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  • FIRST POST
    • Grace_pp
    • By Grace_pp 29th Nov 17, 10:39 AM
    • 4Posts
    • 0Thanks
    Grace_pp
    Please Help! Civil Enforcement notice of allocation
    • #1
    • 29th Nov 17, 10:39 AM
    Please Help! Civil Enforcement notice of allocation 29th Nov 17 at 10:39 AM
    Please can someone help! I've searched through post after post but i'm really stuck.
    I received a letter from county court business centre regarding 'outstanding debt and damages £236'. I rang the county court to advise i haven't received the detailed particulars and don't know what it is regarding nor have i had contact from the company. They were well past the date when they should have filed by so the lady on the phone said just submit the defence as i don't know what its for and haven't received particulars so therefor cannot file a proper defence.
    I have now received the 'notice of proposed allocation to small claims track'. I have filled in ready to send back. Should i say no to mediation? This is the impression i have from the forum.
    Also does anyone have experience of this situation? I just don't want to be in court where they tell me on the spot and i then have to try and defend. They could just say they sent the particulars and how can i prove i haven't had it. Hope someone can advise me please. Thanks in advance.
Page 1
    • Loadsofchildren123
    • By Loadsofchildren123 29th Nov 17, 11:07 AM
    • 1,751 Posts
    • 2,852 Thanks
    Loadsofchildren123
    • #2
    • 29th Nov 17, 11:07 AM
    • #2
    • 29th Nov 17, 11:07 AM
    Fill in the DQ as advised in the newbies thread.


    Send it with a covering letter and send a copy of the letter to CEL.


    Dear Sirs,


    I am the Defendant in this matter and enclose my completed Directions Questionnaire.


    When the matter is transferred to my local court and directions given, I ask that the following matters are considered:


    1. The Claim Form states that further Particulars of Claim were to follow. These should have been served within 14 days of the Claim Form (Rule 7.4(1)(b)).
    2. No further Particulars have been served. They should have been served by [calculate this: date on claim form, add 5 days, then add 14].
    2. Under rule 9, the Defendant is not obliged to acknowledge or defend the claim until after the further Particulars have been served.
    3. Because MCOL sent me the response pack with the Claim Form, I did not realise that time was not running for me to acknowledge or defend, and I filed an Acknowledgement of Service.
    4. By the time I thought I had to file the Defence, the further Particulars had still not been served, and so I telephoned MCOL to ask what to do. I explained that I did not understand the claim and was in great difficulty defending it, because the Particulars on the Claim Form are so sparse. I was advised to serve a defence anyway. I believe that this advice was entirely wrong and I have made a separate complaint to MCOL.
    5. As things stand, the further Particulars have not been served, and the Claimant has not requested any extension of time to do so. The only Particulars (those which appear in the Claim Form) make out no cause of action and do not contain anywhere near sufficient detail for me to be able to understand the claim and defend it.
    6. I ask the court to make directions as to the way forward. I believe that the Claimant, who I am aware litigates many near-identical cases, should not be permitted to file any further Particulars and the claim should be struck out under Rule 3.4. If the court is not minded to make this order, it should compel the Claimant to properly particularise its claim and should allow me to file an Amended Defence.
    7. The court has the power to strike out the case of its own volition without requiring me to apply (Rule 1.4(2)(c) and Practice Direction 26 , paragraph 5.1), and in asking you to do so I am considering the fact that this is a small claim and the overriding objective in Rule 1.
    I confirm that I have sent a copy of this letter to the Claimant.


    Yours faithfully
    [your name and signature]


    STAPLE your letter to the DQ to make sure the judge sees it and write on the form "please see covering letter seeking additional directions".


    I'd also complain to MCOL. Send them a copy of the above letter and say


    Dear Sirs,


    I attach a letter and the Directions Questionnaire, and ask that this letter of complaint is dealt with by your customer services team


    You will see from the letter that the Claimant has still not served further Particulars of Claim and is in serious breach of Rule 7.4(1)(b).


