Who issues a claim- Court or claimant?

[Ganymede]

Send it to the Court at the same time.

 

Is the Claim Form you are serving a sealed copy with the Court sticker and stamp on it? It's not valid otherwise.

[BazzaS]

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

 

Don't wait until the court asks for it.

File within 21 days UNLESS the D files an AoS before you send it

(CPR 6.7(2)(a))

[ThedaBara]

Send it to the Court at the same time.

 

Is the Claim Form you are serving a sealed copy with the Court sticker and stamp on it? It's not valid otherwise.

 

Yes… all sealed and has a case number and everything.

 

Thanks! TB

[ThedaBara]

Don't wait until the court asks for it.

File within 21 days UNLESS the D files an AoS before you send it

(CPR 6.7(2)(a))

 

 

Bazza, thanks- I will file with the court at the same time as I serve the claim to the defendant, but please could you tell me more? I've looked up this rule and am confused again!(Sorry).

 

I spoke to someone at the court yesterday by phone… it wasn't easy as I'm very deaf, but from what I could make out, the court expected me to serve… I asked him what the reason was and he said he had no idea. I told him that I'd emailed the court last Friday asking if it would serve on my behalf, but that they still hadn't replied and he said to give it a few days to see if they would agree to serve the documents… but I'm wanting to get it over with, having wasted a whole month because I'd assumed the court has served on the defendant. I just don't want to make any more mistakes… if the court suddenly serves at the same time as m, then it would really mess things up.

 

TB

[BazzaS]

Bazza, thanks- I will file with the court at the same time as I serve the claim to the defendant, but please could you tell me more? I've looked up this rule and am confused again!(Sorry).

 

I spoke to someone at the court yesterday by phone… it wasn't easy as I'm very deaf, but from what I could make out, the court expected me to serve… I asked him what the reason was and he said he had no idea. I told him that I'd emailed the court last Friday asking if it would serve on my behalf, but that they still hadn't replied and he said to give it a few days to see if they would agree to serve the documents… but I'm wanting to get it over with, having wasted a whole month because I'd assumed the court has served on the defendant. I just don't want to make any more mistakes… if the court suddenly serves at the same time as m, then it would really mess things up.

 

TB

 

which bit do you want more clarity on?

CPR6.7(2)(a) and the 21 days (unless the Defendant files an acknowledgement of service first), or

the "I want to get it over with but what if the court files too?" ?

[ThedaBara]

Ah.. sorry… I was wondering what happens if the defendant files an AOS before I've filed the Certificate of Service…

 

CPR 6.7 seems to relate to service to a solicitor, but I will be serving directly to the defendant, so I'm not sure if this is relevant…

I found these notes, but to be honest I really don't understand the rules to serving within the jurisdiction and other rules applying when served out of jurisdiction...…

It all makes my head spin…

 

Address for service of the claim form: defendant's lawyer (CPR 6.7)

CPR 6.7 is entitled "Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state". There are separate provisions dealing, respectively, with each of:

Service on a solicitor within the jurisdiction.

Service on a solicitor in Scotland or Northern Ireland or in an EEA state other than the UK.

Service on a European Lawyer in any EEA state.

Note that, unless service is to be effected on a solicitor within the jurisdiction, the other available addresses for service will require service out of the jurisdiction in accordance with the services out rules. For more information about service of the claim form pursuant to CPR 6.7 see Practice note, Service of the claim form and other documents: an overview: Address for service of the claim form: defendant's lawyer (CPR 6.7).

 

TB

[Ganymede]

Just keep it simple and post the Certificate of Service to the Court on the same day as you post the Claim Form etc to the Defendant.

 

You're over complicating things unnecessarily.

[BazzaS]

Just keep it simple and post the Certificate of Service to the Court on the same day as you post the Claim Form etc to the Defendant.

 

You're over complicating things unnecessarily.

 

Follow GM's advice.

 

Ah.. sorry… I was wondering what happens if the defendant files an AOS before I've filed the Certificate of Service…

 

CPR 6.7 seems to relate to service to a solicitor,

 

 

It does. Where I've written 6.7 it's a typo

It is 6.17 "Notice and certificate of service relating to the claim form"

and CPR6.17(2)(a) in particular.

