Hi, total noob here.
I have received a letter with the address PO Box 300 NN1 2TX with the word defendant clearly visible inside the window.
It is addressed to my sister who lives in Australia and has done for 15 years. She has a property in the UK which until it was up for sale some time ago, was rented out. When the property went on the market she entrusted a friend to deal with it who must have put my address as a forwarding address for her water bill, but only the water bill. Now as I’m a good sister I paid I think 3 bills then by the time the fourth arrived I had got a bit annoyed as I’m on disability benefits and can ill afford her bills let alone my own! Plus my sister and I had one of our many and frequent falling out 🙄
I therefore phoned the water board and told them the above to which they said they would remove my details and address from their system.
This is the only bill I have received for my sister at my address so I can only assume this letter is related to this. I read else where on here just now that the envelope should not be returned to sender, is this correct? I think the post I read related to a husband who got the letter addressed to his wife but I’m unsure whether they are still together or not but suspect that if my sister has never lived at my address it shouldn’t be a factor and I should just return to sender.
I just want to clarify that I won’t get in any trouble for having paid the previous bills, assuming this is related to the water bill and also that I won’t be doing something illegal or otherwise by returning to sender.
I hope I am making sense! MTIA.
PS Sorry, I meant to add will my address be now hit as a bad debtor as I’m only renting and the landlord is my brother so same surname all around 🙄
Stop worrying!!!! lol. If the letters arent addressed to you why are you opening them? Just cross out name and address on letter and mark it not known at this address. I marked my last voting card unwanted junk mail return to sender and they took me off there list. Pike would have been very pleased with this as he didnt want to go on there list!!!! Oldies will only understand this take care Steve. ps NO why would your address be on a bad debters list you pay your own bills dont you?
Many thanks for your reply 🙂
As I said, the letters previously were bills and as a good sister I paid them. Plus my sister has very poor health and is constantly in and out of hospital.
I also am worried because we have the same surname as does my brother with his wife having the same first and last name as my sister, just to add to the confusion which, yes,, I realise I forgot to add. I don’t want either of them to get in any trouble for this if I just return to sender and this not being the right course of action legally, I’m not one to not follow the law or not do what is morally right 😳
How do you know the letters not for your sister in law then if they have the same name?
Plus they are County Court Claim documents, which are deemed to be served 5 days after issue, so it doesn’t matter if they are returned to the Court NNATA as they are still deemed to have been served.
After 14 days of not receiving a response to the claim the claimant can apply for a Judgment by Default, followed by enforcement action xx
The letter is addressed to Miss not Mrs and there haven’t been any other correspondence in my sister in law’s name but even if there had been it would be jointly with my brother With regards to financial matters.
Can a court still enforce this document even if they are in error regarding the address? I have already told the water board my sister does not live here and they should address letters to the address where the water is supplied.
Yes they can, it needs dealing with not returning to sender, otherwise the next thing you know you’ll have irritating bailiffs turning up and harassing you.
So to clarify, I shouldn’t just return to sender? Should I open it then? By the time my sister receives it in Australia she could end up in even more strife.
It just gives the claimant the opportunity to get a Judgment by Default, as for the best thing to do… not 100% sure, the best thing might be for your sister to dispute the courts jurisdiction ( in that she lives in Austrailia and the UK Court should have served the papers to her at her home address in Austrailia). You acknowledge service of the claim disputing the Courts Jurisdiction – that’s covered by Civil Procedure Rule 11
Thanks for your replies Tiggy.
Sorry, I have my wrong head on today, could you please explain what you mean by this last part of your post please
You acknowledge service of the claim disputing the Courts Jurisdiction – that’s covered by Civil Procedure Rule 11
I have looked at the link you provided me and it’s all greek to me I’m afraid. Should I be the one acknowledging service of the claim or would that be my sister, who more than likely won’t get the letter by the deadline set if they count from 5 days prior.
Technically, it should be your sister, but you can do it for her using the on line system. Or she can log in and do it herself, it is a claim made against her after all xx
So it’s doable online, thank you so much. I’ll email her and let her know.
It might be worth calling the Court on Monday and explain the situation and asking them how this claim should be dealt with, because really the papers should have been served on your sister ‘out of Jurisdiction’.
I will do that, thanks for all your help Tiggy.