DCBL / Court Papers - wrong address

Johnersh

 I did already send to claim progression @ cnbc email address yesterday to say not at this address etc. 

This overlooks that Bristol John IS known at that address.

If your bro is the wrong defendant, but they have sued him, you can't simply jump in and defend this for him. The claimant needs to discontinue and serve a new claim form at your valid address for service.

So make sure a formal defence /acknowledgement/ application is lodged (whatever he decides to do) but don't assume that email is sufficient. It isn't. I suggest your bro reads the guidance notes.

Coupon-mad

yasdee144 said:

Thank you @Johnersh
I was also thinking isn't it their job to check with the DVLA for where the vehicle is registered etc? I did already send to claim progression @ cnbc email address yesterday to say not at this address etc. 

Oh dear.  Please don't send stuff before getting opinions here.

@Johnersh is a solicitor and he is recommending that your brother (not you) defends it.  Someone has to.

Johnersh

Or looked at it differently... It's not a claim form with the wrong address, it's a claim form naming the wrong defendant, but sent to his correct address.

yasdee144

I have since received a judgment for claimant (in default) letter dated 10th April. Sent to brothers address which he gave to me today. is there anything I should do now 

KeithP

yasdee144 said:

I have since received a judgment for claimant (in default) letter dated 10th April. Sent to brothers address which he gave to me today. is there anything I should do now 

Have you received this Default Judgment or is it addressed to your brother?
I.e. whose name is on this Default Judgment? Yours or your brothers?

yasdee144

It is in the same name as the previous court claim papers (my name but sent to wrong address). and the vehicle was never registered at his address. I did speak to the court few weeks back and they told me to email to say not at this address

yasdee144

they have continued to send it to his address. He just handed it to me this evening 

Coupon-mad

Are you saying neither you nor your brother responded to the claim, despite our advice? He was bound to get a CCJ and this is now against him because he didn't defend.

No-one here said to phone the CNBC. You can't respond by telephone and/or just send the claim back.  The CCJ was inevitable.  None of this was what we advised.

yasdee144

yes but it wasn't in his name. I technically I didn't receive anything at my address

yasdee144

what if he was never to show me the papers. mistakes like this do happen where the defendant doesn't receive any of the paperwork