Question re Service of Claim Documents ('Last Known Address')

[SoPerplexed]

I am advising a friend who has started a small claim against a former lodger who moved out suddenly, leaving rent arrears. I am a bit confused about the new rules for service of documents.

The rules state that where the current address of the defendant is unknown, it is permitted for the claimant to use the defendant's 'last known address'. However, recent changes to the rules say that where the claimant has reason to believe that the defendant is no longer at that address (which is obviously pertinent to this case, because the lodger has moved out), the claimant should take reasonable steps to find out what the defendant's new address is.

Question 1: What 'reasonable' steps might the claimant be expected to take in this case to find the defendant's new address? Would an email to the defendant be sufficient?

Question 2: Should we ask the court for permission to effect service by an alternative method, since we have the defendant's email address? We could scan and email her the documents.

Question 3: Or, should we just do nothing, wait a few weeks until the defendant's time for responding has expired, and then ask for a summary judgement so we can start enforcement proceedings?

There is no need to say anything about enforcement in your answers, because we already know the defendant's bank details (for a Third Party Debt Order) and her employer (for an Attachment of Earnings order). We just need to make sure she cannot cause delays to the process later on by claiming that the documents were not served properly.

Thanks!

[woofgang]

Is it worth enough to try to find her through one of the online person searches ?
If she's not there, at least you could say you had looked.

[SoPerplexed]

Woofgang, the only online person search in the UK I am aware of is 192.com, which costs quite a lot of money, particularly when we know the defendant won't be on the electoral register in her new home just yet. We were thinking we could just send her an email asking her for her new address. She is very unlikely to give it to us, or even to respond, but at least we could show the court that we had tried to find out.

[woofgang]

I didn't think you'd find her that way but at least you good prove best efforts. I know its expensive...which is why I said was it worth it?

[factor-fiction]

You could try emailing but if the person never responds there is nothing you can do. They may have changed email address anyway

[Walruss]

I would be inclined to visit the last address and speak to neighbours. Google the name. Don't spend money on searches. The Court cannot expect you to incur any further costs. It's bad enough paying the Court fee. How about calling them at work or trying to get the info from the employer. Ensure that you have written to them by recorded delivery. They may have a redirection in. Did all mail you have sent come back to you?

The question of how much you did will only come into it if they put in an application to have the CCJ set aside and at that stage you will have to prove that you have done all you reasonably could be expected to.

I will mention enforcement only to say that Attachment should be the very last resort as Judges are inclined to allow ridiculously low rates of repayment terms.