Charging Order? The myth

eggbox

Agree, but don't assume they haven't until confirmed

DAKOTA45

eggbox wrote: »

Agree, but don't assume they haven't until confirmed

Ok, thanks… Nothing's ever easy, is it? *sigh*

D45

DAKOTA45

Just phoned the court… the woman was clueless! She told me to email but that the person dealing with this was 'out of the office'… apparently, if I was expected to serve the claim myself and did not complete N215 (see below) within a few days of service, it could scupper my claim… Great.

I still don't see any reason that the court would be unable to serve the claim… and if it wasn't it should have at least given me some notification, rather than letting me run out of time… I get a sense of deja vu here. D45

N215 Certificate of Service

Certain documents need to be properly served on the parties to proceedings in order to be valid and effective. This includes claim forms, particulars of claim, notices of appeal and applications. Service needs to be within a defined timescale and in accordance with the rules of the court.
In many cases the court will served documents for you in exchange for a fee, but sometimes it is necessary for you to do this yourself, such as where documents cannot be served at a postal address and need to be served on the other party in person. Where you serve documents on the other party yourself you will need to complete and file a certificate of service in the prescribed form, confirming to the Court that you have served the documents properly.

DAKOTA45

Great… the dozy woman at the court has given me the wrong email address and it has bounced… another half an hour waiting for them to answer the phone… It's a conspiracy! D45

eggbox

I'm sad to say I've had similar problems with Court staff

The majority aren't the most efficient of people, either? Certainly those I've dealt with.

DAKOTA45

eggbox wrote: »

I'm sad to say I've had similar problems with Court staff

The majority aren't the most efficient of people, either? Certainly those I've dealt with.

Oh… you won'tt believe this… (or maybe you will)

I just managed to get through to someone at the court and they are saying they included a response pack with the Notice of Issue and that I should have served the claim myself… They didn't include a response pack or I would have known to serve it…gaaah!!:mad:

Shall I just give up…?

D45

eggbox

Yes I can believe it I've had similar issues with court staff saying that they've done certain things when I know full well they haven't?

But I wouldn't give up as you've come this far.

DAKOTA45

eggbox wrote: »

Yes I can believe it I've had similar issues with court staff saying that they've done certain things when I know full well they haven't?

But I wouldn't give up as you've come this far.

But I'm so sick of their lies!! It's affecting my health…

I can't even prove they didn't send the response pack as I received the Notice of Issue… it's my word against theirs…

I have emailed them to say there was no response pack which is why I'd assumed service by the court…

So much wasted time… I expected more from Queen's bench...

I'll let you know what (lies) they send back. D45

eggbox

I know it's frustrating but there is not really anything to gain from arguing the point. So I would just resend the claim because all that's been caused is a delay.

DAKOTA45

eggbox wrote: »

I know it's frustrating but there is not really anything to gain from arguing the point. So I would just resend the claim because all that's been caused is a delay.

Yes… you're right… but I'd got my hopes up, only to be dashed once more.. it has a terrible effect… and I have been doing this for so long that I've got to the point where I think there is no justice to those without a lawyer…

I will re-send my claim… I guess I will have to download a response pack…

Tbh, I thought it a bit strange when he didn't defend… he's not likely to roll over that easily, is he?

Thanks for all the support… I really appreciate it. D45