Tenant tracing costs - adding to court costs

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    Tenant tracing costs - adding to court costs

    This post from 2012 asked whether a tracing fee can be added to costs when making an MCOL claim, and the answer was 'yes'. Is this still possible after the claim has been issued, and if so what would be the mechanism?

    I have issued a claim, 14 days have elapsed without response so I can now request a judgment. I used the debtor's last known address for the claim but I know they don't live there any more. I know roughly where they live now (building, but not flat number). I suspect a tracing agent could probably find it, either now or in a few months time.
    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

    #2
    You can ask the court to amend the amount claimed, but I'd expect them to say no.
    Getting the amount you claim right is your responsibility.

    You can make a separate claim for the amount you missed this time.
    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


      #3
      I didn't necessarily miss it. The claim was made based on information available at the time.
      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

      Comment


        #4
        In which case, ask the court if they'll allow you to increase the claim in the light of the new information.

        The general view is that if you're chasing a debt, you shouldn't start until you know how much is owed and have sent the LBA demanding payment etc.
        But they may allow it.
        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


          #5
          btw, I have just phoned the tracing agent which is perhaps the most obvious one (i.e. the one that tends to get mentioned first on this forum when the subject arises) and was advised that they could not give me an address if they found one. Data protection. Their company policy is to only give that information to solicitors. This did not used to be the case. Seems the landscape has changed somewhat.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

          Comment


            #6
            doobrey My initial thought is that they must be doing something dodgy to get the data and want some kind of protection from legal privilege.
            If someone finds something out for you, and don't break some other law in doing that, there shouldn't be any kind of data protection issue.

            And that would seem to undermine their whole business model.
            I can't imagine too many people would pay for a people finding service that comes back and says, "we've found them, but we won't tell you where they are".
            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


              #7
              Yes, I was surprised. But this was direct from the horse's mouth. Just now. I will call them back tomorrow to confirm, but we both seemed 100% clear in what we were saying. Misunderstanding not likely.

              I haven't tried anyone else yet, but I will do.
              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

              Comment


                #8
                I just called again to confirm. That firm says they changed their policy a couple of years ago and it was their decision - not legislation (at the time, at least). They thought that disclosing address details to individual LLs was not the right thing to do and now they restrict this information to solicitors only.
                There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                Comment


                  #9
                  Please do let us know how you get on with other tracing agents. I would be keen to know if this is now an industry wide policy

                  Comment


                    #10
                    It seems not to be.

                    I have instructed another company via their website to do a trace. This instruction was accepted and it should be ongoing now. There was no suggestion that they would only provide resulting info to solicitors, and I haven't seen anything to say this elsewhere when looking at options. The change in policy seems to be specific to the company I spoke to (the one beginning with 'F').
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      Tell them as you are litigant in person in an ongoing court case that they can't give them to a solicitor, they must give them to you as the Court and service require them.

                      As others have said, this totally removes the whole point of the service. What good is paying for people tracing if you can't then get the information to correctly serve paperwork? Nonsense, escalate and speak to an owner/senior manager.

                      Comment


                        #12
                        I don't think I could force a private company to provide me a service. It's their prerogative.

                        I used another company (which, in response to post #9, I was happy with ; they provided an address which I am sure is the right one, at modest cost and within 24 hours).
                        There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                        Comment

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