I have recently dealt with a case involving Hoist Portfolio where they issued a claim against the customer in circumstances that can only be described as downright outrageous.
So the story goes like this, consumer tells Hoist they’ve moved, Hoist write to consumer at the new address, consumer is on electoral roll, consumer registers all accounts with banks at new address. Hoist however,issue a claim against the address they knew the consumer moved from some 15 months previous.
As a result Judgment gets entered against consumer.
Fortunately the Consumer contacted us and an application to set aside was drafted promptly and lodged with the Court. The application seemed to focus Hoists minds, as the judgment was set aside by consent and the claim promptly disappeared never to be seen again.
The argument used was that the Judgment must be set aside under CPR rule 13.2 as the Claim had not been served correctly thus the time for filing the Acknowledgement of Service had not started to run, thus Judgment could not be entered.
Plus, under CPR 6, the Claimant has a duty to carry out reasonable checks to ensure that the address used for service is the correct and most recent address, it was clear that Hoist knew that the address they used was wrong, the evidence showed this clearly yet they still issued on the old address.