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  • FIRST POST
    • Jeff123
    • By Jeff123 12th Sep 17, 1:52 PM
    • 30Posts
    • 18Thanks
    Jeff123
    CEL Ltd default CCJ! Pls help!
    • #1
    • 12th Sep 17, 1:52 PM
    CEL Ltd default CCJ! Pls help! 12th Sep 17 at 1:52 PM
    Hello everybody.
    I am yet another victim of CEL ltd. Have received a ccj without knowledge of any wrong doing!
    I received a letter from the bank to check my credit file as they removed my overdraft. I logged in and found out that i have a ccj!
    I called the court, they don't have much information except the name of the company and their telephone details. The courts didn't even know what the judgment was about etc. I googled the company and found out that it is a private parking firm, tried to call them but no luck, only a payment automated line was available. Left a message on other line, it went on voicemail, left a message but not received any communication from them!
    Luckily i came across this website and found out that i am not the only one to have experienced this.
    The story goes, the alleged incident happened on 28th March 2016, i moved house on 15th April 2016, i had royal mail mail redirection setup for 3 months after that, and in all this time i haven't received any PCN from CEL, so have been totally unaware of this whole shebang, the judgement date was 27th March 2017 for £350.!
    I read Saggi's post and took info from their application to set aside the judgement. The hearing is on 2nd Oct.
    I need to know if anyone can point me to right direction, what to expect from the hearing etc.
    I have worked really hard to buildup my credit history, i used to have an excellent score but now it has gone to poor. I am really cross with them and want to ensure they end up paying for their ruthlessness.
    Any help/guidance would be appreciated.
Page 4
    • logician
    • By logician 27th Oct 17, 8:05 PM
    • 88 Posts
    • 37 Thanks
    logician
    On other similar CEL threads they are serving the PoC, albeit late. Someone else has a thread running with a specimen letter to send to CEL's solicitors if this happens before the court has dealt with the issue.

    Originally posted by Loadsofchildren123
    No solicitors are cited typically on CEL claims..
    The infamous Mr Schwarz used to sign off the PoC until scuppered.

    Typically the cycle with CEL for those who fail to deal with this at first stage is that:

    CEL will issue their own "LBC" at £140 with draft claim particulars.

    The next cycle phase is to pass to ZZPS who will inflate the charge again.
    Then Wright Hassall will have a go.

    The matter then appears to have gone through the inflationary charge stages - passing back to CEL for the claim to be issued
    • Mummybear85
    • By Mummybear85 27th Oct 17, 8:19 PM
    • 2 Posts
    • 1 Thanks
    Mummybear85
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    • KeithP
    • By KeithP 27th Oct 17, 8:23 PM
    • 4,717 Posts
    • 3,041 Thanks
    KeithP
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    Originally posted by Mummybear85
    Go to the top of this page and click on 'FORUM HELP'.

    Watch the video.

    Were you not offered that video when you signed up?
    .
    • logician
    • By logician 27th Oct 17, 8:25 PM
    • 88 Posts
    • 37 Thanks
    logician
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    Originally posted by Mummybear85
    Top left hand side above the first sticky thread there is a button which says "New Thread" click on that
    • Mummybear85
    • By Mummybear85 27th Oct 17, 8:49 PM
    • 2 Posts
    • 1 Thanks
    Mummybear85
    Probably Keith yes. But I have 2 babies under 3 I don't even know my own name most days lol
    • Loadsofchildren123
    • By Loadsofchildren123 28th Oct 17, 8:01 PM
    • 1,739 Posts
    • 2,837 Thanks
    Loadsofchildren123
    If CEL don't engage solicitors, write the suggested letter direct to CEL

    Technically if CEL apply for relief from sanctions they may have to be a fee, but they will cite the same CPR as I do which allow the court to make orders without formal applications.

