Change of name certificate lost and no record with solicitors what should i do??

[Jimbo1986]

Hi all,

 

Bit of a sticky question which no one has been able to help me answer including the home office (Births Deaths and Marriages) and the people that have answered the question have said that it is only their "personal opinion" so not sure what to do.

 

Basically this is what has happened. I done a change of name certificate (not by deed poll) at a solicitors which was then sworn on at another solicitor. I have since lost the certificate and the original solicitors that drew it up have no record of it happening (although they have a copy of my mums and sisters!)

 

So would I need to go back to using my original surname which i will say is Mr Y for DPA reasons until I have another change of name cert done as there is no proof that I have ever been allowed to use my adopted surname (Mr X). My bank and driving licence is in the name Mr X (adopted name) but have no proof I hgave ever been allowed to apply for things under this surname.

 

I need to apply for a passport soon and cannot do so under Mr X as my birth cert is in Mr Y.

 

Someone please help

 

Many thanks

 

Jimbo

[blitz]

The simple solution would be to make a Deed Poll Certificate (Its Free!!), having two witnesses. This does not need to be done at a solicitors, nor anywhere official for that matter, I did my own a few years ago which has been allowed by DVLA, Passport, Bank etc...

 

You also do not need to go back to any previous name, you may use any name as long as it is not for fraudulent purposes.

 

My Change of name (Keep the bold in bold, but substitute names:

 

Deed of Change of Name

 

This change of name deed made this Seventh day of April Two Thousand and Seven by me the undersigned [Full New Name] of [Address] called [Previous Name] a British subject.

 

WITNESSES AND IT IS HERBY DECLARED as follows :-

 

1. I absolutely and entirely renounce relinquish and abandon the use of my said former Surname of [Old Surname] and assume adopt and determine to take the use from the date hereof the Surname of [New Surname] in substitution of my former Surname of [Old Surname]

 

2. I shall at all times hereafter in all records deeds documents and other writings and in all actions and proceedings as well as in all; dealing and transitions and on all occasions whatsoever use and subscribe the said name of [New Surname] as my Surname in substitution for my former Surname of [Old Surname] so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former Surname of [Old Surname] but by the Surname of [New Surname] only.

 

3. I authorise and require all persons at all times to designate describe and address me by the adopted Surname of [New Surname]

 

In Witness whereof I have hereunto subscribed my Christian or first names of [First Names] and adopted and substituted Surname of [New Surname] and also my said former Surname of [Old Surname] the day and year written first above.

 

Signed as a Deed

 

By the undersigned

[Written new Name]

 

formerly known as

[Written old Name]

 

[signature]

 

In Presence of

 

[Two Witnesses, signed with full name and address]

[Jimbo1986]

That draft is nearly exactly what i remember my old one looking like which i payed £100 at a solicitors for! I though a solicitor had to swear it as I took an affidavit on it.

 

Ok this has helped but I have one other question. Due to my family reasons I am thinking of going back to my original surname as I do not get on with my mother and step father anymore which has been going on for numerous years. If this is the case can i just relinguish my adopted surname and revert back to my original surname??

 

Jimbo

[blitz]

I guess you would need to do a new deed poll (especially to submit for places that already have the new surname), but there is nothing stopping you from doing it.

 

My Deed Poll was signed by two friends, no solicitors involved just the price of a piece of paper (mind it is a nice piece of paper to look the part!)

[Jimbo1986]

but would i need to do another change of name deed as i spoke to the home office (births deaths and marriages) and the woman didn't advise but gave her opinion that i should revert back to my original name immediately so did the solicitors. I suppose that it is as broad as it is long either way i shall be using my original name. Dvla etc said to just fill out a d1 and send copy of birth cert and covering letter explaining the situation and they would be able to change it as i had been known as my original surname already on the licence before. And dito all the above for the inland revenue etc

[blitz]

Guess you wouldn't then, you would only need to do it if a company got a little pedantic about it.

[Jimbo1986]

I suppose. I'll see how i get on. Really its not worth the paper its written on as technically it means you can change your surname every blood week!! The UK does have some strange ways about it!

 

Thanks for all your help.

 

Jimbo

[Aequitas]

If you have changed your name you have changed your name and the fact that the documentation has been lost does not alter the fact. If you want to revert to your original name you can do so without any formality just as you could have changed it before without any formality. However, it is best to have it recorded.

 

A statutory declaration (which must be what you did as you had to go to another solicitor to make it) records a change that has already been made.

 

A deed poll actually effects the change and so would not be suitable if you want to keep your new name, but is fine if you want to revert to your original name.

 

There is nothing stopping you from making another declaration. Just use as a guide your mother's or sister's. It will then only cost you the five pounds you pay to make the declaration in front of a solicitor.

[Jimbo1986]

Thanks for that. The only reason i wasnt sure whether to do another stat dec is because the solicitors had no record of it ever being drawn up etc so wasnt sure where i stood. I think i'll get another stat dec done to revert back to my old surname, although to me it doesnt seem like its worth the paper its written as effectively you could change it every day!!

 

Cheers for everyones help.