Small Claim - Serve by Email

[MJN129]

Hello,

I need to issue a claim through the small claims court for the recovery of monies owed (money paid to a graphic designer, who them promptly ceased all contact)

The issue I have is that they are a UK citizen resident in Spain. I believe I have found a recent address, however I cannot confirm if they are still there. They offer a house sitting service, so there will be no rental agreement linking them to the address. On this basis, is it possible to send the claim by e-mail, or even facebook?

Thanks in advance,

Mark.

[wales01man]

Re: Small Claim - Serve by Email

Unlikely

[nemesis45]

Re: Small Claim - Serve by Email

Hello,

I need to issue a claim through the small claims court for the recovery of monies owed (money paid to a graphic designer, who them promptly ceased all contact)

The issue I have is that they are a UK citizen resident in Spain. I believe I have found a recent address, however I cannot confirm if they are still there. They offer a house sitting service, so there will be no rental agreement linking them to the address. On this basis, is it possible to send the claim by e-mail, or even facebook?

Thanks in advance,

Mark.

You could have a claim issued to the " last known address" if they fail to respond apply for summary judgement then a European Enforcement Order.

nem

[FlamingParrot]

Re: Small Claim - Serve by Email

I need to issue a claim through the small claims court for the recovery of monies owed (money paid to a graphic designer, who them promptly ceased all contact)

The issue I have is that they are a UK citizen resident in Spain. I believe I have found a recent address, however I cannot confirm if they are still there. They offer a house sitting service, so there will be no rental agreement linking them to the address.

Have they been resident in Spain since you started dealing with them or did they previously live in the UK? To use MCOL the person you are suing must have an address in England or Wales. Under CPR 6.9(2), the claim form must be served to the defendant's usual or last known address.

If they used to live in the UK, the claim can be served at the address you had before they moved away and when they fail to respond, you can apply for default judgment.

On this basis, is it possible to send the claim by e-mail, or even facebook?

No, you may want to look at Part 6 of the CPR with regards to service: https://www.justice.gov.uk/courts/pr...les/part06#6.3

[nemesis45]

Re: Small Claim - Serve by Email

Hello Mark, did you have their bank details to make the payment?
Sometimes you can ask a bank to pass on letters to customers, a letter
before action could be sent in this way.

nem

[des8]

Re: Small Claim - Serve by Email

Not sure that I would agree on obtaining judgement by default by serving on last known address, when you know he is out of the country.
Firstly a CCJ cannot legally be obtained against a debtor who is not a UK resident
Secondly if you get your judgement by default, and then go for enforcement have you considered the cost, especially if the defendant objects!

Perhaps you should consider using the European Small Claims Procedure https://e-justice.europa.eu/content_...laims-42-en.do

[FlamingParrot]

Re: Small Claim - Serve by Email

Not sure that I would agree on obtaining judgement by default by serving on last known address, when you know he is out of the country.
Firstly a CCJ cannot legally be obtained against a debtor who is not a UK resident

This is a bit of a tricky one, which is why I asked whether he used to be a UK resident. If the graphic designer just stopped communicating with the OP as he says they did, then they'd have no way of knowing they were out of the country. It would appear that all the OP has to go on is something he's found on the internet to indicate that the defendant may be in Spain, rather than any certainty. Of course if the defendant was living in Spain from the start then there would be no argument for serving a claim to a 'last known address' in the UK. :mmph:

[wales01man]

Re: Small Claim - Serve by Email

Abuse of process? If the claimant knows that the defendant has moved and maybe has no evidence the defendant actually resided at the address

[MJN129]

Re: Small Claim - Serve by Email

Thank you for your comments so far. To clarify some points:

I have been dealing with the graphic designer for two years previously and was very happy with their work. I knew at this time that they lived abroad, and this was not an issue.

They left the UK in 2009 and have lived in 8 different properties since then. This is clear from the information on their website advertising their house sitting / maintenance service. Again, this is how I know they are still in Spain (plus I paid the money into her Spanish bank account). NEM - I have just seen your comment and will look into this.

I believe I have their latest address from information they mentioned on their website, along with images they posted and cross referencing with Google earth. Whether they are still there at this time I cannot be certain. I may send a package by DHL or similar to this address and see who signs for it.

I will look into the European Small Claims Procedure tomorrow.