Personal Service of Summons

[funkyparott]

As the title suggests, I am planning on carrying out a 'personal' service of summons on my local bank branch on their busiest day and as loudly as possible.

 

I assume that I would have to complete the N1 manually (using the template in your forms section), take it to my local country court - pay the fee and get it stamped?

 

Do they then give the summons back to be so I can serve it? Can the summons be left with a cashier? Is there a section for the receiver to sign i.e a receipt (to prove it was server).

 

 

FP

[alanfromderby]

It will probably delay things - and I gather that you do have to make a formal request to the court for permission to serve them personally - but I don't see any problem. The court rules state that you can leave them with a "manager" - and it does not say that you need to obtain a signature - however, if you could get one it would obviously be advisable.

[BankFodder]

If I were you I would ask to see the manager. Ask very loudly and when they ask why? tell them loudly that you want to serve him with a summons in respect of your penalty charges.

 

However, I wouldn't make it too personal and gloating. It's not his fault, really. However do let the customers know about this site.

You could even do a few handouts with our site address on and hand them out.

 

After the srvice, YOU MUST complete and file a certificate of service wiht the court wihtin 7 days - even if the court tells you differently.

[dcefx]

Personally i wouldn't

 

1) there's a wealth of legal pitfalls and potential complications - if you make any mistakes you've ruined everything

 

2) it won't achieve anything

 

3) youl be giving innocent staff complete hell

 

4) At best you'd only inform a couple of customers who happen to be near you (if you started shouting about it you'd probably be arrested for breach of the peace) and they're more likely to dismiss you as a crackpot and/or be told by the staff that you're a crackpot.

 

5) it won't actually achieve anything

 

6) it won't actually achieve anything.

 

Let the court do it for you = less hassle and you still get the same result.

[funkyparott]

Personally i wouldn't

 

1) there's a wealth of legal pitfalls and potential complications - if you make any mistakes you've ruined everything.

 

Quite possibly. But how hard can it be to serve a summons?

 

2) it won't achieve anything

 

It will provide me with a sense of achievement. It would be a tiny moral victory for me. Perhaps you have not been on the receiving end of bank staff's arrogance and rudeness when you are in major financial difficulty?

 

3) youl be giving innocent staff complete hell

You have misinterpreted what I have said. I have no intention to start ranting and raving. How can speaking loudly be giving innocent staff hell? It is still possible to remain assertive whilst being polite.

 

4) At best you'd only inform a couple of customers who happen to be near you (if you started shouting about it you'd probably be arrested for breach of the peace) and they're more likely to dismiss you as a crackpot and/or be told by the staff that you're a crackpot.

 

A breach of the Queen's peace occurs when an act is done or threatened to be done which either actually harms a person, or in his presence his property, or is likely to cause such harm, which puts someone in fear if such harm being done.

 

I am well aware of the common law relating to breach of the peace. I have no intention of going anywhere near the threshold for this.

 

Bank staff can think of me what they want. It will be for a court to decide at the end of the day.

 

Clearly there is a procedure set up and in place for personal service of summons. If there is such a procedure, why is it that this is in place if no purpose exists for it / or it won't achieve anything ?

 

 

FP

[dcefx]

It won't achieve anything and you won't feel any better for it - the absolute best that could possibly happen is that the bank manager walks out of his office, takes the envalope from you then walks back to his office.

 

It's infinitly more satisfing taking the claim form to the court and watching the clerk process it, finishing off by taking a big rubber stamp and stamping your form - then 10 days later getting a letter telling you that the summons has been issued and everything has been done properly.

 

 

If you're not planning on making any noise / scene then again there's no point doing it and if you do make a scene you'll just damage your own position and make the people that see you think you're a crackpot.

 

There's an overwhelming urge to "embarrase" the bank, to try and humiliate them it's completely understandable but i've got news for you- on your own you don't stand a chance. Treat the banks like they treat you, with a cold, clinical efficency and rigerous attention to "the process", that way in a few weeks time you'll either have a court judgement against them (which you CAN then use to embarrase them) OR you'll have them come crawling to you despartly trying to get you to drop your case.....

