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How do I go about obtaining order for service via alternate method? Defendant won't provide address
Itachi2kg
Posts: 48 Forumite
Hello, I'm trying to provide a letter before claim to an individual who has scammed me out of £800, in the way of a sale of an item that is worthless (mobile phone that was working fine until the very next day, is now locked).
I have their phone number and have asked for their home address in order to provide them with the letter before claim, but they are ignoring my request. After reading on some similar cases online, I learned that I should be able to obtain an order for alternate service, to be able to send the letter before claim and other court letters to the defendant via text or whats app.
Does anyone know how I can go about obtaining this?
I have their phone number and have asked for their home address in order to provide them with the letter before claim, but they are ignoring my request. After reading on some similar cases online, I learned that I should be able to obtain an order for alternate service, to be able to send the letter before claim and other court letters to the defendant via text or whats app.
Does anyone know how I can go about obtaining this?
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Comments
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how did you buy the item? If via eBay or similar service then why do you believe the listed address is incorrect?
LBA and service is only one issue... ultimately if you dont know the sellers real identity and location then your ability to enforce judgement is next to none... you cannot send bailiffs to a telephone number1 -
It was purchased on Shpock, and we met at his house, which he is now claiming wasn't his house and was his friends.DullGreyGuy said:how did you buy the item? If via eBay or similar service then why do you believe the listed address is incorrect?
LBA and service is only one issue... ultimately if you dont know the sellers real identity and location then your ability to enforce judgement is next to none... you cannot send bailiffs to a telephone number
Another damning piece of information I should add is that he provided me a receipt for the mobile phone from Samsung, plus a part bank statement as ID, and both have the same address we met at on. I have already sent the letter before claim at the address, but wanted to also send it via whats app to make sure no stone has been left unturned0 -
Have you checked the electoral register or a service like 192.com to see if they are registered there?
You can always copy the mobile on your LBA but there is reasonable cause to assume the address given is their own1 -
It sounds like sufficient evidence for service to be effective at the address you've got.1
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Yes I've looked on 192 and the address unfortunately yields no resultsDullGreyGuy said:Have you checked the electoral register or a service like 192.com to see if they are registered there?
You can always copy the mobile on your LBA but there is reasonable cause to assume the address given is their own
Yeah I agree, I'm almost certain it is his address, but don't want to get stuck with this case in the future if he decides not to reply0 -
If he doesn't reply then you will get judgement by default, although that doesn't mean that you will ever recover the award.
You can serve the LBA by email. It's not a statutory requirement, but the judge will take a dim view if you haven't sent one.No free lunch, and no free laptop
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Cheers, I'll wait for a reply then in that case, I gave them 2 weeks to reply so if they don't I will start the small claims procedure.user1977 said:It sounds like sufficient evidence for service to be effective at the address you've got.
Any pros or cons of sending a PDF letter before claim via whats app too?0 -
No cons in an additional methodItachi2kg said:
Cheers, I'll wait for a reply then in that case, I gave them 2 weeks to reply so if they don't I will start the small claims procedure.user1977 said:It sounds like sufficient evidence for service to be effective at the address you've got.
Any pros or cons of sending a PDF letter before claim via whats app too?1
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