Can I change the address of the defendant on court papers after obtaining a county court judgement?

Richard297

I've obtained judgement against my rogue roofer and I'm just waiting for the paper copy of the judgement through the post. I've recently found out that the address he told me he lived at (that also appeared on his invoice and van) is not where he lives and he's not local.

I can't find any information online (went through Money Claim Online) as to whether I can change the address on the court documents when I find out his real address.

Any information would be great.

Thanks

sourcrates

The judgement still stands.

Very unlikely said rogue builder will suddenly find remorse and pay what he owes you, instead you may find you will have to escalate the matter to a bailiff, at which point the correct address can be given.

MalMonroe

No you can't, because they are legal documents. 

You should contact the court named on the judgement and they will tell you what to do - if indeed you have to do anything.

According to information in this link - https://www.gov.uk/county-court-judgments-ccj-for-debt
the rogue roofer could have received a copy by email as well which means that it doesn't matter if his street address has changed.

But better to be safe than sorry because he may well try to use the excuse that he never received any such judgement.

Richard297

Many thanks to sourcrates and MalMonroe for your replies.

When I started the claim I sent him the letter before action to his usual email address that I’ve used all along which was also on the side of his van.  I also sent a paper copy (got proof of posting) to the address stated on his invoice and that address was the same address that’s on his van too, that’s not been returned to me. I’ve also got cctv showing his van and his number plate. I put all this info in my claim against him and, as he ignored everything I got judgement.

I’ve never had to take action against anyone so this is a bit frightening for an oap. I have to face facts that he’s lied all along telling me he was local, you don’t inspect a roof but I did when it was too late.

As suggested by MalMonroe I’ve emailed Money Claim online to ask for guidance. I’m also waiting for the paper copy of the judgement which hopefully will come soon.

Thanks sourcrates, I’ll consider going down the route of the bailiffs if I can’t find his real address.

What I’m not clear about is how the ccj can go against him at the wrong address as it’s one of his friend’s addresses; I think he thinks he’s got away scot-free.

sourcrates

Richard297 said:

What I’m not clear about is how the ccj can go against him at the wrong address as it’s one of his friend’s addresses; I think he thinks he’s got away scot-free.

Obtaining the judgement is just the first step, a judgement in itself is nothing to someone who does this for a living, in order for that judgement to be effective, it requires you to enforce it, very few judgements get paid just because they are granted, most just sit out the 6 years until they drop off credit files, if you want your money, you have to go and chase it.

Your options would be to either -

engage a bailiff
obtain an attachment to his earnings
or place a charging order on any property he may own.

You are quite right in that the address given for him may not be connected to him at all, and if he doesn't own property, or have the money to pay you, then you are basically stuffed.

These people are usually quite savvy in the way the law works, so its likely any assets are squirrelled away somewhere, possibly in another name or company, where you can`t touch them.

It is extremely hard getting money back from operators such as this, I just hope you are prepared for this outcome.

Richard297

I know it’s very difficult to get money back from these sorts of operatives if things go wrong and you’ve been lied to but this is the first time this has happened to us.

As you say, there are various methods and I now find that I can apply for an order for the debtor to attend court but again I need the real address. It appears to me that it all hinges on getting his real address, so I will do that.

Once again, thank you very much indeed sourcrates for all your help and for pointing me in the right direction, it's very much appreciated.

macman

Sole trader or ltd company? For the latter, you just need to serve at the registered address on CH. 

Richard297

Thanks for that information macman. Unfortunately, he's a sole trader - I'm just waiting for the paper copy of the judgement  through the post then I'll move things forward.

macman

So you just send the bailiffs to the address where you know he can find them. The CCJ is against him personally, it's not linked to an address. The bailiffs will establish what assets, if any, are his, wherever he might be living.

Richard297

Many thanks macman for your reply.

When I find out his real address, will the name and address then be linked so that the credit agencies etc put it against the correct person and it will cause him problems?