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

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  • Selector
    Selector Posts: 50 Forumite
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    edited 14 September 2019 at 5:44PM
    Thanx, sourcrates. I know exactly what to do.


    Gotta say I'm slightly saddened by the roll over and play dead responses of some contributors in the face of flagrant and blatant corporate abuse of process. At the very least, if I were giving advice to myself the OP, I'd be talking about a swift and immediate response that included ticking the arbitration box on the claim form both to slow down the process and to bring the flagrant abuse to the attention of the court - no matter what.
    Some of the respondents here have little idea of justice, imho, hence their own summary judgements. I'm a realist, at the very least. And we know that when it comes to litigation, those with the deepest pockets generally come out on top, regardless of the law. But, equally, we know that might is not always right.

    Just as scammers get away with the majority of scams because nobody reports them, corporate bullies do the same because nobody tells the court. I will certainly be bringing this abuse of process to the attention of the court in my response.
    Be well.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    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.
  • 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.
  • 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.
  • custardy
    custardy Posts: 38,365 Forumite
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    Selector wrote: »

    I didn't unilaterally decide they'd breach the contract. I served them 30-days' notice by email and signed for post giving them the opportunity to reply. My letter said that if I had not received a reply within 30 days, then the contract would be terminated/cancelled for their breach. Having not received a reply, the contract was, duly, cancelled.

    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?
  • 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.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Selector wrote: »
    But that's a distraction, my question regards the serving of court documents. I can make my own defence and let the court decide if the matter is not settled beforehand.

    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.
  • boo_star
    boo_star Posts: 3,202 Forumite
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    Thrugelmir wrote: »
    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.

    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.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    boo_star wrote: »
    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.

    The OP seems aware that all previous correspondence was being returned "gone away". Hardly helpfull to the cause. Seems as if the OP has backed themselves into a corner. Rather than the debt collection agency doing anything out of the ordinary.
  • boo_star
    boo_star Posts: 3,202 Forumite
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    Thrugelmir wrote: »
    The OP seems aware that all previous correspondence was being returned "gone away". Hardly helpfull to the cause. Seems as if the OP has backed themselves into a corner. Rather than the debt collection agency doing anything out of the ordinary.

    Exactly.

    As I see it, the OP has received the court papers, albeit unconventionally.

    They need to stop fannying around and defend it.
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