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: 2849
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, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice