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  1. I made a complaint to the NHS against my dentist about the quality of his work concerning my crown. My crown fell out and I have it put back by my dentist but it remained in place only two days. The NHS replied to me asking me to fill a consent form and it told me that it will send my complaint to the dental practice and that I will receive a reply within 40 working days. I would like to know what to do so that the NHS examine my teeth and my crown to prove that the work of my dentist was no good. Evidence is needed otherwise the dental practice could simply deny the accusation. The issue is that if we wait 40 working days to examine my teeth and my crown the evidence on my teeth and my crown can disappear for example if my dentist did not put properly the glue on my teeth and my crown or put too much glue or too little. Moreover I will have to remain 40 working days without having my crown put back
  2. I asked him to change his mind and to accept the service of my claim even if he has received it from the defendant and not directly from me. He has not told me yes . However he told me I have myself accepted that now I am out of time to serve correctly the claim form on him directly
  3. I served my claim form within the four months deadline but I served it on the defendant instead of serving it on its representative because CPR 6.10 says that for claims against the Crown we have to serve the claim form on the defendant's representative. This is a stupid technicality it is judicial bureaucracy which wastes time and money because the defendant's representative has received my claim form as evidenced by his last email and could respond to it if he wishes. As a consequence if now I have to serve again my claim form this time on the defendant's representative I will be now outside the four months deadline. I had to go through the several steps of the MOJ's complaint procedure and this has taken a long time. Moreover I had also other commitments. I made my first claim within the six years deadline but if I have to make another claim this time it will be slightly outside the six years limitation period
  4. As I predicted the LGD refuses to do me such a favour. So now I have no choice but to make an application either under the overriding objective of doing justice which is to save time and money for an order from the court considering that the claim form was served on the defendant's representative because he has nevertheless received it and he makes reference to its contents in his last email. Or in the alternative for an order under CPR 6.10 to get permission to serve again my claim form this time on the defendant's representative after the four month deadline Therefore I need you reply to my questions in my last post
  5. Firstly I would like to know if I can add anything to my application for an extension of time which could increase the chances that I will get this permission. Secondly if what I say in my posts is wrong I would like you explain me why so that I amend accordingly the witness statement that I am writing for this application. Thirdly to know how to properly explain my arguments in this witness statement
  6. It seems to me strange that a claimant has to use the term 'C/O' because most of the people even not know what it means it will be careless for me to serve my claim out of time without the agreement of the LGD or permission of the court because my claim could be struck out at a hearing and I could be ordered to pay the cost of the hearing Unfortunately I cannot issue another claim because it is now statute barred
  7. I am going to send an email to the defendant’s solicitor asking him if he will take issue if I serve late on him the claim form and if he will not take advantage of this to make an application to strike out my claim However I will be surprised if he will not take issue because I do not see why he will act in a way which is contrary to its client's interest because it is in the interest of his client that he does his best to strike out my claim if he can. Moreover the court can on its own initiative also strike out my claim if the claim form was served on the defendant’s representative out of time I am gathering the greatest number of pieces of evidence in my favour in case I need to make an application under CPR 7.6 for an extension of time. Therefore in the meantime I would like to reply to the Ganymede the following The term C/O that you use means that the claim form will be sent to the Ministry of Justice i.e. the defendant which will be responsible to passed it to the Government Legal Department which is at another address. This means that the claim form will be served on the Ministry of Justice which will pass it to its representative as usually we do i.e. the Claim form will be served on the defendant and not on its representative contrary to CPR 6.10. Obviously this is confusing and complicated. Therefore we have to accept that the fact that that it is made reference in the bottom of the first page of the Claim Form N1 to the name of the defendant and to the address for service means that it is made reference to the address for service of the defendant and not of this of its representative
  8. In the bottom of the first page of the N1 form it is stated “Defendant's name and address for service including postcode” i.e. the defendant ‘s name and not the name of the representative of the defendant. Obviously if it is the name of the defendant which is asked it is also its address which is asked and not this of its representative Moreover in the second page of the N1 form it is stated “Claimant or claimaint’s legaI representative's address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail” We notice this time that it is made reference to the address of the representative In this condition I think that if the court would have served the claim form instead of me it would have sent it to the address of the defendant and not to this of its representative and the defendant would have passed it to its representative as usually we do. This is a mystery if we consider that CPR 6.10 says that the claim form should be served on the defendant’s representative and not on the defendant itself.
