Address for service problems...advice requested :)

[Barbarah]

Re: Address for service problems...advice requested

That's the new address. Old address/address. change can be seen here:

Ah you can't link to it...if you search on companieshouse website using their company number, then click on the UK address link, youll see it.

Is this forum searchable on Google?

[charitynjw]

Re: Address for service problems...advice requested

That's the new address. Old address/address. change can be seen here:

Ah you can't link to it...if you search on companieshouse website using their company number, then click on the UK address link, youll see it.

Is this forum searchable on Google?

Yes

http://www.google.co.uk/#output=sear...w=1280&bih=933

[charitynjw]

Re: Address for service problems...advice requested

? - Both of these show the same address

FC029342			LATAM AIRLINES GROUP S.A.
BR014324			LATAM AIRLINES GROUP S.A.

[Barbarah]

Re: Address for service problems...advice requested

Sorry, on each company page, top right there arec2 yellow buttons, click order information on this company, address change is there!

[charitynjw]

Re: Address for service problems...advice requested

Sorry, on each company page, top right there arec2 yellow buttons, click order information on this company, address change is there!

:okay: - I hope you've ordered a copy!

[Barbarah]

Re: Address for service problems...advice requested

I have it...what's the argument?

Babs

[charitynjw]

Re: Address for service problems...advice requested

I have it...what's the argument?

Babs

Hi Babs,

It's best not to rush this - my thoughts so far:-

I'm assuming that this is 'small claims'. (Please confirm). (Ooops, i've just re-read the thread - post #1 - my bad!)
If so, it is largely governed by Civil Procedure Rule (CPR) 27.
http://www.justice.gov.uk/courts/pro...l/rules/part27
As you can see from CPR 27.11(2), you would usually have 14 days to appeal the strike-out.

The court has a duty to apply the Overriding Objective (CPR Part 1) which, amongst other things, seeks to reduce court costs (a current topic of some importance). It also aims to deal with cases 'expeditiously'.
http://www.mablaw.com/2012/10/the-me...-and-cpr-39-3/

However, other CPR rules are applicable.
Although you can apply for a set-aside, in your case it is at the court's discretion.
http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf

But
http://www.mablaw.com/2012/10/the-me...-and-cpr-39-3/

So, you need to convince the court that the reason to set-aside is compelling enough.
It is worth taking a little time to compile evidence, case law etc to support your appeal.
Fairclough Homes Ltd v Summers [2012] UKSC 26 is interesting.
http://www.rfblegal.co.uk/latest-new...2-uksc-26.html

http://www.supremecourt.gov.uk/decid...2_Judgment.pdf
"33. We have reached the conclusion that, notwithstanding the decision and
clear reasoning of the Court of Appeal in Ul-Haq, the court does have jurisdiction
to strike out a statement of case under CPR 3.4(2) for abuse of process even after
the trial of an action in circumstances where the court has been able to make a
proper assessment of both liability and quantum. However, we further conclude,
for many of the reasons given by the Court of Appeal, that, as a matter of
principle, it should only do so in very exceptional circumstances."

48. It is in the public interest that there should be a power to strike out a
statement of case for abuse of process, both under the inherent jurisdiction of the
court and under the CPR, but the Court accepts the submission that in deciding
whether or not to exercise the power the court must examine the circumstances of
the case scrupulously in order to ensure that to strike out the claim is a
proportionate means of achieving the aim of controlling the process of the court
and deciding cases justly.

I'm thinking perhaps CPR 3.4(2) - abuse of process (Misleading the court with a spurious, last minute defense)
& the other party was under a continuing duty to inform the court & yourself of any changes.
This could enable you to apply for 'wasted costs' - I think the current rate for an LIP is £18/hr + expenses.
[CPR 27.14(g)]

But I would welcome further & better input on this (Hint Hint, folks!) :help:

NB - Have you tried ADR (mediation)? At this stage, I would imagine the other party will flatly refuse - another nail in their coffin - shows 'unreasonableness' (is that a word, lol!)

