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Money Claim Online: Incorrect address used. Advice needed.

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Money Claim Online: Incorrect address used. Advice needed.

Postby ncdtaylor » Thu Oct 20, 2016 3:35 pm

I have started a MoneyClaim against a former client, and used the address they are using in their email signature, rather than their Limited Company's Registered Office.

They have not responded to the claim, but having called the office where the claim was issued to, they are no longer at this address, and any post received is returned to the sender, so they will not have seen the claim.

I have spoken to the Money Claim Help Desk who say that to "Amend & Reserve" the claim will cost me £100, which cannot be recovered. The claim is only for £190, so it's not worth that.

Can I discontinue this claim, and start another one, addressed to the Registered Office? This will only cost me another £25, and is worth it for that amount.

I am asking because the Money Claim portal states that if I discontinue a claim, I cannot pursue this claim against the defendant.

Alternatively, should I just request a judgement (free) and forget actually reclaiming the money?
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Re: Money Claim Online: Incorrect address used. Advice neede

Postby atticus » Thu Oct 20, 2016 4:05 pm

Read CPR Part 6, rule 6.9. See item 6 in the table. Isn't the address in the e-mail footer one of those?

So apply for judgment if you can. Enforcement is always a separate problem.
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Re: Money Claim Online: Incorrect address used. Advice neede

Postby atticus » Thu Oct 20, 2016 4:07 pm

Or discontinue and reissue.
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Re: Money Claim Online: Incorrect address used. Advice neede

Postby ncdtaylor » Thu Oct 20, 2016 4:33 pm

Thank you, that's very helpful.

I've applied for a judgement by default, and I was able to specify a different address for that to be sent.
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