[funkyparott]

Sorry to bring this up again. I am reading again and again that Banks are applying for judgement in default's to be set aside using the old chestnut 'we didn't recieve the summons' - and they are getting away with it.

 

To my knowledge the courts only post the summons standard post.

 

Surely it is worth doing personal service for this reason alone. I'm sure there are pitfalls, but how hard can it be? I am going to read the civil court manual now and work this out.

 

Can anyone provide me with any pointers?

I am not having my claim struck out over any porkies that may get told later down the line.

[alanfromderby]

Even if you get it signed for by the branch manager, their legal department can claim it hasn't reached them, and however unfair it may seem, they will almost certainly get their set-aside.

[BankFodder]

As far as personal service goes, if it is what empowers you and you feel you need do then I recommend that you do do it. I really don't see a problem. The only important thing of course is to stay polite. Certainly it does deal very comprehensively with the standard argument from the bank that they didn't receive the documents.

 

I'm afraid that I disagree with the comment that it wouldn't make a difference to the banks application to set aside. There is no requirement that the summons must actually reach a lawyer or a legal department. All you have to do is to show service on the bank. If you can prove that you personally served it on your branch then this will be good enough and any attempt by the bank to claim that they did not receive it will be completely wiped out.

 

However as I said in an earlier post you must file a certificate of service within seven days of having served the claim. This is essential -- and let me tell you that personal service is so rare that even many county court staff don't realise that a certificate of service must be filed and I have heard instances of them telling people that it was not necessary. A failure to file a certificate of service could be fatal for you and would certainly open the door to a set aside

[funkyparott]

Form N215 - Certificate of Service indicates that for personal service of documents on a business, the documents must be left 'with a person holding a senior position within the company'.

 

 

This would suggest that it would not be suitable to leave it with a cashier (no disrespect to cashiers), but perhaps the branch manager.

 

 

FP

[BotB]

Hi FP

 

If you want to personally serve the Bank then go for it! And you are correct about a cashier being too low down the pecking order to comply with the rules. You'd need manager or asst. manager level. Most definitely you need to file a certificate of service.

 

I think its an entirely subjective opinion as to whether one prefers the satisfaction of cold clinical efficiency to making a loud and attention grabbing statement on the floor of the bank. Each to his own.

And if the bank manager won't play ball and stays in his office, well you can always serve it by fax on head office, keep the receipt, file the certificate of service and its classed as same day service if faxed before 4.00 p.m. so nothing lost by going close up and personal.

 

Keep us informed!

[lee6370]

Go for it, if i had the time I'd do it as well.

[funkyparott]

I have downloaded the electronic version of form N1. Unfortunatley, I cannot fit my particulars of claim on the form. Is there a N1 continuation form? Or should I just mark at the bottom of the sheet (CONTINUED OVERLEAF), and just type the remaining claim on an A4 sheet of paper.

[Seminole]

Just continue it on another sheet of paper but make sure that you give it an appropriate heading .

 

Also, here's a link to an online version you can print off and use:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=844

[Rooster-UK]

Just one small point.

 

To serve the summons yourself, first ensure that your branch does actually have a manager.

 

A lot of branches don't. They are grouped together under one central branch.

 

That said...... Good luck.

[funkyparott]

I am rethinking the personal service.

 

I have just read a thread in the Abbey National Bank section.

 

It would appear that Abbey solicitors have obtained a stay by claiming even though a summons was served on their company (they don't dispute this); the branch did not forward it in time to the solicitor's department.

 

 

FP

[Rooster-UK]

That's always a possibility. Perhaps, at this stage, it's better send it to the head 0ffice by recorded delivery to make sure that they can't use that line.

Don't give them any excuse to delay it.

And you'll still have the satisfaction of knowing that you've clawed back some of their ill-gotten gains.

[funkyparott]

This topic was closed on 03/08/19.

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