I completed some artwork for a nightclub promoter (should have known) in August of last year and unsurprisingly I still haven’t been paid. We have a mutual friend who initially gave him my details and all discussion was carried out via email. I have a full record of the emails exchanged obviously, his outline of requirements, agreement on a price, initial enthusiasm upon receipt of samples etc until I sent him the low res version of the final artwork at which point he ceased all communication until I asked my friend for his address so I could take him to scc, at which point he has replied in predictably defensive fashion via email.

Only problem is I don’t have a current address for him. I have his full name, mobile number, an email address and I know several of the clubs he promotes at but that’s it. Is it possible in any way to bring a claim to the small claims court without an address? I’ve not had any experience of it. Thanks

I’d be very interested in an answer to this question as well as I want to take someone to the SCC when I may not have a current address (but the scenario is entirely different).

I do have a) the person’s last known address (but they are not responding to letters) and b) their solicitor’s name and address.

I am hoping that a writ can be served via either a last known address or via a third party.

Is it possible in any way to bring a claim to the small claims court without an address?

Pretty sure the answer is no (they have to deliver documents via post).
I’m sure you don’t want to hear it but, TBH this is your fault for not getting the proper contact details in the first place.
You’re also probably stuffed as you didn’t supply the ‘final product’ – unless you agreed charges for the preliminary work.

edit: You’re also out of luck Julian unless you can get an address out of the solicitor, which I don’t think you will.

Unless it’s an established trader I wouldn’t bother.

I worked for 6 weeks for a guy who had a gardening company. He didn’t pay and after a couple of bounced cheques I took him to a small claims court. He didn’t appear or respond so I was granted full judgement.

He still didn’t pay and it can’t be enforced at this stage. I paid again to have a County Court Judgement after which you can get bailiffs in.

The bailiffs went round demanding money. He asked to pay in instalments so the bailiffs left to ask me if this was OK – it was made pretty clear that they thought this was the only chance of getting money so I agreed.

He didn’t pay and then moved house (he was just renting). I was told it that tracing him would cost more money which they probably wouldn’t get back as he would just move again.

I gave up.

If it’s a bricks and mortar business then it’s possibly worth it, but as the gardener said to me “I can’t give you what I haven’t got”. It cost around £500 to get nothing back.

@sharkbait Thanks – I thought that might be the case. Might get a CCJ against the other party at that address but how much good is that?

Any reason why I shouldn’t go to the address and see if she still lives there? No threats, no aggression or anything – just an enquiry?

Is this for graphic design work?

mitsumonkey – Member

Is this for graphic design work?

It is yes.

boriselbrus has outlined what will happen even if you can take him to court and win. Basically you need an address, preferably of a house he owns, otherwise it’s pretty much impossible to get any money and you’ll just be spending more and more on court fees.

SCC appointed bailiffs have very limited powers, and if he doesn’t actually open the door (or leave one unlocked) they’ll give up.
https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-is-due-to-visit-what-to-do-on-the-day/do-you-have-to-let-the-bailiff-into-your-home/
“The bailiff can only use peaceful entry to get in, which means they can’t usually use force.”

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

Julian: email the solicitor and ask if s/he has instructions from their client to accept service of documents.

op: court might allow service by email if you can show they’re still using that address eg recent messages or new flyers showing he’s still using that addy. Don’t know procedurally how you ask for that leave tho

Pretty sucky but it does happen. You might need to be prepared to write it off and treat it as a life/business lesson. I try to aim for 50% upfront. That are least puts some money in your pocket if it all goes wrong. Not always possible if you want the job and sometimes you just have to trust your gut.

Courts are designed and intended to work you can apply to serve via email or on a different address. It would be a matter of filling in a general application form explaining the problem and what you wanted to do about it . I saw a report of someone serving via Facebook the other day. The county court staff are usually pretty helpful.

@konabunny Many thanks- will give it a try

Well he’s emailed me today agreeing to pay in full, next Tuesday. Suspicious guy is suspicious. But I will remain optimistic until then.

I should certainly have nailed him down at the start but it was for a relatively small amount and should have been a straightforward transaction, I gave him the benefit of the doubt because of my friend, against many years of experience I guess.