How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

I am a claimant in a small claim I initiated through Money

Resolved Question:

I am a claimant in a small claim I initiated through Money Claim On-line. The defendant's solicitor is making a big deal/questioning whether I still live in the UK. (The defendant is a removal firm who ripped us off in the course of moving us to Spain.) The facts are that I live most of the time in Spain. I have a UK address where I lodge when I need to be in the UK and is the service address for the claim. What do you think the reason is for him banging on about the address/residency issue?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
What stage has the case reached?
Expert:  Alice H replied 2 years ago.
The defendant may be taking issue with the address for service. The rules are found unde Part 6 of the Civil Procedure Rules. But I need more information from you in order to be clear about this: what stage has the case reached? Also is there any reason why you do not wish to give your Spanish address for service of documents?
Customer: replied 2 years ago.

Hi - I believe I have read somewhere on the money claim on-line website or somewhere in the linked guides (although I admit I can't immediately find it) that you need to have a UK address to use the service. Other than that I have no problem with any address UK or Spanish. The claim has been initiated by me and the defendant's solicitor has filed a defence. We have a mediation session set up for the New Year (not much hope given the attitude of defendant and representative!). I started the case using my old uk address as the service address. I have now changed my address details on money claim on-line to the uk address I lodge at when in the uk. I have advised the defendant's solicitor that this is my current uk address. He still seems unhappy! Smile

Expert:  Alice H replied 2 years ago.
Thanks.
Whether the defendants solicitor is happy or not is immaterial but it's essential that you comply with the Civil Procedure Rules to ensure your claim is not stayed or struck out.
Rule 6.23 states under section 1: A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
Rules 6.23 also states under section 2: The address can be a the address of a solicitor within the UK or an EEA state. Where there is no solicitor the address must be the address within the United Kingdom at which the party RESIDES or CARRIES on business; or an address within any other EEA state at which the party RESIDES or CARRIES on business.
(Emphasis added by me).
Therefore, part time lodgings is unlikely to fall within the definition of residence or a place where you carry on business. Your residence is the address in Spain.
There are two ways round the problem: 1. Instruct a solicitor to accept service either in England or Spain 2. Give your address in Spain for service.
As as I say the issue probably related to the temporary nature of the lodgings which the solicitor may argue contravenes the requirement under Part 6.23.
Hope this helps.
Alice
Alice H and 2 other Law Specialists are ready to help you