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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3652
Experience:  Two years conveyancing experience.
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I was told to sign and send a amended statement of truth form,

Resolved Question:

I was told to sign and send a amended statement of truth form, this has been sent and received by the court.
they are now asking for a 'certificate of service', I issued the amended statement of truth form to court was not awawre had to send defendents another set of forms, please can you help
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome my name is ***** ***** I will assist you.
Was the statement of truth on a witness statement or claim form?
Kind regards
AJ
Customer: replied 2 years ago.

statement of truth that had to be amended and resigned was the 'claim form'

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
How long ago was the claim form issued/amended?
Kind regards
AJ
Customer: replied 2 years ago.

amended one was sent on around 6 th feb.

the exact wording on letter received today state:

Thank you for your amended claim form which has been referred to the District Judge. The judge has asked if you have served the amended claim formon the Defendant pursuant to the order dated 14 fenruary 2015?. if so a certificate of service must be completed and filed with the court. We look forward to hearing from you

Expert:  Alex J. replied 2 years ago.
Hi,
Once the Claim Form has been issued you have Four months from the date it is issued to serve it under Civil Procedure Rule 7.5.http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.5
If you are still within this four month period you are not too later, you can still serve it personally or send it via first class post to the defendant.
If four months have expired, you will have to apply to court for permission to serve the claim form.
Once you have served it you can fill in the certificate of service.
I look forward to hearing from you.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
It sounds like you have plenty of time still.
What did the order on the 14 February say?
Kind regards
AJ
Customer: replied 2 years ago.

a bit confused.

i served the amended claim form to the court, arent they meant to serve it to defendent?, or what documents should i resend to defendent

14th february they asked for a claim form - statement of truth to be re-signed in red.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did you request on the form that the Court should serve the claim form?
If it is an N1 Claim, you are better off just asking for an original sealed copy from the Court and sending it by first class post to the Defendant. You can then quite happily sign off the Certificate of Service.
I would personally not rely on the court to serve it. Our court service is massively stretched and if you want service to happen quickly and the time limit for the defendant to respond to start ticking, you are better off doing it yourself.
Kind regards
AJ
Customer: replied 2 years ago.

ok so if i serve it today and send court the certificate f service saying i served today is that still ok?

also do i need to send any other documents to defendent or just the amended claim form

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you send the Claim Form today by first class post before 5 pm - then I would wait at least one full business before filing the Certificate of Service.
Do you have any other statements of case (e.g a witness statement) to go with your claim form? https://www.justice.gov.uk/courts/procedure-rules/civil/forms There is a response pack and notes for the defendant that you should send with the form.
Kind regards
AJ
Customer: replied 2 years ago.

thanks,

one final thing

ive got tenancy agreements, proof of postage, section 21 do i need to send that with amended claim form or no need

Expert:  Alex J. replied 2 years ago.
Thank you.
Every piece of evidence that you refer to in your particulars of claims should be included with the claim form.
Are these possession proceedings?
Kind regards
AJ
Customer: replied 2 years ago.

yes

Expert:  Alex J. replied 2 years ago.
Thank you.
Have you used Claim Form N5?
If so you need to set out ALL the particulars of claim - this includes any evidence that you refer to.
Kind regards
AJ
Customer: replied 2 years ago.

i have already sent all that before.

do i need to resend all of it again or just the amended n5 form

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you have referred to it on the amended N5 form then I would at the very least send copies of what originally sent.
You want to leave no doubt in the mind of the court that you have done everything possible to bring these proceedings and evidence to the attention of the claimant.
Kind regards
AJ
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