Forgot to sign statement of truth

[MattyKHZ]

Hi all.

Hope someone may be able to help.

had all sorts of problems with a house builder who were in breach of contract and did not show reasonable care and skill under the supply of goods and services act.

with no resolution I ended up submitting a claim on money claim online. Limited by the character length I did the best I could as an ilitigent.

had to attend court as defendant was trying to get the claim struck out under limitation, yet had proof was submitted in time via credit card statement for the mcol fees.

anyway been receiving letters from defendants solicitors trying what it seems to bully me with the threat of their costs rising up to approx £2000.

court struck out their appeal and asked me to send in a revised particulars of claim. With more space to write I did a factual account of what happened, what I was claiming for and why. I also included witness statement with photos, surveyors report, emails, quotes etc.

defendants solicitor is asking for proof of the claim being in time via my credit card statement. Also asked whether I signed the particulars of claim which I did not as it was all done electronically and nor was the mcol one signed. I also added my wife to the claim which I originally avoided due to the stress it has caused her and they are asking if I have paid the fee for this. The judge suggested i did add her at the hearing.

so is there a problem with anything I have done? I was asked to submit a revised particulars of claim which I have. I feel I am being harassed by the defendants solicitors which I presume is their right. Can I sign the statement of truth later? I am not to know any of this and it is really stressing me out.

[mystery1]

Re: Forgot to sign statement of truth

The rules for signing using MCoL are found http://www.justice.gov.uk/courts/pro...pd_part07e#9.1

Statement of truth
9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.
9.2 The statement of truth in an online statement of case must be in the form –
‘[I believe][The claimant believes] that the facts stated in this claim form are true.’; or
‘[I believe][The defendant believes] that the facts stated in this defence are true.’,
as appropriate.
9.3 Attention is drawn to –
(1) paragraph 3 of Practice Direction 22, which provides who may sign a statement of truth; and
(2) rule 32.14, which sets out the consequences of making, or causing to be made, a false statement in a document verified by a statement of truth, without an honest belief in its truth.
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Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



M1

[MattyKHZ]

Re: Forgot to sign statement of truth

Thanks but mcol was the original vessel for claim and all I had to go on so a revised claim was drafted from what I could research but could not find anything about signing.

so if I provided a revised particulars of claim and that content was submitted in time, with a statement of truth but forgot to sign can it be signed afterwards as everything is still correct but a signature was omitted?

i will speak to the court tomorrow.

[des8]

Re: Forgot to sign statement of truth

If you think you may have failed to verify any of your documents submitted in hard format with a statement of truth, you can correct the position by submitting the verification separately, but make sure you identify each document you are verifying.
CPR 22.1 (7)
A statement of truth which is not contained in the document which it verifies, must clearly identify that document.

[mystery1]

Re: Forgot to sign statement of truth

If you think you may have failed to verify any of your documents submitted in hard format with a statement of truth, you can correct the position by submitting the verification separately, but make sure you identify each document you are verifying.
CPR 22.1 (7)
A statement of truth which is not contained in the document which it verifies, must clearly identify that document.

:okay:

M1

[MattyKHZ]

Re: Forgot to sign statement of truth

Thanks for all your help. I will look into seperate verification submission.

i also need to look into what I have to provide to the defence solicitor and what I do not. They want a copy of by credit card statement to prove the original claim submission date. The judge rejected their strike out appeal without wanting to see it. He also stated the defence could or should have checked submission date with mcol prior to the hearing. Something they since state they cannot do. So I am happy to help with all aspects of my claim but not sure if I should in respect to what they are asking to see.

[Amethyst]

Re: Forgot to sign statement of truth

Thanks for all your help. I will look into seperate verification submission.

i also need to look into what I have to provide to the defence solicitor and what I do not. They want a copy of by credit card statement to prove the original claim submission date. The judge rejected their strike out appeal without wanting to see it. He also stated the defence could or should have checked submission date with mcol prior to the hearing. Something they since state they cannot do. So I am happy to help with all aspects of my claim but not sure if I should in respect to what they are asking to see.

If you disclosed your credit card statement in documents submitted to court then they are within their rights to ask to inspect the document under CPR 31.14. If you don't send them a copy for inspection they can apply to the court for you to provide it so as it's really quite a minor point I would just send them a copy.

To have to evidence the claim submission date must mean you were cutting it rather fine with regards limitations.

[MattyKHZ]

Re: Forgot to sign statement of truth

Yes it was within the 6 years but due to all the stress go buying 1st home, problems and their lack of dealing with them etc things got put on hold so we could start our home and get married etc.

it has not been a pleasant experience and both me and my wife have had this effect us so much it was easier to not deal with it but felt we should as there are clear non conformance a to building regulations.

credit card statement was not submitted to court, I took it with me to their appeal hearing as proof of date of claim yet no one asked to view it.

[Amethyst]

Re: Forgot to sign statement of truth

It sounds like they are just being picky for the sake of it - if you mentioned the credit card statement as evidence of the date of submission then it has been 'disclosed' and therefore they would be entitled to inspect a copy. If that's all their defence consists of, that your claim was out of time, I wouldn't be overly worried on the rest.

Does their defence have much standing do you think?

[MattyKHZ]

Re: Forgot to sign statement of truth

I don't think their defence has much to go on. But based on the mcol particulars of claim limited to number of characters I can see why they would argue they do not know things or disagree.

By providing a revised lengthier particulars of claim, stating the facts as they happened, providing a witness statement including their overall stance to deem defects as within tolerance until NHBC argued otherwise. Have 2 chartered surveyors reports from legal completion and formal handover 4 months later as tehy had to have unfettered access to property to fix and make house like it should have been in the first place. Yet photos and 2nd report prove they still did not do everything they should have. And expensive items have deliberately been missed off then they were wanting to bodge them to make good rather than deal with properly.

Because mcol issued claim outside of limitation period that is what they originally tried to get thrown out. Judge agreed that I did in time and it did not matter if mcol took longer due to their workload, dates falling on a weekend etc. Now they are seemingly trying to pursue that to make sure they can get struck out again and if not that, I guess they are trying to use the non signature as another reason.

[mystery1]

Re: Forgot to sign statement of truth

http://Failure to verify a statement of case22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2)./courts/procedure-rules/civil/rules/part22#22.2


M1