    I telephoned the court on [date] to ask what to do. I explained that I was unable to file a defence without understanding the particulars of the claim. Some sympathy was expressed, and I was advised to file a defence anyway. The matter has now reached Allocation stage.


    The advice by MCOL to file a defence was wholly wrong and I refer you to Rule 9 of the CPR. I am now left in a position of defending a claim which I do not understand, while the Claimant has been allowed to ignore its obligations under the Rules.


    It is a serious matter for such wrong advice to be given to a litigant in person. MCOL staff should know the court rules which it expects litigants to comply with. It should not allow one litigant to breach the rules and expect another to comply with them, nor should it have advised me to file a defence. This potentially causes me significant detriment.


    I want this complaint to be dealt with and ask for a detailed response within 14 days.


    Yours faithfully
    [your name/signature]
    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.
    • Grace_pp
    • By Grace_pp 29th Nov 17, 1:03 PM
    • 4 Posts
    • 0 Thanks
    Grace_pp
    • #3
    • 29th Nov 17, 1:03 PM
    Thanks
    • #3
    • 29th Nov 17, 1:03 PM
    Thanks a lot! I will follow your advice. I appreciate your time

    Fill in the DQ as advised in the newbies thread.


    Send it with a covering letter and send a copy of the letter to CEL.


    Dear Sirs,


    I am the Defendant in this matter and enclose my completed Directions Questionnaire.


    When the matter is transferred to my local court and directions given, I ask that the following matters are considered:


    1. The Claim Form states that further Particulars of Claim were to follow. These should have been served within 14 days of the Claim Form (Rule 7.4(1)(b)).
    2. No further Particulars have been served. They should have been served by [calculate this: date on claim form, add 5 days, then add 14].
    2. Under rule 9, the Defendant is not obliged to acknowledge or defend the claim until after the further Particulars have been served.
    3. Because MCOL sent me the response pack with the Claim Form, I did not realise that time was not running for me to acknowledge or defend, and I filed an Acknowledgement of Service.
    4. By the time I thought I had to file the Defence, the further Particulars had still not been served, and so I telephoned MCOL to ask what to do. I explained that I did not understand the claim and was in great difficulty defending it, because the Particulars on the Claim Form are so sparse. I was advised to serve a defence anyway. I believe that this advice was entirely wrong and I have made a separate complaint to MCOL.
    5. As things stand, the further Particulars have not been served, and the Claimant has not requested any extension of time to do so. The only Particulars (those which appear in the Claim Form) make out no cause of action and do not contain anywhere near sufficient detail for me to be able to understand the claim and defend it.
    6. I ask the court to make directions as to the way forward. I believe that the Claimant, who I am aware litigates many near-identical cases, should not be permitted to file any further Particulars and the claim should be struck out under Rule 3.4. If the court is not minded to make this order, it should compel the Claimant to properly particularise its claim and should allow me to file an Amended Defence.
    7. The court has the power to strike out the case of its own volition without requiring me to apply (Rule 1.4(2)(c) and Practice Direction 26 , paragraph 5.1), and in asking you to do so I am considering the fact that this is a small claim and the overriding objective in Rule 1.
    I confirm that I have sent a copy of this letter to the Claimant.


    Yours faithfully
    [your name and signature]


    STAPLE your letter to the DQ to make sure the judge sees it and write on the form "please see covering letter seeking additional directions".


    I'd also complain to MCOL. Send them a copy of the above letter and say


    Dear Sirs,


    I attach a letter and the Directions Questionnaire, and ask that this letter of complaint is dealt with by your customer services team


    You will see from the letter that the Claimant has still not served further Particulars of Claim and is in serious breach of Rule 7.4(1)(b).


    I telephoned the court on [date] to ask what to do. I explained that I was unable to file a defence without understanding the particulars of the claim. Some sympathy was expressed, and I was advised to file a defence anyway. The matter has now reached Allocation stage.


    The advice by MCOL to file a defence was wholly wrong and I refer you to Rule 9 of the CPR. I am now left in a position of defending a claim which I do not understand, while the Claimant has been allowed to ignore its obligations under the Rules.


