Small claims court - unserved claim form

Brie

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

Skag

Manxman_in_exile said:

If you are making a claim against a limited company, the correct address to serve papers on them is at their registered office as listed at Companies House.  Full stop.

Skag said:

... I have found the address from Companies House, under his Ltd company name, but as it turns out that might be an invalid address...

I'm confused.  Apart from the email you've received from the court, have you any other reason to believe that the address you've used might "turn out" to be wrong?

Nope, just that fact.

Skag

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

I don't think that's the case. It's more of a mismanaged company and an unprofessional director. I met him, I've seen his company van around, etc.

macman

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

Skag

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

user1977

Skag said:

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

It's the same as if they did know about it - I suppose the first question is do you know where they actually are and whether they have any assets?

macman

Skag said:

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

Getting judgement doesn't 'get' you any money anyway-it just gives you the legal right to pursue the collection of that money, unless the defendant voluntarily pays up, which is rare. Usually by instructing bailiffs, but there are other means, such as an attachment of earnings order, or a charging order. All at extra cost to you.
Be aware that the vast majority of CCJ awards are never paid by the defendants, I've seen a figure somewhere of less than one in three, so you can be throwing good money after bad.
As pointed out above, you can serve and get judgement on a maildrop or expired company address, but if you want to send in bailiffs to collect, you need to know where they are actually trading from, and what assets they might have.
It depends on the nature of the business, which you haven't disclosed. If they're operating out of a rented office with a laptop and a filing cabinet, with no company cars or plant, or they're all on finance, then there's nothing to seize.

Skag

macman said:

Skag said:

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

Getting judgement doesn't 'get' you any money anyway-it just gives you the legal right to pursue the collection of that money, unless the defendant voluntarily pays up, which is rare. Usually by instructing bailiffs, but there are other means, such as an attachment of earnings order, or a charging order. All at extra cost to you.
Be aware that the vast majority of CCJ awards are never paid by the defendants, I've seen a figure somewhere of less than one in three, so you can be throwing good money after bad.
As pointed out above, you can serve and get judgement on a maildrop or expired company address, but if you want to send in bailiffs to collect, you need to know where they are actually trading from, and what assets they might have.
It depends on the nature of the business, which you haven't disclosed. If they're operating out of a rented office with a laptop and a filing cabinet, with no company cars or plant, or they're all on finance, then there's nothing to seize.

That's the bailiff's job though, isn't it? To track down and recover the debt? What are the ways of tracking someone down anyway?

The trader in question is a joiner, and I also happen to have his (alleged) workshop address, so that could assist the bailiff.

You're right though, if he hasn't returned the money, even after he saw the court order, he probably doesn't have it, and won't return it.

user1977

Skag said:

macman said:

Skag said:

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

Getting judgement doesn't 'get' you any money anyway-it just gives you the legal right to pursue the collection of that money, unless the defendant voluntarily pays up, which is rare. Usually by instructing bailiffs, but there are other means, such as an attachment of earnings order, or a charging order. All at extra cost to you.
Be aware that the vast majority of CCJ awards are never paid by the defendants, I've seen a figure somewhere of less than one in three, so you can be throwing good money after bad.
As pointed out above, you can serve and get judgement on a maildrop or expired company address, but if you want to send in bailiffs to collect, you need to know where they are actually trading from, and what assets they might have.
It depends on the nature of the business, which you haven't disclosed. If they're operating out of a rented office with a laptop and a filing cabinet, with no company cars or plant, or they're all on finance, then there's nothing to seize.

That's the bailiff's job though, isn't it? To track down and recover the debt? 

Yes, but you'll need to pay them even if they are unsuccessful. The bailiffs might turn up and even if the workshop appears to be operational, be told that nothing there is owned by the company you're pursuing. Which may or may not be correct.

DullGreyGuy

user1977 said:

Skag said:

macman said:

Skag said:

macman said:

Brie said:

There's another thread on the motoring forum all about a company that's listed at CH but everyone at their address have stated categorically that that person has never worked for any of them, the company has never been there and they have no idea where the company or the people who run it are.  So any action against them is not going to get very far.  

I think that if this is the case with you and the director has just picked some address to use at CH then you may be wasting your time and money proceeding.

No, because if the claim is served at the registered address with CH, then that must be accepted as proof of service. It could be a false address, it could just be a maildrop address where the director never picks up, but either way it will not impede the OP getting judgement. In fact, it will actually help, because if the defendant doesn't know about it and doesn't defend it, then the OP will win by default.

But how do I get my money after I've won the case if the defendant doesn't know about it ? What's the process ?

Getting judgement doesn't 'get' you any money anyway-it just gives you the legal right to pursue the collection of that money, unless the defendant voluntarily pays up, which is rare. Usually by instructing bailiffs, but there are other means, such as an attachment of earnings order, or a charging order. All at extra cost to you.
Be aware that the vast majority of CCJ awards are never paid by the defendants, I've seen a figure somewhere of less than one in three, so you can be throwing good money after bad.
As pointed out above, you can serve and get judgement on a maildrop or expired company address, but if you want to send in bailiffs to collect, you need to know where they are actually trading from, and what assets they might have.
It depends on the nature of the business, which you haven't disclosed. If they're operating out of a rented office with a laptop and a filing cabinet, with no company cars or plant, or they're all on finance, then there's nothing to seize.

That's the bailiff's job though, isn't it? To track down and recover the debt? 

Yes, but you'll need to pay them even if they are unsuccessful. The bailiffs might turn up and even if the workshop appears to be operational, be told that nothing there is owned by the company you're pursuing. Which may or may not be correct.

The bailiff will kick the tyres a little harder than simply taking their word for it but supporting evidence can be falsified if you have a willing associate