNOWN address I have for him.

If he chooses to trade from a 'false address' then surely he can't then use that to get a judgement set aside??

Computersaysno

spacey2012 wrote: »

You will need to serve a correct Letter before action to the same address or your court case will be a very short one.

Thanks for that...is that anything like an LBCCC???

wealdroam

Letter Before Action:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

vaio

Computersaysno wrote: »

Why would it be 'rightly set aside'.....iirc service is deemed to have occurred when posted to 'last known address'...his website gives an address and is the only definite KNOWN address I have for him.

If he chooses to trade from a 'false address' then surely he can't then use that to get a judgement set aside??

I think the wording is normally along the lines of "Service is deemed etc unless the contrary is proven".

The courts will (rightly?) take the view that in the interests of justice that any defendant advancing a plausible argument that because of a change of address (or for any other reason) he had no knowledge of the proceedings then any judgement will be set aside to give the defendant chance to defend it.

As you know the address is no longer valid then you'd be silly to use it.

Go with post #4, confirm his actual address and serve there otherwise you could well find you'll be back in the same position six months down the road having spent time & money to get a judgement which then gets set aside on the grounds of non service and you need to start again.