Accuracy...Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded deli

[Guest Dance Tailor]

For the sake of accuracy, can stat decs be served by post?

 

It has been stated here on CAG:

 

Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery?

 

No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person

 

MOJ says:

 

HM Courts & Tribunals Service has not been issued with instructions that a statutory declaration sent by recorded delivery is not acceptable. It is often the case that customers ring in and the information is taken from them and the court staff input this onto the application form for them so that the customer has the form ready for the statutory declaration hearing. However, court staff should accept applications sent by registered or recorded delivery.

[Guest Dance Tailor]

I'll post a copy of the reply.

[AndyOrch]

Is that not the reply above ?

 

Please post a copy of the " Reply " and I will check it for approval.

 

 

Andy

[Peterbard]

From what is written it seems that the SD is indeed an application, there is no requirement to void any previous hearing. As said it must go in front of the court first

 

"so that the customer has the form ready for the statutory declaration hearing."

 

this is contrary to the advice that the previous hearing is void when the SD is just sent.

[Bailiff Advice]

I'll post a copy of the reply.

 

Can you post a copy of the precise question raised and the full reply (as opposed to an extract).

 

You mention to that the response was from 'MOJ". Can you be more precise please.

[AndyOrch]

You should be able to post with the attachment now.

[AndyOrch]

Yes please upload the attachment when your ready

[Guest Dance Tailor]

Ok, two attachments: the question I asked the MOJ - they had passed it along to the appropriate team. This was the second email I sent as the first reply said they couldn't offer an interpretation of legislation. I explained I wasn't asking for an interpretation. The other attachment is their second reply - as you can see, there has been no instruction given to any court to reject a stat dec by post, as was asserted here.

 

I have asked for clarification on the use of the words 'application' and 'stat dec hearing' as an in-time stat dec doesn't require either, as is clearly stated in the CrPR.

 

This is the first time I've heard that court staff can draft a stat dec over the phone.

HMCTS SD reply.pdf

HMCTS SD question.pdf

[Peterbard]

Hmm, again you seem to be misunderstanding what is said.

 

The SD procedure is a two step process,. First the court has to decide if it accepts the SD(that it is a legitimate out of time application). Next they will set a date and retry the original offence if appropriate.

 

The advice being offered in some quarters is that once the defendant sends the application, stage one is complete the court will void the earlier judgement and the fine, and move onto the re-trial stage.

 

As the response shows, this is not the case. The receipt of the information is only to enable its consideration under section 14.

[Guest Dance Tailor]

Dodgeball, we're talking about in-time stat decs. The point of discussion was whether you can send one by post - previous advice posted here said this cannot be done. What are your thoughts on that now?

[Peterbard]

Dodgeball, we're talking about in-time stat decs. The point of discussion was whether you can send one by post - previous advice posted here said this cannot be done. What are your thoughts on that now?

 

Well previously you were intent on saying there was no such thing as an application, now you should see that the sending of information is indeed an APPLICATION for a later hearing.(not the hearing itself).

[Guest Dance Tailor]

So no comment about stat decs not being accepted by post?

[Bailiff Advice]

This is the first time I've heard that court staff can draft a stat dec over the phone.

 

With your own personal role being very limited to simply answering queries on another forum, it is understandable that you would not have heard of court staff 'drafting' (your words not mine) a statutory declaration during a telephone conversation. It is hardly a subject that a defendant would approach a forum for advice on.

 

As somebody who assists defendants daily with these enquiries, I can assure you that court staff have been providing debtors with assistance with these forms for a very long time and hopefully, by doing so, defendants will not face difficulties when they have to attend court to have the case against them re-heard.

 

Assistance from court staff will also avoid defendants from being steered towards online advice recommending that their Statutory Declarations are sent to HMCTS admin centres (such as the Historic Debt Team in Port Talbot). It will also ensure that defendants complete the correct form of Statutory Declaration and not one that has modified for them by another person.

[Peterbard]

Sorry just to add. A court can require a party to attend a hearing under court rules, of course.

[Guest Dance Tailor]

With your own personal role being very limited to simply answering queries on another forum, it is understandable that you would not have heard of court staff 'drafting' (your words not mine) a statutory declaration during a telephone conversation. It is hardly a subject that a debtor would approach a forum for advice on.

 

As somebody who assists defendants daily with these enquiries, I can assure you that court staff has been providing debtors with assistance with these forms for a very long time and hopefully, by doing so, defendants will have not face difficulties when the case against them is listing for a hearing.

 

Assistance from court staff will also avoid defendants from being steered towards online advice recommending that their Statutory Declarations are sent to HMCTS admin centres (such as the Historic Debt Team in Port Talbot).

 

First time you've ever mentioned it. No thoughts on the 'cannot send a stat dec by post' advice?

[Peterbard]

So no comment about stat decs not being accepted by post?

 

The court may well decide that the presence of a party is required at the hearing, section 14 says nothing about it.

[Guest Dance Tailor]

The court may well decide that the presence of a party is required at the hearing, section 14 says nothing about it.

 

Still no comment on previous advice saying stat decs cannot be sent by post? Remember, HMCTS say:

 

However, court staff should accept applications sent by registered or recorded delivery.

[Bailiff Advice]

First time you've ever mentioned it.

 

If the question arises from a defendant on this forum on a particular matter, I would answer it but it hasn't done so. When such a question is raised...by a defendant, I will of course respond as I have been doing so for almost 12 years.

 

What I am not here to do is to spend valuable time 'debating' a subject with you. You are merely a contributor on another website. My time is far better served assisting debtors and defendants.

 

PS: It would seem that you copied my response before I had time even finishing drafting it. Once again, here is a copy of my full response (hopefully with spelling errors corrected.

 

With your own personal role being very limited to simply answering queries on another forum, it is understandable that you would not have heard of court staff 'drafting' (your words not mine) a statutory declaration during a telephone conversation. It is hardly a subject that a defendant would approach a forum for advice on.

 

As somebody who assists defendants daily with these enquiries, I can assure you that court staff have been providing debtors with assistance with these forms for a very long time and hopefully, by doing so, defendants will not face difficulties when they have to attend court to have the case against them re-heard.

 

Assistance from court staff will also avoid defendants from being steered towards online advice recommending that their Statutory Declarations are sent to HMCTS admin centres (such as the Historic Debt Team in Port Talbot). It will also ensure that defendants complete the correct form of Statutory Declaration and not one that has modified for them by another person.

[AndyOrch]

And that concludes this thread......many thanks for the information uploaded.

 

Thread now closed.