 

Sorry for the typos. "1's" (and q's .... But I usually notice when these are missing!) don't always come out due to the screen / screen protect / protective case in my phone.

I check, but missed their absence this time : Sorry.

[ThedaBara]

Just keep it simple and post the Certificate of Service to the Court on the same day as you post the Claim Form etc to the Defendant.

 

You're over complicating things unnecessarily.

 

Thank you… I will just wait to ensure that the court has not made a decision to serve on my behalf. I tend to panic a bit... TB

[ThedaBara]

Follow GM's advice.

 

 

 

It does. Where I've written 6.7 it's a typo

It is 6.17 "Notice and certificate of service relating to the claim form"

and CPR6.17(2)(a) in particular.

 

Sorry for the typos. "1's" (and q's .... But I usually notice when these are missing!) don't always come out due to the screen / screen protect / protective case in my phone.

I check, but missed their absence this time : Sorry.

 

Oh… haha! I thought I was going a bit mad… That's a bit clearer then… Many thanks for your help. TB

[Ganymede]

Thank you… I will just wait to ensure that the court has not made a decision to serve on my behalf. I tend to panic a bit... TB

 

It won't matter.

[ThedaBara]

It won't matter.

 

I think you're right… they are totally failing to grasp the problem... I have already explained the mix up in that I'd assumed they had served on the defendant and therefore I have not sent a certificate of service… I've just had an email saying my judgement in default request has been returned as I've not sent a certificate of service.

So I'd better serve it myself… I just wished they had made it clear to me that I was responsible for serving… without any directions I just went by what the info told me- That the court usually serves…

 

Oh well… thanks again! TB

[ThedaBara]

Do I include anything else with the Certificate of Service, or is the form alone enough? TB

[Ganymede]

Do I include anything else with the Certificate of Service, or is the form alone enough? TB

 

Attach copies of what you have served for completeness

[ThedaBara]

Thank you so much… TB

[Guest]

if you are going to serve to the defendant yourself, note that you may need to include certain forms with the particulars of claim to the defendant eg cpr 7.8

[ThedaBara]

if you are going to serve to the defendant yourself, note that you may need to include certain forms with the particulars of claim to the defendant eg cpr 7.8

 

Yes… thank you. I called the court yesterday and they very clearly told me what to include. I'd feel better if they would put it in writing, though… I'm extremely deaf and the lady advising me was Nigerian… I have terrible trouble with foreign accents.

 

Oh well… I expect I'll soon find out if I've done something wrong.

 

Everything is in the post, now. I will update as soon as I hear anything. TB

[ThedaBara]

Ok… I sent the claim yesterday and was checking to see if the defendant has received it, and it seems that the postman has left it with a neighbour… so is this deemed as being 'served', do you think? He is thick as thieves with the neighbour and the pair of them will probably cook something up to say he didn't get it. TB

[Ganymede]

Didn't you just post it or was it SD?

[ThedaBara]

Didn't you just post it or was it SD?

 

Special Delivery… £6 odd!! TB

[BazzaS]

Special Delivery… £6 odd!! TB

 

Special delivery has a disadvantage though : if they don't deliver it / don't get a signature : although you get your money back, it can be presumed you know it wasn't delivered!

 

You would have been better sending it ordinary first class mail (but with a certificate of posting to prove it was posted). It then has the advantage of the presumption it would be delivered, and service is presumed as a result!

[ThedaBara]

Special delivery has a disadvantage though : if they don't deliver it / don't get a signature : although you get your money back, it can be presumed you know it wasn't delivered!

 

You would have been better sending it ordinary first class mail (but with a certificate of posting to prove it was posted). It then has the advantage of the presumption it would be delivered, and service is presumed as a result!

 

Hmmm… it's hard to know what to do for the best, sometimes… anyway, I have a print out of the signature… it's whether she gives it to the defendant, isn't it? It is deemed served by dint of the certificate of service, I suppose… I posted it and now it's down to the defendant to acknowledge… or not. TB

[AndyOrch]

May come in handy....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

[ThedaBara]

Many thanks, (Handy) Andy… I believe I only have to prove that I sent it to the correct address and not that the defendant received it…I have proof of that and I know without a doubt that he is living at that address. TB

[Guest]

as per the cpr linked, re 'deemed service'

6.26 no. 1, 6.29 no. 2 for eg