Small claim where to serve papers

nerak99
nerak99 Posts: 3 Newbie
First Post First Anniversary Combo Breaker
in Small biz MoneySaving
I did some work for a company and they owe me £5,500. I have contracts for the work done and also a number messages from the firm saying I was about to be paid. I have been paid some money by the firm previously but I have heard from other people (after I accepted work!) that he is an awful payer.

The firm has a fancy London address which is purely an accommodation address. It is a one man company and he works from home. I know his home address.

Should I serve papers to his home address in Cambridge or to London. Cambridge is a lot more convenient for me (and presumably) for him.

Also, he has a fancy house and car although he might claim he has no assetts.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    under company law a company must have a registered office address. You are partly right in regarding the London address as an accommodation one, but that is almost certainly exactly what it is , the company's registered office address art which it may be contacted for legal purposes.

    a court would expect you to have served on the registered office. In practice of course you would serve on both, but neither will mean you are going to win your case.
  • nerak99
    nerak99 Posts: 3 Newbie
    First Post First Anniversary Combo Breaker
    edited 1 August 2018 at 3:35PM
    Thanks for the reply.

    So far as the London address being an accommodation address. It is marketed as such by the firm that actually owns the building and I have looked it up at Companies House as the business address.

    I think posting to both would be a good idea and funnily enough I did realise that just getting the address right was not going to be sufficient to win my case.
  • Aquamania
    Aquamania Posts: 2,112 Forumite
    nerak99 wrote: »
    Thanks for the reply.

    So far as the London address being an accommodation address. It is marketed as such by the firm that actually owns the building and I have looked it up at Companies House as the business address.

    I think posting to both would be a good idea and funnily enough I did realise that just getting the address right was not going to be sufficient to win my case.

    You send your claim to the court.
    The court then serves them on the defendant.
    I think you can only provide one address (per defendant) for service.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    Aquamania wrote: »
    You send your claim to the court.
    The court then serves them on the defendant.
    I think you can only provide one address (per defendant) for service.
    a letter before action still has to be sent by the OP before starting the claim through the court
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    OP send it to the address where YOU know was the last place the company operated from.


    As it's an individual vs a commercial entity, your local court will automatically be used, should he contest the claim.
  • Aquamania
    Aquamania Posts: 2,112 Forumite
    00ec25 wrote: »
    a letter before action still has to be sent by the OP before starting the claim through the court

    I would suggest the OP sends any LBA to the same service address they propose to provide to the court ;)
    (but agree additional copies could be sent to other addresses if the OP is so inclined)
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