  9. The claim forms were sent back to me by the court so that I served them myself because I asked this in my claim form. However if I would not have asked this the court would have served the claim forms itself. Therefore there is another issue which puzzles me which that in the claim form it is asked the address the defendant but not the address of its representative so the issue is how the staff of the court when they received my claim form would have known to which address to send the claim form to the defendant's representative if I would not have asked that the claim form are sent back to me so that I served them myself? Unless there is something that we have not understood in this story
  10. The relevant passage of the N205A Notice of issue (specified amount) (& request for judgment) that I have attached in my previous post is in the Notes for Guidance where it is stated " The claim form must be served on the defendant within 4 months of the date of issue ( 6 months if you are serving outside England or Wales).You may be able to apply to extend the time for serving the claim form but the application must generally be made before the 4 month or 6 month period expires."
  11. Please find attached the N205A Notice of issue (specified amount) (& request for judgment) n205a-eng.pdf
  12. The fact that this Notice of Issue is used thousands of times is a further reason why it should provide correct information in all circumstances. It happens that claims against the Crown are a minority and that the Notice of Issue should be amended to reflect also the rules concerning the service of claim against the Crown. I will be simple to add a paragraph to the Notice of Issue which in additional of saying that the claim form should be served on the defendant within four months of the date of issue will say also that for claims against the Crown the claim form should be served on the defendant’s representative The Notice of issue that I have received is the N205A Notice of issue (specified amount) (& request for judgment) that I invite you to upload from the Internet to have a look at it.
  13. The issue is not whether or not the court can give legal advice but if it provides information it should do this fully and correctly or provide no information at all. Otherwise people will believe the information given even if it is not correct. Instead of stating in the Notice of Issue that I have to serve my claim form within four months of the date of issue on the defendant it should have stated me that I have to serve it on the defendant's representative or tell me nothing and I would have done search about how to serve it. I have simply trusted what was stated in the Notice of Issue and it avers that this information was wrong I cannot send you a copy of the Notice of Issue because it contains confidential information but I think that it is a standard one which I think need to be amended to avoid claimants being misled
  14. You say that the term defendant and defendant’s solicitor are interchangeable. However these two terms are not interchangeable in CPR 6.10. Therefore as it stands the contents of the Notice of Issue is misleading I think that the writer of the Notice of Issue could have been more helpful because he makes reference to the CPR when he says that we have to serve the claim form within four months of the date of issue but he should have put forward fully the CPR by saying also that we have to serve on the defendant’s solicitor and not on the defendant because this was also an important piece of information which can make a claimant loses his claim if it is not complied with My claim was not issued on-line
  15. In the Notice of Issue which was sent to me by the County Court Money Claims Centre along with my claim form it is stated that I have to serve the defendant within 4 months of the date of issue. However it is not stated that I have to serve the claim form on the representative of the defendant. Hence I would like to know if I can use this as evidence to get permission from the court to serve my claim on the representative of the defendant after the four months deadline because I have followed the instructions which were stated in the Notice of Issue when I served the claim form on the defendant and not on its representative
  16. I would like to know if someone knows others cases similar to the Brown v Police case.
  17. I am of the opinion that my claim is also worth £9000 but anyway certainly more than £300. However my claim is worth nothing if I am not able to convince the court to give me permission to serve my claim after the four months deadline. and in order to achieve this I need to know which good arguments to put in my application form
  18. In this case the female police officer was awarded £9000 only because a breach of confidentiality about where she went on holidays. It seem to me that the breach of confidentiality that I have sustained is more important than that. Even if maybe I do not deserve £9000 this case shows that it is likely that I deserve more than the very small amount I claim initially. However this is not the main issue because the main issue is what can I say in my application form to convince the court to give me permission to serve my claim form after the four months to which it is made reference in CPR 7.5
  19. Yes even though my case is against the Ministry of Justice but not against the Police
  20. The representative of the lawyer of the defendant invites me to serve it again and this time on him which is evidence that my claim has not been officially served because the first service was defective. However if I can prove for the reasons put I forward in my previous posts that it has been served for example because the defendant's representative has been finally given my claim form by the defendant itself it will be good for me I cannot be more specific about the breach of the Data Protection because a question of confidentiality.Moreover this is irrelevant as far as CPR 6.10 is concerned
  21. Thee is an issue of breach of the Data Protection Act 1998. I found another case where the claimant suffered less breaches of the Data Protection Act than me and got £9000 compensation According to CPR 7.6 such application can be made without notice so it could cost me less
  22. It think that it could be worth £9000. I say this because I have found a similar case where the claimant got this amount of compensation I do not know if there could be others grounds that I can use to obtain permission from the court to issue after the four months deadline or it is better I abandon this claim but this will be regrettable because it was difficult for me to imagine that I had to send my claim form to the defendant's representative and not to the defendant because usually it is like that.