**(Reminder to myself - Without prejudice save as to costs Calderbank offer?)

[Barbarah]

Re: Address for service problems...advice requested

Thanks Charitynjw!

And also, sorry - I should have told you this sooner – I did
put in an application to appeal the striking out of the default order, on the
grounds that I know that the Defendant’s new office was five minutes walk away
from their old one, they were picking up mail regularly from there, they
contacted me about the claim within days of the date of service (proving they
were receiving mail), and also because they were (and still are) listing the
old address on their website.

I omitted the Companies House thing at the time because it
showed their new address, not the date of the address change on the website
(thought I was going barmy in my old age).

I hope I didn’t put you to all that work about promptness
for no reason – did you post it in regards to their being prompt in reaction to
the default, or was it for my benefit re: appealing the striking out of the
default?

The application I put in is to be heard in August.

Hope this helps…

p.s. the Defendant also appealed due to their having “a
strong case and chance of winning” as well as citing the address problem.

[charitynjw]

Re: Address for service problems...advice requested

Thanks Charitynjw!

And also, sorry - I should have told you this sooner – I did
put in an application to appeal the striking out of the default order, on the
grounds that I know that the Defendant’s new office was five minutes walk away
from their old one, they were picking up mail regularly from there, they
contacted me about the claim within days of the date of service (proving they
were receiving mail), and also because they were (and still are) listing the
old address on their website. Ok

I omitted the Companies House thing at the time because it
showed their new address, not the date of the address change on the website
(thought I was going barmy in my old age).

I hope I didn’t put you to all that work about promptness
for no reason – did you post it in regards to their being prompt in reaction to
the default, or was it for my benefit re: appealing the striking out of the
default? For you, as the normal time limit for appeal is 14 days.

The application I put in is to be heard in August. Good - don't have to worry about an 'out-of-time', then!

Hope this helps…

p.s. the Defendant also appealed due to their having “a
strong case and chance of winning” as well as citing the address problem. The court doesn't seem impressed with their 'strong case' if the appeal is allowed. Were you within the 14 days?

Has the court issued standard/special directions?

[FlamingParrot]

Re: Address for service problems...advice requested

Thanks Charitynjw!

And also, sorry - I should have told you this sooner – I did
put in an application to appeal the striking out of the default order, on the
grounds that I know that the Defendant’s new office was five minutes walk away
from their old one, they were picking up mail regularly from there, they
contacted me about the claim within days of the date of service (proving they
were receiving mail), and also because they were (and still are) listing the
old address on their website.

I omitted the Companies House thing at the time because it
showed their new address, not the date of the address change on the website
(thought I was going barmy in my old age).

I hope I didn’t put you to all that work about promptness
for no reason – did you post it in regards to their being prompt in reaction to
the default, or was it for my benefit re: appealing the striking out of the
default?

The application I put in is to be heard in August.

Hope this helps…

p.s. the Defendant also appealed due to their having “a
strong case and chance of winning” as well as citing the address problem.

These are the two key arguments when applying for a CCJ to be set aside, the defendant will have to show the court that the claimant should have known the right address to serve papers to, and that they have a solid defence, otherwise it will defeat the purpose of the set aside if it all went back to square one!

From what I've seen above, the address issue is taken care of as per your paragraph above. The main issue here is whether they can defend your claim of compensation in the amount of £700. As far as I know, the Denied Boarding Regulations relate only to flights to/from EU airports where compensation levels are set at fixed rates: http://www.which.co.uk/consumer-righ...-compensation/

[charitynjw]

Re: Address for service problems...advice requested

Thanks, FP

Further to the address issue, I wonder whether it's worth phoning/emailing these guys - http://www.royalmail.com/personal/he...edirected-mail

If there's any chance that they will play ball & give dates of redirection, it would be good further evidence of the 'porkie-pies'!

