Court documents sent to Mother's and not my address, 'deliberately'

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  • phillw
    phillw Posts: 5,593 Forumite
    First Anniversary Name Dropper First Post
    custardy wrote: »
    Why would they respond to your notice when you are still within your AGREED minimum term?

    According to the OP they had already stopped the service and refused to reconnect it.
  • robatwork
    robatwork Posts: 7,087 Forumite
    Name Dropper Photogenic First Post First Anniversary
    You should go to court, and put your argument to the judge that the papers are invalid as they went to your mother's house.

    Once he/she has dealt with that matter, you can then get onto your somewhat flimsy sounding argument about the debt.
  • [FONT=&quot]Sigh......[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Many, many moons ago, way back at 11+ tests, then again for O'levels, and again for As and again for assignments at college and university, the basic advice was, "read the question". Mainly so that you could answer the question and not waste loads of time answering a question that's not been posed.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I stopped using Internet message boards around 2005 and, for the same reason, stopped using Facebook groups about four years ago; there's a propensity, a gravity towards conflict, even in the most conflict-free scenarios.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I blame myself, somewhat. My pre-amble in my OP was, perhaps, too much. But having read other threads with similar subjects before posting, I attempted to answer many of the standard questions in one OP. Nevertheless, I think I made my point and posed my question clearly. Indeed, when I look at the subject line of my own thread I am confident I've been absolutely clear regarding my query. 'Tis a shame, then, that so many have so much to say that's unrelated to my query.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]My expectation/hope was that others who had had the same experience, or knew somebody that had would contribute to this thread with knowledge. Instead I've received a number of replies (some abrupt) telling me about how guilty the posters perceive me to be, without a smidgen of comment on my original question. A casual observer would be forgiven for thinking some contributors on here are on the payroll of others…..[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I also likely understated my knowledge of the law and county courts. Whilst I alluded to having “not unsubstantial” experience, I could, equally, have said I have a wealth of experience in these matters. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I’m that McKenzie Friend in county court. I relish taking on large corporations and organisations on behalf of others. Equally, I’ve been the petitioner/claimant in other case and secured summary judgements, but never by deliberately and knowingly serving court papers to an incorrect address. And when I said ‘some success’ upthread, I would have been more truthful and less humble to say I have enjoyed 100% success in county court and in cases of litigation over the years.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I’m disappointed, mostly, at the lack of a sense of outrage at the flagrantly abusive behaviour of such a large debt collectors as Lowell. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]My defence was submitted, online, last weekend. The incorrect service address is not part of my defence and my correct address is now on the reply. That deliberate service at an incorrect service address has, duly been reported to the court by me as a complaint, and I am confident the court will consider the claimant’s brazen attempt to abuse the law more serious than the matter at hand, i.e the claimant’s debt.[/FONT]
  • Not so sure there is a "roll over" attitude from posters tbh. You know yourself if you don't acknowlege the court papers you will end up with a CCJ by default? That is the sole reason you should acknowledge. You say your credit rating is important to you (you really don't have a 'high credit score) and you know a CCJ would trash your credit history so why play games?

    As to your actual case, some posters believe you have no case, you do......simple as. Nothing to do with rolling over. Ultimately that is for a court to decide.
    Regarding my credit score, Experian and Equifax disagree with you.


    As previously mention, my case is not why I started this thread and what some posters think of the merits, or otherwise, of it is neither here nor there.
  • Rolling over?
    You taking responsibility and action for your mistakes?
    Respond to the papers and get the debt paid.
    That’s all there is to it.
    I've made no mistakes. Instead, I am contesting an alleged debt, just as each and every one of us is entitled to do.... by law.
  • Sounds like the only person who is rolling over is yourself. If you feel that you have a defence to the CCJ why don’t you go ahead and submit one and let the judge make the decision? What have you got to lose? If the judge rules against you and you oh the amount after the decision... no CCJ on your credit file.

    Sounds like you don’t even believe your own hype if you’re settling without testing the so called validity of your arguments in front of a judge.
    My defence was submitted by me, online, last weekend.


    I've absolutely no idea of what point you have or are trying to make.
  • You can give 30 days notice at the end of your agreed minimum contract term.
    Not because you create a new term.
    Why would they respond to your notice when you are still within your AGREED minimum term?
    Dear, Christ!


    Any party breaching a contract is not a, 'new term'. It's a "breach", for heaven's sake!
  • OP please don't use the fact that the court papers has been sent to your parent's address as your defence - you will lose.
    Just stick to the facts about the case - nothing else.
    Thanks, jonesMUFC. I had no intention of doing so. I had every intention of bringing the skulduggery to the court's attention. And did so, not as part of my defence, but in that reply.
  • You are within your rights to do whatever you want. Be warned. Wasting a judges valuable time might incur their wrath. Likewise a hearing could cost you far more than just the original debt.


    Thanks, Thrugelmir. My own experience is that, unlike criminal courts, in small claims at county court fees are fixed and debt amounts are debt amounts. Only interest makes the final claim amount variable. Judges are not charging for their precious time in county court. Perhaps the appellant High Court where a frivolous appeal might turn up....
  • Agreed. Although the OP may have a point (how on earth did they get their mothers address to serve papers there) they either need to defend the claim or pay it.

    Faffing around with technicalities is unlikely to do them any favours.


    And right there, Boo_Star, lies my question. How the heck??? And why use it considering everything that's been sent there's been returned to sender while everything that's been seen to my correct address has been responded to......


    I still say that they were banking on the court documents being, returned to sender.
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