I'm trying to get PPI from HSBC from 30 years ago... ut's with the FOS now as they are saying they can't find anything on their records... this is even where there is an actual, original agreement! It's like I've made it all up... Now FOS are asking if I have any bank statements to prove monthly payments... I can't even remember what bank we were with in 1986... I'll let you know how I get on. Good Luck! TB

So, if I serve on the defendant, I enclose a copy of the claim and a response pack… I must also complete a certificate of service… When do I send the certificate of service to the court…? Do I send it at the same time as I serve the documents on the defendant, or do I wait until the court asks me for it…? (In the event that the defendant fails to acknowledge)… TB

Thanks! There's only the one defendant and I filed two claim forms with the court… Still seems to be a 'grey' area as to who should serve… but I think the court should have served as it did not provide any directions to the contrary… Cripes… confusing, innit?! TB

Ahhh… ok got it! Where the court is to serve, the claimant must file a copy for each defendant… I already did this when I filed my claim. But I still don't understand why the court didn't let me know that the service was down to me…as in 6.4 (1) a I didn't notify the court that I wished to serve (b). The court didn't order or direct otherwise. © It goes on to say the the court is to decide upon the method of service. 6.4 (2) 6.4 (1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the court will serve the claim form except where – (a) a rule or practice direction provides that the claimant must serve it; (b) the claimant notifies the court that the claimant wishes to serve it; or © the court orders or directs otherwise. (2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used. (3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served. (4) Where the court has sent – (a) a notification of outcome of postal service to the claimant in accordance with rule 6.18; or (b) a notification of non-service by a bailiff in accordance with rule 6.19, the court will not try to serve the claim form again. It would appear that the court failed to provide directions when it sent me the notice of issue… TB

Does that mean the court should have served and that they have make a mistake in asking me for a certificate of service? I do find it difficult to understand CPR… 6.4; The court will serve unless which provisions are in place, exactly? There can be contradictory rules and then I'm not sure which apply… Then (3) where the court serves the claimant must still send a copy of the claim form to the defendant? So very confusing... TB

Ouch! TB

Point taken! TB

Never understood why you have to pay £8.40 for prescription (in my case, statins) when the drugs cost pennies to manufacture... I think a months worth of simvastatin costs about 90p. TB

Many thanks… I understand now. TB

Many thanks, Bazza… Are there set roes as to who serves claims? I have only seen advice stating that the court is responsible for serving documents on the defendant… I was unaware that I should have served, because the court didn't enclose the response pack. They now say they included it with the notice of issue, but they didn't… and that's why I assumed that they were serving on the defendant. And all the while I was waiting for the defendant to acknowledge and of course, he didn't, because he wasn't served…This is the court's mistake, not mine. I suppose I should have chased them up to see if they had served after 2 weeks… but I didn't feel it was necessary... What a mess! TB

Hello… sorry for being thick… what does this bit mean, please? TB

Thank you… All the info I was able to find online stated that the court usually serves the claim on the defendant… I was unable to find any other info whereby the claimant is required to serve or under which circumstances and because the court did not give me any indication as to whether it had served or not, I just assumed that it had. I'm claiming an amount of money from an individual. TB

Thanks Andy… I had researched online to find out how to make a claim and the general information was that the court served the documents on the defendant, unless as you say, there is no postal address. See here: Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online. The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought. The above is purely an overview of the completion of the initial claim form. If the issue is complex or of high value, then you should seek legal advice. So I just assumed that the court had served, because they had not given directions that I should serve the documents myself and when they sent notice of Issue, they should probably have sent the documents and response back to me and then i would have realised i was to serve the claim myself. Instead of which, I waited for an acknowledgement from the defendant which (obviously) didn't come, then I tore off the bottom strip on the notice of issue form to ask for judgement by default. It was only when the court asked me for a certificate of service that I knew it had gone wrong… So my claim is now delayed by 4 weeks… I will have to serve the claim form again, but directly to the defendant this time, along with a response pack, which I believe I can access online...TB

