Who to complain to about wrong address?

chokolat2 · 19 February 2019 at 7:25PM

A company took me to court, without my knowledge and obtained a Writ of Control. I knew nothing about what was happening as all their letters (if any) were sent to an incorrect address, one does not even exist.
So basically, the only time I found out was when the bailiffs started to send me letters to the correct address

I want to file a complaint, but unsure where to start as never dealt with this before. The reason for my complaint is me not been given the opportunity to pay off if I knew of their intentions earlier on. I have no idea where they got the incorrect address from.
Do I stand any chance? Do I make a complaint to court or go to the Financial Ombudsman?

Many thanks

fatbelly · 19 February 2019 at 8:32PM

I think your best bet is to apply to the court for set aside. It would help if you had some defence to the claim though.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

John_G_Jones · 19 February 2019 at 8:35PM

Did you know of the debt?

chokolat2 · 19 February 2019 at 8:35PM

fatbelly wrote: »

I think your best bet is to apply to the court for set aside. It would help if you had some defence to the claim though.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Can I still do that even if the bailiffs have been paid in full? (had to pay them as mother in law opened the door and let them in and to avoid further action) at the time I knew nothing about the address error hence have been investigating further the past week.

chokolat2 · 19 February 2019 at 8:39PM

John_G_Jones wrote: »

Did you know of the debt?

No. Because the company made no attempt to contact me with their intentions, or they sent letters to the other incorrect address.
This debt was for an office space (rent). I had to leave the premises early due to personal circumstances, and I didnt request the deposit back which I was under the impression would cover me until the end of contract. Surely the company would have attempted to send me a letter with their intentions to take me to court? I received nothing

D_M_E · 19 February 2019 at 9:14PM

I believe that, if your setaside is successful then anything you have paid the bailiffs is returned to you in full.

Also believe that a setaside would be granted based on the fact that they sent all correspondence to a ficticious address, mail sent to which would have/should have been returned to sender, but not sure on this.

EDIT - they obviously knew your correct address, how else would the bailiffs know where to go to extract money out of you?

chokolat2 · 19 February 2019 at 9:22PM

D_M_E wrote: »

I believe that, if your setaside is successful then anything you have paid the bailiffs is returned to you in full.

Also believe that a setaside would be granted based on the fact that they sent all correspondence to a ficticious address, mail sent to which would have/should have been returned to sender, but not sure on this.

EDIT - they obviously knew your correct address, how else would the bailiffs know where to go to extract money out of you?

They sure did know my correct address as all court papers (which I have now obtained copies of) has the contract attached between myself and the company who rented me the office space with my correct address.
Thank you for your advice, I will have a go at a setaside

fatbelly · 19 February 2019 at 9:29PM

chokolat2 wrote: »

Can I still do that even if the bailiffs have been paid in full? (had to pay them as mother in law opened the door and let them in and to avoid further action) at the time I knew nothing about the address error hence have been investigating further the past week.

You'll need to take advice on that.

Who to complain to about wrong address?

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