Not Me Affidavit Template for England and Wales
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What is a Not Me Affidavit?
The Not Me Affidavit is a crucial legal instrument in England and Wales used when an individual needs to formally deny being the person named in legal proceedings, financial obligations, or other official documents. This document becomes necessary in cases of mistaken identity, identity theft, or fraudulent use of personal information. The affidavit must be sworn before an authorized official and typically includes detailed personal information, supporting evidence, and a clear statement of denial. It is commonly used in both civil and criminal matters where identity is disputed, and forms part of the formal legal record.
Frequently Asked Questions
Is a Not Me Affidavit legally binding in England and Wales?
Yes, a Not Me Affidavit is legally binding in England and Wales under the Civil Evidence Act 1995. Once signed and properly witnessed, it becomes a sworn statement that can be used as evidence in legal proceedings. Making false statements in an affidavit constitutes perjury under the Perjury Act 1911, which carries serious criminal penalties including imprisonment.
Can I be prosecuted if my Not Me Affidavit contains errors or false information?
Yes, making false statements in a Not Me Affidavit is perjury under the Perjury Act 1911, punishable by up to seven years imprisonment. However, honest mistakes or minor errors typically won't result in prosecution if there was no intent to deceive. It's crucial to ensure all information is accurate and truthful before signing, as courts take sworn statements very seriously.
How long does it take to create and execute a Not Me Affidavit?
Creating a Not Me Affidavit typically takes 1-2 hours to draft and can be executed immediately once you find an authorized witness. The main time factor is scheduling an appointment with a solicitor, commissioner for oaths, or notary public to witness your signature. Some high street solicitors offer same-day services, while others may require advance booking.
Does my Not Me Affidavit need to include specific legal language for England and Wales?
Yes, your Not Me Affidavit must include specific formal language required under English law, including a jurat (the sworn statement section) and proper identification of the jurisdiction. It must clearly state your denial of being the named person and include your full legal name, address, and date of birth. The document must also comply with formatting requirements under the Civil Evidence Act 1995.
How is a Not Me Affidavit different from a statutory declaration in England and Wales?
A Not Me Affidavit is a sworn statement made under oath before an authorized witness, while a statutory declaration is made under the Statutory Declarations Act 1835 and is solemnly declared rather than sworn. Both are legally binding, but affidavits carry slightly more weight in court proceedings and are governed by stricter perjury laws under the Perjury Act 1911.
Can creditors still pursue me if I file a Not Me Affidavit for debts?
Filing a Not Me Affidavit doesn't automatically stop creditors from pursuing you, but it provides legal evidence of your denial of responsibility for the debt. Creditors must then prove you are indeed the person liable for the debt. If your affidavit is truthful and properly executed, it significantly strengthens your defense against mistaken identity claims and may prompt creditors to investigate further before continuing action.
Will my Not Me Affidavit be accepted by all UK courts and government agencies?
A properly executed Not Me Affidavit complying with English law will be accepted by all courts in England and Wales and most UK government agencies. However, Scotland and Northern Ireland have different legal systems, so you may need additional documentation for proceedings there. The affidavit serves as formal evidence of your position and must be considered by any court or official body reviewing your case.
About the Not Me Affidavit
A Not Me Affidavit is a sworn statement that allows you to formally deny being the person named in legal proceedings, debt collection actions, or other official documents. Under English law, this document provides a legal mechanism to protect yourself from cases of mistaken identity or identity fraud, ensuring your position is clearly recorded in the legal system.
When do you need this document?
You need a Not Me Affidavit when someone has incorrectly identified you in legal proceedings, debt collection activities, or official records. Common situations include when debt collectors pursue you for someone else's debts, when court papers are served on you by mistake, or when your name appears on legal documents relating to another person's activities. The affidavit is particularly valuable in identity theft cases where criminals have used your personal details to obtain credit or enter into legal obligations. You may also need this document when employment background checks or credit reports incorrectly associate you with another person's legal issues.
Key legal considerations
Your affidavit must contain accurate personal details including your full legal name, current address, and occupation to establish your true identity. The document requires a clear statement denying that you are the person named in the specific proceedings or documents, supported by factual evidence such as different addresses, dates of birth, or other distinguishing information. Under the Perjury Act 1911, making false statements in an affidavit constitutes a criminal offense, so ensure all information is truthful and accurate. Include any supporting documentation such as identification documents, proof of address, or timeline evidence that demonstrates you are not the person in question. The affidavit must conclude with a formal statement of truth declaring that the contents are accurate to the best of your knowledge and belief.
Legal requirements in England and Wales
Under the Civil Procedure Rules Part 22 and Part 32, your affidavit must comply with specific formatting and execution requirements. The document must be sworn before an authorized official such as a Commissioner for Oaths, solicitor, or Notary Public as required by the Commissioners for Oaths Act 1889. Your affidavit should include numbered paragraphs for clarity and must be signed and dated in the presence of the authorized official. The Civil Evidence Act 1995 governs the admissibility of your affidavit as evidence in legal proceedings, ensuring it carries proper legal weight when presented to courts or other authorities. If you choose to make a statutory declaration instead of an affidavit under the Statutory Declarations Act 1835, different execution requirements apply, though the content remains similar.
GOVERNING LAW
Applicable law
This Not Me Affidavit is drafted to comply with England and Wales law. Key legislation includes:
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