Many thanks… the title of this thread is wrong… my mistake… I meant to ask who serves the claim form… d'oh! But obviously, I would have realised the need to serve myself if only the court hadn't messed up by not returning the response pack, etc, with the notice of issue… But I have 4 months in which to serve the claim after it has been issued by the court, I believe… TB

Oh dear... I managed to get through to someone and they told me that a response pack was sent with the issue of claim... It wasn't, which is why I'd assumed the Court was serving... Why are the courts so useless...now what?!! TB

Hi Obiter Dictum... I sent the claim forms (x 2) to Royal Courts of Justice, Queen's Bench... (I'm fee exempt, but the claim is for a non specified amount)... The Court issued the claim and as they didn't provide any other directions, I assumed they were responsible for serving the claim on the defendant. I phoned the court a minute ago to try and find out what's going on, but the woman there was clueless... told me to email Enforcement Section, but then gave me the wrong email address and it bounced back.. Do you happen to know the correct email address for QB Enforcement, please? TB

Many thanks! I am sure they must have sent renewal documents… possibly they went astray as the house next door often gets my mail and I get theirs because the house names both start with the same two words and the postman can't be arsed to check the name… or it might be hidden from view in the envelope window… No excuses.. I should have kept my eye on the ball, but I've so much other stuff going on, insurance was the least of my problems… up until recently, anyway… I've got no money for essentials (like food) now that they have raided my bank account. TB

Hello!! I wonder if anyone can help, please? Whose responsibility is it to serve a claim form and response pack on a defendant… the claimant or the court? All information seems to state that the court is responsible; Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online. The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought. My claim was issued by the court 4 weeks ago but he defendant did not acknowledge/respond so I requested judgement by default. However, the court has written requesting a Certificate of Service… I am confused… does this mean I was supposed to serve the claim form, etc., rather than the court? Many thanks for any info... TB

But are 'cooling off' periods relevant in auto renewal...? TB

I'm in a dispute with my insurers over auotmatic renewal... I cancelled too late and when they couldn't take the monthly direct debit payment, they took an unauthorised amount from my debit card for the whole year, whilst cancelling my policy. TB

I closed my joint account where there was an outstanding overdraft.. I set up a direct debit to pay it off. If it's blocked, it's closed anyway, I suppose… I feel that you should have insisted that the debt was joint… but too late now. You signed things, possibly under duress, but a signature, unless it's forged, would provide evidence that you were in agreement with whatever it is you signed.. Yep, the insurer will have a helpline and whilst they won't cover your legal fees for a pre-existing matter, they may be able to advise… worth a try. Good luck! TB

There is no justice, because there are those who can afford to pay for expensive lawyers and those who cannot. They are immediately at a disadvantage ... it is totally unfair. When those who are unfamiliar with the complexities of the law are expected to represent themselves, they often lose cases which they should have won. Not only that, but the courts take advantage of the lack of knowledge and run rings around them in order to clock up more fees... it is wrong, wrong WRONG!!! Everyone should have access to justice, not just those who are fotunate enought to have the money to pay. TB

Hmmm… it's very complicated… Perhaps you should close the joint bank account which the tax credits go into if he is no longer entitled to them…especially if you are no longer in a relationship with him. Have you tried Citizen's Advice? I know they are usually rubbish but they might be able to give you a little help… what you really need is to see a solicitor, I think most will give you an initial half an hour, free of charge… They might be able to advise re the CO which should have been in both your names… The reason he wants the house repossessed, rather than sold, is that he knows that 90% of any equity will go straight to him… and you'll be left with the debt which is still in your name only… you really should get some proper legal advice. TB

I'm currently trying to find out whether insurance firms who automatically renew without authorisation can force the customer to pay a fee when they try to cancel the policy. Did the customer aquiesce to the renewal by remaining silent? TB

But how can the CO be made final without notification of a court hearing? The OP has said there was no notification about the CO, which is why I though it must be an Interim CO. TB Yes… it sounds like an Interim CO… there will be notification of a court hearing for the final CO where you may be able to object. Do you have any equity in the property? TB