small claims court - defendents address

[philv]

Hi
when going to small claims court -

for the defendents address, it is correct i can use the defendents last known address?

I rang the small claims court helpline and they said this.
And that it was the persons problem if they let no forwarding address.

(its a tenant owing rent issue - tenant left owing rent and does not give forwarding address.)

Is this correct?
I seem to have seen in other forums that without the address i cannot start a claim.

I can find the guy.
I know where he is living, but he wont be on any formal register etc.

Can a works address be used?

Anyone know for sure?

[tescorank]

"Accidentally" send it to his work address,, or better still write a letter there first with Letter before action in bold on outside of envelope.

[philv]

Could you explain this more please?

[philv]

Actually, if i send it to the last knwn address, ie the flat he just left, then i have made every effort.

I haved asked via sms for his firwarding address and asked that he forwards his mail from my flat.

If he does neither then i have made every effort, and he cant complain when le loses in court and never knew anything about it.

[oldnbold]

If you know where he is living, you know his address. List this on the small claims forms.

If you use a work address the court will reject the application.

[philv]

So -
Its better to use an address where i know he is but cant prove (ie living with girlfriend)

Rather than sending to his last known provable address (ie my flat)

?

[oldnbold]

philv said:

So -
Its better to use an address where i know he is but cant prove (ie living with girlfriend)

Rather than sending to his last known provable address (ie my flat)

?

I went through the small claims process with a tenent a few years ago. I was told I had to have his current address, using his last known address (your property) is no good because you know he doesn't live there.

I had real problems findng my guys new address, I had his work address but I was told I couldn't use it.

Long story short I won and ended up having to get an attachment of earnings order against him for the £3.5K he owed. He wrecked the house before he left.

I got it all back, at £95 per month!!

[philv]

oldnbold said:

I went through the small claims process with a tenent a few years ago. I was told I had to have his current address, using his last known address (your property) is no good because you know he doesn't live there.

I had real problems findng my guys new address, I had his work address but I was told I couldn't use it.

Long story short I won and ended up having to get an attachment of earnings order against him for the £3.5K he owed. He wrecked the house before he left.

I got it all back, at £95 per month!!

Glad you got it though.

The sodding court helpline said the last address would be fine. Strewth

In which case, as i said above i can find his address no problem.

But do i have to prove it is his address?
That may be imposdible if he lives with someone who pays the bills.
What happens then?

He stupidly told my nephew he was moving in with his girlfriend.
Heck, its a small tow. I can arrange for someone to follow him home.
But how can i prove he lives there, even if he does?
Or dont i have to?

Edited by philv on Wednesday 4th June 21:54

[blindswelledrat]

philv said:

Glad you got it though.

The sodding court helpline said the last address would be fine. Strewth

In which case, as i said above i can find his address no problem.

But do i have to prove it is his address?
That may be imposdible if he lives with someone who pays the bills.
What happens then?

He stupidly told my nephew he was moving in with his girlfriend.
Heck, its a small tow. I can arrange for someone to follow him home.
But how can i prove he lives there, even if he does?
Or dont i have to?

Any chance you can make your posts look irrelevantly like poems please?
Thanks

[bad company]

philv said:

Glad you got it though.

The sodding court helpline said the last address would be fine. Strewth

In which case, as i said above i can find his address no problem.

But do i have to prove it is his address?
That may be imposdible if he lives with someone who pays the bills.
What happens then?

He stupidly told my nephew he was moving in with his girlfriend.
Heck, its a small tow. I can arrange for someone to follow him home.
But how can i prove he lives there, even if he does?
Or dont i have to?

Edited by philv on Wednesday 4th June 21:54

Use his current address. You don't have to prove he lives there though if it turns out to be wrong he can ask for any judgement to be set aside.

[philv]

He oswes around 850 - the deposit is 500.

Hopefully get 500 from dps.

Worth persuing the oher 350?

Stupid system
Both dps and this address mkarky.

[bad company]

philv said:

He oswes around 850 - the deposit is 500.

Hopefully get 500 from dps.

Worth persuing the oher 350?

Stupid system
Both dps and this address mkarky.

That depends if you are willing to let the barsteward get away with it. I would send a letter before action and sue him yourself in the County Court. That way you keep the fees and risk down.

[philv]

I am in dps process first.


Asked for deposit through dps.
Have to wait 2 weeks.
If no response then file a single claim with dps.
If no response tnen i get deposit.

For the redt it will go to small claims court.

If any objections by tenant in dps process then it will all end up via small claims court.

I dont get it.
There is dps.
They have arbitration.
It should be compulsory and final to keep it out of courts.