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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am sueing someone over monies owed. He lives locally though

Customer Question

I am sueing someone over monies owed. He lives locally though he has a spanish passport. He has returned the claim form stating its out of jurisdiction though he lives in the same town as myself and has assets too.
I now have form N510 to complete and I am unsure as to which box to tick out of the 9 options it is giving me.
Can someone help.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

Did the debt arise in the UK or abroad?
Customer: replied 3 years ago.

Hello Alex, the debt arose in the UK whilst working for me. And I know for sure that he lives in the UK based on the address he's been writing down on his invoices.

Expert:  Alice H replied 3 years ago.
Thanks.

As far as I can see jurisdiction is not an issue.

If the debt arose in the UK and he continues to reside here then service out of the jurisdiction is not an issue.

Form N510 is not needed where the defendant is in the UK.

Presumably you gave his UK address for service?
Customer: replied 3 years ago.

I did give his uk address.


I believe he told the court that he has moved just to get away with it. Following this, the court has ruled that the claim is stayed until I complete and return form N510.

Expert:  Alice H replied 3 years ago.
OK.


So do you know his new address? Which country is it please?
Customer: replied 3 years ago.

That's the problem. He is still residing at his address in the UK. I have not been given a new address. All I know is that he comes from Portugal so he must have just said to the court that he has gone back to his parents home. Although I have spotted him still living at his uk address. His car is also parked outside his house.

Expert:  Alice H replied 3 years ago.
OK.

I think there is a straightforward solution to this. I will need to check some information and come back to you a little later. Is that OK?
Customer: replied 3 years ago.

No problem, I will wait to hear from you

Expert:  Alice H replied 3 years ago.
Sadly the regulations I have been looking at require you to identify an address for the defendant. I am therefore unable to give you any further assistance in the absence of a country of residence. I am going to opt out so that another expert can have a look at this question to see if they can assist.
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I am happy to wait for an answer

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

The defendant lives in the UK but is claiming that he lives in Portugal

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

How have proceedings been served please?

Customer: replied 3 years ago.

A small claim was issued to him at his uk address. I got a response from the court stating that the claim is stayed until I file form N510.


 


He filed a change of address to the court and gave his Portugal address although he is still residing at his uk address.


 


Please tell me which box I should tick on the N510 form.

Expert:  Ash replied 3 years ago.
Did the court serve the claim form?

Customer: replied 3 years ago.

What do you mean by that?

Expert:  Ash replied 3 years ago.
Did the court post the claim?

Customer: replied 3 years ago.

Yes they did. By post.

Expert:  Ash replied 3 years ago.
And did the court produce an order regarding service or was it just a letter?

Customer: replied 3 years ago.

First of all I got a letter from Northampton county court stating that the case had been transferred to Slough county court.


Then I received a second letter from Slough county court stating that it has ordered that the claim be stayed until the claimant (myself) files form N510

Expert:  Ash replied 3 years ago.
OK - You need to apply to vary that order.

You need to complete form N244 because you can show which is the Defendant's last known or usual address.

Complete form N244 together with a cheque for £45 which is the fee.

You really dont want to do the form N510 because that is only if you want to enforce a Judgment in Spain - you don't as this person lives in the UK.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Please allow me to have a look at this form and I will get back to you if I need further help. Hope that's ok.

Expert:  Ash replied 3 years ago.
OK.

Alex

Customer: replied 3 years ago.

Hello Alex,


 


On this form N244, it is asking me if I am attaching a draft of the order that I am applying for. What does this mean?


 


Do I send proof of the defendant's UK residency along with the form or do I wait to hear back from the court. The form also asks me if I want the application to be dealt with at a hearing or without a hearing. Not sure what to put there.

Expert:  Ash replied 3 years ago.
Draft order - dont worry about that.

Yes send proof of residency and tick without a hearing.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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