Contract dispute - want to start small claims but I know the address is wrong

Lily091213

I hired a sole trader, on recommendation, to do some work for me. All went well, we both signed a contract which clearly listed all the work and the dates it would be done, and the invoice was itemised. I paid by bank transfer a week before the job was due to start. I have copies of all of these documents.

The end result was that he didn't turn up on the agreed date, and I haven't been able to contact him since. Emails go unanswered, the phone rings and rings to voicemail which never get returned. Facebook messages and wall posts get ignored (although I can see he's read them). Proper letters got ignored, until a few days ago, when I received one of my letters back with biro writing on to say "addressee gone away". I have no proof if that's true or not. The address is too far away for me to just pop over.

I don't really know where to turn now. The next step would probably be Small Claims, and clearly, I reckon I'd win, but without an address, it can't go ahead, can it? Is he just being clever and writing that on the letter himself to avoid court action?

Can I issue court proceedings against his last known address or does he absolutely have to still be living there?

cono1717

Is the address different to that on companies house? (If he is even registered)

Lily091213

It's a sole trader, so not registered, but it's the address on his invoice and the contract. My only concern is if he legitimately doesn't live there anymore, I don't know how to proceed with anything.

LilElvis

Does the person who recommended him to you have any more information on him?

Lily091213

He only has the address he used, which is the same one I have. I have all of his contact details (phone, email, Facebook, postal address etc) which I can supply to the court, and I am suspicious that he's written gone away on the letter himself, but if he has genuinely left, am I screwed?

agrinnall

You're overthinking this in my view, the guidance says (my bolding):

if the defendant is an individual the claim must be served to their usual or last known residential address
• if the defendant is an individual using a trading alias then the claim may be served to their usual or last known residential address or their place of business

You have that last known address so use it.

SpaceisthePlace

You're overthinking this in my view, the guidance says (my bolding):

if the defendant is an individual the claim must be served to their usual or last known residential address
• if the defendant is an individual using a trading alias then the claim may be served to their usual or last known residential address or their place of business

Hi agrinnall, I'm having a similar problem to the OP, can you tell me what guidance this is and do you have a link to it please?

naedanger

SpaceisthePlace wrote: »

Hi agrinnall, I'm having a similar problem to the OP, can you tell me what guidance this is and do you have a link to it please?

Worth a read:

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

"A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address."

SpaceisthePlace

"A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address."

That's great, thanks.

agrinnall

SpaceisthePlace wrote: »

Hi agrinnall, I'm having a similar problem to the OP, can you tell me what guidance this is and do you have a link to it please?

MCOL User Guide for Claimants

https://www.moneyclaim.gov.uk/web/mcol/welcome

bris

Send it to the last known address, get a win by default then put tracing agents onto it.