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How to serve a small claim on someone who appears to have gone off grid

10 replies

Pregnantmushroom · 06/09/2017 12:01

Right,

To cut a long story short,

DH and I purchased a house in 2016 that was rewired (allegedly) but after a nearly very serious incident we discovered that said rewiring was only a partial rewired and had a number of serious flaws that were not mentioned when the vendor helpfully got an electrician in to check the state of the wiring prior to sale. Following a full rewire I have decided to pursue vendor for the cost of the rewire.. easy enough right?

Well, he and his current partner weee living in the house across the road from us, however, when I served the letter before claim, they up and moved, I had a suspicion that they had recently purchased another house with the money from the sale to us (the house his partner was in was a council property)

I have tried to find him using a PI, no luck, but I have found her, and a property owned in her name that has recently been purchased (completion date is a few days after letter before claim was sent)

So, how do I go out serving him if there is no address listed for him, and how legal is it for me to attempt to serve him at his partners address? I know I can emgage a process server, but the court (from my knowlege) attempts to serve the claim first at the point of claim being lodged?

Any help and advice will be great fully received

OP posts:
babybarrister · 06/09/2017 13:26

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LurkingHusband · 06/09/2017 13:35

Forget it ?

That's serious advice from someone who spent 3 years (and a few hundred quid) chasing a phantom who had no address and no assets. Should have given up day one.

(If it's any consolation, one day, they will rip off the wrong person. And then they may really become impossible to find. Forever.)

Anecdoche · 06/09/2017 13:38

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babybarrister · 06/09/2017 13:56

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Pregnantmushroom · 06/09/2017 13:57

Thank you, ill bear that in mind, I'm told that I can serve to his previous address and I do have proof of serving the letter before claim, if anything I want to make things really difficult for him, does that make me unreasonable?

OP posts:
LIZS · 06/09/2017 14:02

Electoral roll

Pregnantmushroom · 06/09/2017 14:17

are:assets, he has handed £125,000 that I paid for this property to his current partner who in turn paid cash for the house she currently resides in, I know he is a pensioner, I'm sure I can get any award taken from his pension if needs be, bailiffs don't care where the money comes from as long as they get it... if I can get the court to make an order against his income?

OP posts:
babybarrister · 06/09/2017 16:40

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Message withdrawn at poster's request.

Familylawsolicitor · 07/09/2017 00:02

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worridmum · 07/09/2017 10:21

Yes the electrian that gave a wrong certificate should be your first port of call as the previous owner acted in good faith.

Plus the electrain most likely has insurance so much easier to get money from.

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