    If I was CEL I'd ignore it and hope the D doesn't realise and hope the court deems it a non issue. But it's more difficult if the D writes to the court to complain. However, at that stage the court may decide the breach is quite small and they should be allowed to continue. It's worth a letter though, not much effort required and Jonersh and I have drafted the letter for CEL defendants who find themselves in this position.
    • Jeff123
    • By Jeff123 28th Nov 17, 9:24 PM
    • 30 Posts
    • 18 Thanks
    Jeff123
    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.
    • Redx
    • By Redx 28th Nov 17, 9:37 PM
    • 16,865 Posts
    • 20,943 Thanks
    Redx
    I believe the above was explained in another thread this week by LOC123

    I suggest you read her recent posts , you will definitely learn a lot
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • logician
    • By logician 28th Nov 17, 10:01 PM
    • 88 Posts
    • 37 Thanks
    logician
    To refresh the thread - OP's ~post 20 on this thread

    Hi everyone.
    I have received the judgement order from court today.
    This is what it states:

    It is ordered that
    1) Judgement set aside forthwith
    2) By 4pm on 16th Oct 2017 claimant must file and serve amended Particulars of Claim setting out the facts supporting the claim.
    3) By 4pm 30th Oct 2017 Defendant must send to the Claimant and to the court any defence.
    4) The costs of the application today are reserved.
    Originally posted by Jeff123

    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.
    Originally posted by Jeff123
    So the court is being very lenient and extending the time for the Claimant to comply with the court order.

    @ Jeff - this means the Claimant has until the 8th December now to serve the particulars etc and you have until the 29th December to file the defence.
    TAKE PITY ON THOSE BLIND BADGERS

    FOR EVERYONE ELSE - THERE IS SPECSAVERS*

    * NB OTHER REPUTABLE OPTICIANS ARE AVAILABLE
    THE POSTER DOES NOT ENDORSE ANY ONE OPTICIAN
    • The Deep
    • By The Deep 29th Nov 17, 9:38 AM
    • 7,409 Posts
    • 6,455 Thanks
    The Deep
    Why is the court being so accommodating to a company renowned for obtaining default CCjs by underhand means? Is it because the system is run by low grade Civil Servants who failed to get into the Job Centre?

    I have had two run ins with them in the past, in one I received effusive apologies, and in the other demanded and got compensation for their incompetence. They made my daughter come down from Nottingham as a witness in a Mags Court when they knew, or should have known, that the perp was in the Crown Court on the same day.
    Last edited by The Deep; 29-11-2017 at 10:40 AM.
    You never know how far you can go until you go too far.
    • Jeff123
    • By Jeff123 30th Nov 17, 2:16 PM
    • 30 Posts
    • 18 Thanks
    Jeff123
    I feel that the justice system/court is too lenient and forgiving to criminals like CEL.
    They have repeatedly ignored the judge’s ruling and don’t give a s*** about the courts etc but still get
    a lot of chances. The courts are encouraging such behaviour and these idiots get away with it again and again!
    • Jeff123
    • By Jeff123 30th Nov 17, 2:19 PM
    • 30 Posts
    • 18 Thanks
    Jeff123
    What happens if CEL yet again do not comply with this order?

    What will be my position? Should I write a letter of complaint to the judge/court?
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 2:30 PM
    • 1,135 Posts
    • 1,159 Thanks
    nosferatu1001
    If they dont comply, then as it clearly states at poiint 1, the claim is struck out

    At that point, you could apply to the court for the hearing to be turned into a Costs Hearing, for you to hear your claim for Unreasonable behaviour costs pursuant to CPR27.14(2)(g). You MUST read up on what is ocnsidered "unreasonable", best bet is the Denton case.

    A letter of complaint to the court will likely do absolutley nothing.
    • Loadsofchildren123
    • By Loadsofchildren123 30th Nov 17, 3:20 PM
    • 1,739 Posts
    • 2,837 Thanks
    Loadsofchildren123
    Phone up the day after it's due and ask if it's been filed. If not, ask for them to send the file to the judge for the automatic strike out to be actioned.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Jeff123
    • By Jeff123 30th Nov 17, 3:44 PM
    • 30 Posts
    • 18 Thanks
    Jeff123
    Thank you.
    8th Dec is not far away. Will wait and see what happens.
    Will let you know what happens.
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