[Barbarah]

Re: Address for service problems...advice requested

Okay…

So it seems that there are no special directions (or
directions at all, I think…it’s just an application hearing).

Two quick questions:

1) Applications to strike out default judgements are said to
need to be made promptly. The other side knew about the default judgement for
four weeks before sending theirs in. Grounds here for asking it to be
overturned based on lack of promptness?

2) Can the other sides deviousness/lies not be used as
grounds for their not being able to defend their claim? i.e. they cannot be
trusted, they know they don’t have a case…etc…

Thanks!

Babs

[charitynjw]

Re: Address for service problems...advice requested

Ok.

The timeline on this is a bit vague.

Could you state

Date of your original claim/acceptance by court
Allocation date for the hearing/track
Date of strike-out
Date your appeal was accepted
Any other pertinent info.

[Barbarah]

Re: Address for service problems...advice requested

Okay...

Date of your original claim/acceptance by court - January 17th

Allocation date for the hearing/track - it never got this far

Date of default because claim was not acknowledged - February 1st (sent to both parties February 7th)

Date they changed address with Companies House - between February 11th and 13th (I can prove they read the default notice on February

Date of strike out of default application - March 6th

Date of strike-out - a week later

Date your appeal was accepted - May (huge backlog and other admin problems which were down to the Courts). Scheduled for a fifteen minute hearing in August when I can attend...

Here are the directions from the Court:
In response to your e-mail dated 4th June, and 22nd June 2013 I am to inform you that the e-mail was referred to the District Judge who has stated that"1, The application is being heard on 15th August 2013.2. Depending on whether the Claimant is successful or not, the Court will then consider giving directions on the merits of claim, or struck out the claim together on having no substance in law".

There is also a (second) default application to be considered as the Defendant did not file their defence in time, but this appears to be because the Court sent the notice of their successful strike out application to their old address (although they found this out two weeks before filing their defence anyway, this making the defence over two weeks late).

One more question to add to the two above, which I'll post again for ease of reference:

1) Applications to strike out default judgements are said toneed to be made promptly. The other side knew about the default judgement forfour weeks before sending theirs in. Grounds here for asking it to beoverturned based on lack of promptness?

2) Can the other sides deviousness/lies not be used asgrounds for their not being able to defend their claim? i.e. they cannot betrusted, they know they don’t have a case…etc…

3) Do I have a right to ask for the money I spent thinking my claim as being paid to be returned by the Defendant, considering the address issues?

Thanks,

Babs

[Barbarah]

Re: Address for service problems...advice requested

*BUMP*

So, regarding the service address issue...

What is an individual’s “last known residence”?See CLM ¶59430, ¶81870Service on an individual, for the purposes of serving civil proceedings, where no address has been given must be carried out at the individual’s usual or last known residence (r 6.9 CPR). In this case liquidators brought misfeasance proceedings against a former director of the company in liquidation, JB. *The liquidators served the proceedings on JB using the address that had been filed at Companies House when he was registered as a director. *However, JB was no longer resident at that address when the proceedings were served. *JB’s wife and children still lived there but, following an acrimonious divorce, his wife did not forward mail onto him. *Furthermore, even though JB’s father was also a party to the proceedings, as a director of the company, the father was not on speaking terms with his son and did not inform JB of the proceedings. *JB did not attend the trial at which judgment was given against him. *When JB became aware of the proceedings he applied to have the judgment set aside. *He contended that he was never served with the proceedings and had a complete defence to the claims.The court held that serving proceedings at an individual’s last known address involves the concept of knowledge rather than belief. *The liquidators were entitled to rely on the address filed at Companies House for the former director as “knowledge” rather than “belief”. *They had no reason to believe that JB was no longer resident at that address and so had no obligation to make any further enquiries. *Accordingly, the proceedings had been validly served on JB.Re Broadside Colours and Chemicals Ltd (No 2), Brown & anor v Button & ors [2012] EWHC 195 (Ch)