Address for service problems...advice requested :)

[Barbarah]

Hello all,

First of all, I want to say a big thank you to you all for creating and running this forum. I need help right now and I am so happy a place like this exists.


So on to my problem.


I was denied boarding on a flight two years ago (a LAN Airlines flight) and put on the next one to my destination - I flew Argentina to Rio. This was five hours later. It caused no end of problems.


I had to take LAN to the Small Claims Court in the UK to get compensation awarded of £700. I won in default and waited six weeks for my payment from them.


Then they had my case struck out based on their address being different to the one I put forward for service.


However, as of the time of the strike out, and several weeks later, they were still advising people on their own website that their address was the one I used, and not their new address.


I have checked and the company did move to this new address when they told the Courts they had, but I still feel very aggrieved because they were advising the public via their website that they were based at their old address four months after they moved offices.


Can I use this information in my case? Having thought I won my case and that they had to pay me the £700 (plus interest) it was duly spent on a holiday for my family during the next six weeks.


Thank you all in advance,


Babs

[Barbarah]

Re: Address for service problems...advice requested

*bump*

[charitynjw]

Re: Address for service problems...advice requested

Hi Barbarah, & welcome to Legal Beagles.

When was the strike-out ordered?

Were you informed by the court of time limits to set aside?

[Barbarah]

Re: Address for service problems...advice requested

Strike out was ordered on 7th February, they were ordered to pay “forthwith.”

6th March they applied for strike out, stating they did not live at the address any longer where the original claim forms, and the default notice were sent.

Their old address and their new one, btw, are five minutes apart on foot. And they were picking up their old mail from the old address, after moving out one and a half months before.

But to this day and after I brought it to their and the Court’s attention, their old address is on their website still. I made a complaint to the ICO about them and even the ICO thing they are still based at their old address when they tried to find said address online.

Babs

[CleverClogs]

Re: Address for service problems...advice requested

What is their address for service, as registered at Companies House? (link)

[charitynjw]

Re: Address for service problems...advice requested

Hi
Did they move after you submitted your claim (was the address you used for them correct at the time you submitted to court)

[Barbarah]

Re: Address for service problems...advice requested

I did check this in December/January.

Companies House shows two current records here (the company numbers are):

FC029342
FC029342

Both show the UK address as their old office address. It would appear they have not updated it with the new address they have been based at since the middle of last December.

But they did change their name to LATAM last November.

But as they cited the default be struck out due to the address issue, and did not mention the name change, I'm thinking this makes them liable?

Charitynjw - They moved to their new address one month before they were served the initial summons to Court.

Thanks so much guys You're making an old girl very happy.

Babs

[charitynjw]

Re: Address for service problems...advice requested

Cleverclogs I love you!

Companies House shows two current records here (the company numbers are):

FC029342
FC029342

Both show the UK address as their old office address. It would appear they have not updated it with the new address they have been based at since the middle of last December.

But they did change their name to LATAM last November.

But as they cited the default be struck out due to the address issue, and did not mention the name change, I'm thinking this makes them liable?

Charitynjw - They moved to their new address one month before they were served the initial summons to Court.

Thanks so much guys You're making an old girl very happy.

Babs

Go get'm, Babs.

As they still show the old address at Co. Hse, that would, I think, give you a reasonable justification to serve the notification as that address.

Oh, & Btw, they are obliged, if on the ICO register, to notify any change.

[Barbarah]

Re: Address for service problems...advice requested

The sneaky so and so's...

So I got the address wrong...they DO have their correct address listed on Companies House's website....

But here's where it gets interesting.

They were served the original claim mid-January. They changed their address with Companies House from the one I used to their new one on February 13th....BUT they were sent the default notice on the 7th February, to the old address...

Then they sent the Courts an application to remove the default on March 6th, due to the "company having moved address mid-December 2012..."

So I believe it is their duty to make sure they pick up their mail from the old address until they inform Company House of the change...and I also believe there are reasonable grounds here for contempt of Court/abusing Court proceedings, as they were probably made aware of the need to update Companies House on receiving the default notice...and said nowt to the Courts...

[Barbarah]

Re: Address for service problems...advice requested

So is my above assertion right? What should i do now? What's my argument?

[charitynjw]

Re: Address for service problems...advice requested

Hi Babs,

I've been out most of the day, so couldn't pick up on this.

I've got a few ideas for potential action, but bear with me while I have a 'word' with some of the others on here.

Back soon [Probably tomorrow, given the time (gone midnight!)]

[Barbarah]

Re: Address for service problems...advice requested

*bump*

[charitynjw]

Re: Address for service problems...advice requested

Hi Barbarah

:tinysmile_grin_t: - I haven't forgotten you.

I have PM'd others to nudge them in your direction - bear with us for a while.

[charitynjw]

Re: Address for service problems...advice requested

*Bump*

[charitynjw]

Re: Address for service problems...advice requested

Cleverclogs I love you!

Companies House shows two current records here (the company numbers are):

FC029342
FC029342

Both show the UK address as their old office address. It would appear they have not updated it with the new address they have been based at since the middle of last December.

But they did change their name to LATAM last November.

But as they cited the default be struck out due to the address issue, and did not mention the name change, I'm thinking this makes them liable?

Charitynjw - They moved to their new address one month before they were served the initial summons to Court.

Thanks so much guys You're making an old girl very happy.

Babs

Hi

Is this the old or new address?

UK Establishment Details

BR014324

LATAM AIRLINES GROUP S.A. LANDMARK HOUSE 2ND FLOOR HAMMERSMITH BRIDGE ROAD LONDON W6 9EJ

30/11/2009

REPRESENTATION OF THE PARENT IN UK