Misinformation on claim form

[Daisy belle]

Can someone use a previous address on a claim?
They no longer own the property. They did not own the property on the date the claim was filed.

Is there any reason the court would grant permission to use a previous address?

[Daisy belle]

Anyone?

[Daisy belle]

Also, if someone hasn’t sent the acknowledgment form how do you acknowledge the claim to the court?

[des8]

The claim can be served at usual or the last known residence of the defendant (CPR 6)

Perhaps if you give more detail you will have more responses

[Daisy belle]

Sorry. I apologise for not being clearer.

I am the defendant.
The Claimant (litigant in person) has used THEIR previous address on the claim form served upon me.
They have not included the Acknowledgment of Claim in the pack sent to me.

hope that’s clearer.

[ostell]

If it's MCOL then you acknowledge online.

It is their problem as they will not receive the documents that you send to them, and you can show you sent them by the certificate of posting from a post office.

[Daisy belle]

Don’t think it was MCOL. There’s no claim number only a QB number

[MIKE770]

Put copy up here blank out your details does it state N1 on blue form

[Daisy belle]

Yes it says N1 at the bottom.

[des8]

To be served properly the claim form should have been accompanied with a "response pack", which includes an "Acknowledgement of Service", form N9(CC). (https://www.gov.uk/government/public...ent-of-service)

That needs to be returned within 14 days of service.

If the claim was improperly served you can make an application to the court to have the claim stopped. The application has to be made on Court form N244,(https://www.gov.uk/government/public...ication-notice) and should be accompanied by a witness statement. A fee is payable when the application is made.

[Daisy belle]

There was everything except the acknowledgment form.
long story but I believe them to be a vexatious litigant. Theres no truth in the claim. It’s a disgruntled person who has taken a dislike to me.
Hence they used their previous address on the claim form. The POC hasn’t been submitted to court, just to me. The claim is currently stayed.

[des8]

why is the claim stayed?

[Daisy belle]

Because they haven’t filed the POC to the court, just to me.

[jaguarsuk]

If I were you I’d apply to strike out the claim pursuant to CPR 24.2 (a)(i) on the grounds that without filing a particulars of claim the claimant has no real prospect of succeeding on the claim.

You may back this up in the witness statement with the fact that the copy served upon you by the claimant was deficient in not containing a complete response pack to enable you to deal with it.

It’ll cost you £255 to apply on form N244 and you should ask for the costs of the application be awarded to you by way of wasted costs.

[Daisy belle]

Thank you. That’s really helpful. I’ll look into this.
would you also recommend I put other information on the witness statement, for example, I didn’t ever receive a ‘Letter before Claim’