Who serves a claim form and response pack on the defendant?

[Dookist]

Hello!! I wonder if anyone can help, please?

Whose responsibility is it to serve a claim form and response pack on a defendant… the claimant or the court?

All information seems to state that the court is responsible;

Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online.
The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought.

My claim was issued by the court on 5 July and the defendant did not respond so I requested judgement by default, however, the court has written to me to ask for a Certificate of Service… I am confused… does this mean I was supposed to serve the claim form, etc?

Many thanks for any info...

[ostell]

Re: Who serves a claim form and response pack on the defendant?

I think the court office you are dealing with could be confused. Certificate of Service is another document required when additional documents are sent. Was this an online request for judgement?

[Dookist]

Re: Who serves a claim form and response pack on the defendant?

Well… that's what I thought… but the enforcement section at Queen's Bench has just informed me that they included a response pack when they sent a notice of issue and that I was expected to serve the claim form and response pack to the defendant.

The thing is, they didn't include the response pack and that's why I made the assumption that the court had served the documents to the defendant.

All the info I researched online told me that the court usually serves the claim and response pack.

They have messed up and I await their further advice.

I suppose I will have to download a response pack and serve the documents myself, but the court's mistake has delayed my claim by a month.

Many thanks for your help.

Dookist