Horizon/Gladstones claim - court this week

Coupon-mad

And email your phone number to the court as well, say that you think there has been a mistake because you are a Litigant in Person and can't arrange a telecon and that this is surely a matter for the court, or in the alternative, for the solicitors for the Claimant to arrange, and here is your phone number and you acknowledge the change of time and will await to be called by the court.

You did email your WS & evidence to Gladstones as well, yes?

victorian12

You did email your WS & evidence to Gladstones as well, yes?

I did yes. Will email them again in the morning!

Fruitcake

... and 'phone them.

Coupon-mad

Both, but they need an email with the phone number so that the Defendant can be phoned.  So mainly an email.

victorian12

Just received this message from the court. The thing is I wouldn't have questioned this had you kind people not pointed it out!

'I apologise, that was a mistake. I will send a corrected order asap. It is supposed to be the responsibility of the Claimant’s solicitors.'

Le_Kirk

Phew and just what the regulars have been saying.

beamerguy

victorian12 said:

Just received this message from the court. The thing is I wouldn't have questioned this had you kind people not pointed it out!

'I apologise, that was a mistake. I will send a corrected order asap. It is supposed to be the responsibility of the Claimant’s solicitors.'

Amazing .....  and that's our legal system ??

victorian12

CPR 6.9 (3) looks relevant given that they told me they had found my new address but sent the Court Claim to the old address?

Service of the claim form where the defendant does not give an address at which the defendant may be served

6.9

(1) This rule applies where –

(a) rule 6.5(1) (personal service);

(b) rule 6.7 (service of claim form on solicitor or European Lawyer); and

(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

(For service out of the jurisdiction see rules 6.40 to 6.47.)

Nature of defendant to be served	Place of service
1. Individual	Usual or last known residence.
2. Individual being sued in the name of a business	Usual or last known residence of the individual; or principal or last known place of business.
3. Individual being sued in the business name of a partnership	Usual or last known residence of the individual; or principal or last known place of business of the partnership.
4. Limited liability partnership	Principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim.
5. Corporation (other than a company) incorporated in England and Wales	Principal office of the corporation; or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
6. Company registered in England and Wales	Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim.
7. Any other company or corporation	Any place within the jurisdiction where the corporation carries on its activities; or any place of business of the company within the jurisdiction.

 
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Fruitcake

I would think the following would be applicable: -

Nature of defendant to be served	Place of service
1. Individual	Usual or last known residence.

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or ...

The scammers and/or scamlicitors knew your current address for service because they had used it before issuing the claim, so they failed to follow the CPR either by accident or design, thus putting the defendant at a serious disadvantage.

victorian12

Thanks. By design I'm sure given it was the only letter not included in the SAR and WS.

The main question I have now is how do I approach this if I'm not allowed to use my WS. Can I raise all of these points verbally?