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So, Andrew Turek, to take a hypothetical example. I issue a claim against Mr Andrew Turek, of 112 Downing Street, London, EC11 1AB, particulars of claim stating "The Defendant owes the sum of £9,834.57 relating to services rendered and / or goods supplied and / or money owed as set out on invoices previously sent and / or statements of account. Interest is claimed at 8% per annum..."

(NB That formula of particulars of claim follows to the letter one used by a large bulk issuing firm of solicitors that sends out thousands of these each year).

I sign a declaration saying "No written address was ever given by the defendant as there was no written contract, but the address given is the one s/he gave us and s/he has not given us notice of any change since then".

I then trace your correct address and institute some form of enforcement, which updates the registry trust records and puts you on a credit blacklist.

You'd be happy in such circumstances to hand over the best part of £10,000 to the court funds office, just for the right to have an application for set aside considered in four months time by the Central London County Court (assuming they don't lose your application at least twice, which of course they will)? And it's a small claim so you don't get any costs. Or even if you do, you may be a litigant in person and not wish to instruct solicitors, and an LiP wouldn't get awarded anything by a DJ for something like this other than £100 for the day off work.

And then, once the judgment is set aside, it could be another 9 months before the hearing takes place at which you ultimately win and get your cash back. Plus interest at Court Funds Office rates which are 0.1% per annum?

How can that be fair. Your are presumptively supposing that any claim issued has merit, which is far from the case.

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