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

bod1467

LBA/LBCCC are essentially the same thing.

LBCCC is what parking companies are (supposed to be) sending out prior to court action.

arcon5

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.

Not sending a lba is unlikely to see the case struck off! At most would see op refused costs in any judgement

Equaliser123

arcon5 wrote: »

Not sending a lba is unlikely to see the case struck off! At most would see op refused costs in any judgement

Absolutely right. Any sanction for non-compliance with a pre-action protocol or taking early legal action would be in costs.

Assuming this is small claims, there are no cost implications anyway.

Computersaysno

vaio wrote: »

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.

How can 'I've been hiding behind an old address on my website for over 12 months' be considered a 'plausible argument'??

So what's to stop 'dodgy dealers' just using any old address and then claiming 'not my address' to get judgements set aside??

How can it be the claimant's responsibility to ensure that the defendant's trading address from the defendant's website and their paperwork is genuine??

arcon5

Computersaysno wrote: »

How can 'I've been hiding behind an old address on my website for over 12 months' be considered a 'plausible argument'??

So what's to stop 'dodgy dealers' just using any old address and then claiming 'not my address' to get judgements set aside??

How can it be the claimant's responsibility to ensure that the defendant's trading address from the defendant's website and their paperwork is genuine??

Not really a great tactic though by a dodgy dealer - since applying to set it aside costs them money and a hearing will then take place - leaving it likely a judgement will once again be made against them.

Whether you agree with it or not, this is how it works. IMO though I think it's the right thing for the courts to do - whether they are hiding or just complacent every defendant deserves the right to defend a claim against them.

What if for example you moved house and your ex-LL issued proceedings against for for damage to the property but issued the claim to the address for which he owns rather than your new address (which he doesn't know) - next thing you know bailiffs have tracked you down and sneaking through an open window. Betting you'd want the right and opportunity to set it aside to defend it !!! Different when the shoes on the other foot.