Claim arrears

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    Claim arrears

    Hi Can any one help me regarding starting a money claim online. Tenants were served notice and left on the last date, but with £2k arrears. They have not obviously given a forwarding address but we have a work address for them both and previous address that aparently was the parents. Can we still do a money claim with out a definite address?
    I am here because I am inexperienced and want to learn.

    #2
    I generally start MCOL if tenant is in arrears before they leave (rather than use S8), so avoid this.
    You cannot serve at work (you can get permission from the court to do that, but forget that option for now). Just wait to find the address (various services that will do, but give it a month or two).

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      #3
      You can serve legal notices on them at the last address you have for them which is your property.
      Getting the correspondence forwarded is their issue.
      If they don't see anything, you'll win by default.

      If you want them to respond, copy the correspondence to them at work - making it clear that the documentation is only a copy of the formal communication.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        jpkeates,

        Yes but in my experience this is rarely successful (at least based on a count of two). The problem is threefold a) you need to prove not only that you served to your own address (whether in person or by mail), but more importantly that tenant did not in fact give you a forwarding address (it is hard to prove a negative) - otherwise it will be seen as a trick to gain a default judgment, b) you need to be able to convince a judge that the mode of service is OK, c) if you actually win by default, you then need (anyway) some address to have a hope of enforcing the judgment anyway.

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          #5
          I agree with all of those points.

          The first can be overcome by making it clear in your claim that the address is being used as it is the last known address and you hope/believe that the tenant must be getting mail forwarded as they left you no forwarding address. It depends on the judge, but like most things related to judges, you want to try and pre-empt them asking questions where you can.
          Judges are far less nervous than me, and I hate being asked questions at all.

          Getting the money is almost impossible unless the person you're claiming against is inconvenienced by the credit history damage.
          And, in most cases, this claim is the least of their worries.

          Part of the decision process is simply estimating the chances of getting anything at all versus the effort.
          The part of the brain that doesn't want them to get away with it isn't really helpful.

          If people fall on hard times and can't pay there's a genuine need to be helpful - very few people are actually trying to fail.
          I've had no money and had to duck people I owed it to - it's about survival and minimising embarrassment - so I don't blame people for that.
          On the other hand, there are people who are just bastards...
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment

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