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Small claims: defendant not known at registered address

(6 Posts)
GotMyGoat Tue 16-Jul-13 20:23:33

Would a bank forward a letter/court claim for me, as I only know someone's bank details and not their address?

I started an online court claim for my removal company who buggered off half way through a job and broke some of my furniture , and failed to give me a receipt or a business address.

(Trading standards gave me some really good advice for my claim)

Basically,I managed to get the removal companies address from the website I booked through - shiply, and made the court claim based on this after a month and a half of all my communication being ignored. I sent some extra particulars by first class recorded and today I received a very confused text from the resident of this address, saying that he had nothing to do with a removal company and had no idea how his address had been linked to a removal company.

I am fortunate in that the shiply registered personal name for this company seems to be quite a rare one - there are only three results on 192.com, two of which are in London - the right area. But I'm not sure I can just post out claims to both without knowing if they are actually linked! If it makes a difference, my claim is to the organization and not the individual.

I have emailed a copy of my letter, although I know this really doesn't have any legal standing it makes me feel better and have asked again for their address. Is there any way I can trace the address myself? I have the business and personal name, bank details, a mobile number and an email address.

I'm a bit confused by the court system too - do I just call their helpline to let them know the address probably isn't their real one? Or what? And as an aside, I ticked the box on my online claim to say I was sending extra details, do I still need to also send an n215 certificate of service?

Thanks, I'm sorry I'm so clueless, I was told it was fairly easy to make a small claim, but this seems more complicated sad

babybarrister Tue 16-Jul-13 21:24:51

Is it a company? If so What is this registered office - you can get this off companies house website for free. This is where they must be served - read civil procedure rules part 6...

GotMyGoat Tue 16-Jul-13 21:39:34

Thanks for repliying. Erm, looking at shiply it says they are not vat registered apparently and sole trader. will look at civil procedure rules part 6 in any case

babybarrister Tue 16-Jul-13 21:57:31

You need to be clear what the 'entity' is - if it is not a company you need to find out who the individual is behind the trading name ... You must get it right now and also take a view as to whether the person has any assets to enforce against or it will have been in vain ...

GotMyGoat Tue 16-Jul-13 22:16:35

Ok. So its not a company. that's frustrating. I don't suppose its possible to edit a small claims application once its been sent? as i've used the 'company' name rather than the individual. Would I need to make a whole new claim?

I have the individual's name that it is registered to, that civil procedure rules part 6 is quite useful, in that it says as the defendant didn't give me an address, roughly if i've tried the registered address, I need to find it or use an alternative method of serving it.

Thanks again for looking into it.

I'm not sure about assets, surely its impossible for me to know their financial health until I claim - unless that's not what you meant.

SuedeEffectPochette Sat 20-Jul-13 22:46:08

An enquiry agent will find out an address for about £50. Try The Sheriffs Office or similar.

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