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Hi
I have a joint ccj against an ex tenant and the guarantor. Both are aware of the debt. The claims were sent in January 2018.
Both ccjs were then obtained by default.
I sent the ex tenants claim form to a forwarding address he gave me in June 2014, when he vacated the property. I have since had a notice from the court of unserved claim form but believed it to be sent validly, so as advised, ignored it.
I sent the guarantors claim form to the address on the guarantor deed. This was confirmed as being his address on electoral role in June 2017 by a solicitor. If I look on 192.com now the guarantor is still being shown at this address. I believe he owns this property and there has been no sale of this property since he filled in the guarantor form.
I got the hceo involved but they are getting no answer at the guarantors address, but could find no proof that the guarantor does not reside at the address. All they received was a telephone call from the guarantor claiming that he doesn’t reside there. If it is the case that he doesn’t reside there then the notice of enforcement left at the premises must have been passed onto him by the current occupant.
I actually believe the current situation to be that the guarantor rents and lives in another property, (as he is also shown on 192.com as residing there) which I have the address for, but still has close relatives (son) living in the original property.
The hceo informed me that their internal tracing team could not find alternative addresses for either defendants.
As the hceo are getting nowhere I now want to raise an order of information against the defendants. However do you think they could argue the claim was not property served? The case itself I believe they could not defend, as my evidence is compelling..so even if they argued incorrect service of the claim form I don’t think they could argue and defend the case itself.
If I can raise an order for information, I think I will try and do my own search on both, so that service will be deemed certain.
Thanks for any help.
I have a joint ccj against an ex tenant and the guarantor. Both are aware of the debt. The claims were sent in January 2018.
Both ccjs were then obtained by default.
I sent the ex tenants claim form to a forwarding address he gave me in June 2014, when he vacated the property. I have since had a notice from the court of unserved claim form but believed it to be sent validly, so as advised, ignored it.
I sent the guarantors claim form to the address on the guarantor deed. This was confirmed as being his address on electoral role in June 2017 by a solicitor. If I look on 192.com now the guarantor is still being shown at this address. I believe he owns this property and there has been no sale of this property since he filled in the guarantor form.
I got the hceo involved but they are getting no answer at the guarantors address, but could find no proof that the guarantor does not reside at the address. All they received was a telephone call from the guarantor claiming that he doesn’t reside there. If it is the case that he doesn’t reside there then the notice of enforcement left at the premises must have been passed onto him by the current occupant.
I actually believe the current situation to be that the guarantor rents and lives in another property, (as he is also shown on 192.com as residing there) which I have the address for, but still has close relatives (son) living in the original property.
The hceo informed me that their internal tracing team could not find alternative addresses for either defendants.
As the hceo are getting nowhere I now want to raise an order of information against the defendants. However do you think they could argue the claim was not property served? The case itself I believe they could not defend, as my evidence is compelling..so even if they argued incorrect service of the claim form I don’t think they could argue and defend the case itself.
If I can raise an order for information, I think I will try and do my own search on both, so that service will be deemed certain.
Thanks for any help.
