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Tracing someone before small claims court
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Flying_Lemon
Posts: 20 Forumite
Back in August, I asked my gym to recommend a personal trainer who was experienced in a particular field. I was put in touch with a PT; I'd been to some of the classes he'd run at the gym and went ahead and paid upfront for eight sessions with him, at a cost of just over £200. I had one session with him and then he abruptly left the gym. We've been going backwards and forwards since then about him refunding me but the money never materialises when promised and unfortunately I now think it's time for the small claims court route.
However, I don't have his address. He has a pretty big social media presence, and from this I know his full name, date of birth, new place of work, and even his parent's names, but I am really struggling to find any address for him. I'm aware that I can send court documents to his last known address but I don't even have that, and the gym can't give it to me due to data protection.
Has anyone got any advice please?
However, I don't have his address. He has a pretty big social media presence, and from this I know his full name, date of birth, new place of work, and even his parent's names, but I am really struggling to find any address for him. I'm aware that I can send court documents to his last known address but I don't even have that, and the gym can't give it to me due to data protection.
Has anyone got any advice please?
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Flying_Lemon wrote: »Back in August, I asked my gym to recommend a personal trainer who was experienced in a particular field. I was put in touch with a PT; I'd been to some of the classes he'd run at the gym and went ahead and paid upfront for eight sessions with him, at a cost of just over £200. I had one session with him and then he abruptly left the gym. We've been going backwards and forwards since then about him refunding me but the money never materialises when promised and unfortunately I now think it's time for the small claims court route.
However, I don't have his address. He has a pretty big social media presence, and from this I know his full name, date of birth, new place of work, and even his parent's names, but I am really struggling to find any address for him. I'm aware that I can send court documents to his last known address but I don't even have that, and the gym can't give it to me due to data protection.
Has anyone got any advice please?
Electoral roll
192.com (Or similar sites)
Any pictures of him with his car? Try requesting the details from the DVLA
Address the claim form to him at his new work0 -
I've tried the electoral roll and 192.com but there's nothing there unfortunately. I've also read conflicting info about whether I can send the court stuff to his place of work? No idea what car he drives either/ Thanks for your reply though.0
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Flying_Lemon wrote: »I've tried the electoral roll and 192.com but there's nothing there unfortunately. I've also read conflicting info about whether I can send the court stuff to his place of work? No idea what car he drives either/ Thanks for your reply though.
If I was completely out of options then I would be sending it to his new work address. Guessing there's no option to hand deliver? Been a long time since i've had to use the SCC.0 -
Ah! I've just found this - https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-serve-a-claim-at-the-debtors-work-address.aspx
Looks like i might be able to apply to serve the claim at his work address. Thanks!0 -
You mentioned that he has a large social media presence so it’s likely that he’s active on there quite a bit. As part of your application for alternative service you could ask the court to serve the claim form via social media. The courts have approved this method before on some occasions and the court will have to consider that if by serving to a alternative address is the Defendant going to receive it. In this case there might be a good argument to serve via social media given the presence.0
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If you live in the same area can you not just discreetly follow him home from work? I know you can’t guarentee he actually goes to his own home but cheaper than using a tracing agent.0
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The actual court rules are here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9
As you will see, they say that individuals have to be served at their usual or last known residence.
You correctly note that it is possible to make an application to serve him somewhere else. You would need to apply for permission to do this using form N244. However the fee for this is substantial - £255 - I suspect that exceeds the entire value of your claim. This would be in addition to the fee payable on issuing the claim.
If you know where he works and want to pursue this, personally I would just go ahead and serve at his workplace. You would not be technically compliant with the Civil Procedure Rules, but if he still receives the claim form I think it is very unlikely that your claim would get thrown out for bad service.
You would have problems when it came to enforcement though ... it would be pointless sending bailiffs round to his work.0 -
powerful_Rogue wrote: »If I was completely out of options then I would be sending it to his new work address. Guessing there's no option to hand deliver? Been a long time since i've had to use the SCC.
You can serve by hand, but this by itself doesn't resolve the problem of not having the correct address.
If you issue through MCOL you have the option for the court to serve (which they do by regular post) or for you to serve. If you want to serve by hand, you have to arrange that yourself. And you'd have to file a certificate of service once you've done it.0 -
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If you live in the same area can you not just discreetly follow him home from work? I know you can’t guarentee he actually goes to his own home but cheaper than using a tracing agent.
That's something to consider, thanks - he's working in a different city a few hours away though, so I'm not sure how manageable that'd be. Thanks though.0
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