  23. The Government Legal Department invites me to serve my claim form on it. However according to CPR 7.5 my claim form should be served upon within four months of having been issued and if I serve my claim again I will not comply with this deadline. I can ask the GLD if I serve my claim late on it if it will not make an application to have it strike out but this is very unlikely because it is well known that defendants use any possibilities that they have to strike out a claim. Another possibility is that I made an application under CPR 7.6 for an order extending the period for compliance with rule 7.5. but the issue is that such application should be made within the four months deadline or we have to have a good reason for not having done so. If I do such application I do not know if I can say that I was a litigant in person and I did not know that the Ministry of Justice belongs to the Crown and that the defendant has sustained any prejudice. Or I can put forward any other grounds to which I make reference in my first post My claim is for less than £300 but I intend to increase its value because when I made it I did not know its value but know I have additional information which shows that my claim could be worth more than this
  24. I made a complaint against a county court which was uphold by the Ministry of Justice. As a consequence I issued a claim for compensation. I sent my claim to the County Court Money Claims Centrer requesting that the claim form was sent back to me so that I serve it myself on the defendant along with my particulars of claim within four months what I did. However I have received a letter from the solicitor of the defendant telling me that my service of the claim form is defective because according to CPR 6.10 I should have sent my claim form to the solicitor acting for the Government Department and not to the Ministry of Justice because it is a claim against the Crown. This letter invites me to serve again my claim but this time on the defendant’s solicitor. However I am reluctant to do this because it is now more than four months that I issued this claim and it could be struck out at a hearing because of the limitation issue and I could be ordered to pay the cost of the hearing. I cannot also issue another claim because it will be outside the six years limitation period. I would like to know what to do to save my claim. I would like to know if I can write a letter or make an application to the court asking that it order the defendant to accept that the claim form was properly served on it and to order the defendant to respond to it even though I did not sent it to its representative contrary to CPR 6.10? Maybe I can put forward the following explanations a) I am a litigant in person and I did not know the CPR contrary to a professional lawyer b) I was not aware that the Ministry of Justice was the Crown c) The address that I used when I made my complaint was always this of the Ministry of Justice so it was difficult for me to imagine that the claim form should be sent to another address d) Maybe I can say that CPR 6.10 is confusing and when it says that we have to serve the claim form on the defendant’s representative this could be interpreted also as being served on the defendant who will pass it to its representative as usually it happens. We think that we can serve directly on the defendant’s representative or indirectly by sending it to the defendant who will pass it to its representative e) I can maybe say also in this simple letter that anyway the defendant has received my claim and it should have sent it to its representative because its representative replied to me and as a consequence finally my claim has been served on its representative because he has finally received it. I can maybe say that if I have not served myself my claim form on the defendant's representative the defendant has served it itself on its representative. And that the defendant want to take advantage of a technicality not to respond to my claim f) Another issue is that the defendant has waiting more than one month after receiving my claim form before its representative informs me that the service of my claim form was defective. I would like to know if I can advantage of this if my claim was really defective he should have tell me before or respond to my claim within 14 days of receiving it as required by the CPRs? g) I would like to know also if the fact that I have not complied with CPR 6.10 because I have sent my claim form to the defendant instead of having sent it to its representative is a reason for the defendant to ignore my claim form and not to respond to it because after all its representative has finally been given my claim form by the defendant itself? Or this gives the right to the defendant only to make an application to have my claim struck out for this reason or to ask for more costs? The question is whether I have enough grounds to save my claim or it is better that I simply abandon it?
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