    It is a serious matter for such wrong advice to be given to a litigant in person. MCOL staff should know the court rules which it expects litigants to comply with. It should not allow one litigant to breach the rules and expect another to comply with them, nor should it have advised me to file a defence. This potentially causes me significant detriment.


    I want this complaint to be dealt with and ask for a detailed response within 14 days.


    Yours faithfully
    [your name/signature]
    Originally posted by Loadsofchildren123
    • Grace_pp
    • By Grace_pp 1st Dec 17, 11:14 AM
    • 4 Posts
    • 0 Thanks
    Grace_pp
    • #4
    • 1st Dec 17, 11:14 AM
    Clarification
    • #4
    • 1st Dec 17, 11:14 AM
    Apologies if this is a stupid question.
    I'm ready to send off and just wanted to check i have what I'm sending to who correct.

    County court business centre- questionnaire, first letter and complaint letter.

    CEL- copy of questionnaire and copy of first letter.

    I am getting confused as not sure if MCOL and CCBC are the same thing? When i called for advice as i hadn't received particulars it was the County court business centre i rang. Just wanted to check this is what i have written in the letter.

    Many Thanks


    Fill in the DQ as advised in the newbies thread.


    Send it with a covering letter and send a copy of the letter to CEL.


    Dear Sirs,


    I am the Defendant in this matter and enclose my completed Directions Questionnaire.


    When the matter is transferred to my local court and directions given, I ask that the following matters are considered:


    1. The Claim Form states that further Particulars of Claim were to follow. These should have been served within 14 days of the Claim Form (Rule 7.4(1)(b)).
    2. No further Particulars have been served. They should have been served by [calculate this: date on claim form, add 5 days, then add 14].
    2. Under rule 9, the Defendant is not obliged to acknowledge or defend the claim until after the further Particulars have been served.
    3. Because MCOL sent me the response pack with the Claim Form, I did not realise that time was not running for me to acknowledge or defend, and I filed an Acknowledgement of Service.
    4. By the time I thought I had to file the Defence, the further Particulars had still not been served, and so I telephoned MCOL to ask what to do. I explained that I did not understand the claim and was in great difficulty defending it, because the Particulars on the Claim Form are so sparse. I was advised to serve a defence anyway. I believe that this advice was entirely wrong and I have made a separate complaint to MCOL.
    5. As things stand, the further Particulars have not been served, and the Claimant has not requested any extension of time to do so. The only Particulars (those which appear in the Claim Form) make out no cause of action and do not contain anywhere near sufficient detail for me to be able to understand the claim and defend it.
    6. I ask the court to make directions as to the way forward. I believe that the Claimant, who I am aware litigates many near-identical cases, should not be permitted to file any further Particulars and the claim should be struck out under Rule 3.4. If the court is not minded to make this order, it should compel the Claimant to properly particularise its claim and should allow me to file an Amended Defence.
    7. The court has the power to strike out the case of its own volition without requiring me to apply (Rule 1.4(2)(c) and Practice Direction 26 , paragraph 5.1), and in asking you to do so I am considering the fact that this is a small claim and the overriding objective in Rule 1.
    I confirm that I have sent a copy of this letter to the Claimant.


    Yours faithfully
    [your name and signature]


    STAPLE your letter to the DQ to make sure the judge sees it and write on the form "please see covering letter seeking additional directions".


    I'd also complain to MCOL. Send them a copy of the above letter and say


    Dear Sirs,


    I attach a letter and the Directions Questionnaire, and ask that this letter of complaint is dealt with by your customer services team


    You will see from the letter that the Claimant has still not served further Particulars of Claim and is in serious breach of Rule 7.4(1)(b).


    I telephoned the court on [date] to ask what to do. I explained that I was unable to file a defence without understanding the particulars of the claim. Some sympathy was expressed, and I was advised to file a defence anyway. The matter has now reached Allocation stage.


    The advice by MCOL to file a defence was wholly wrong and I refer you to Rule 9 of the CPR. I am now left in a position of defending a claim which I do not understand, while the Claimant has been allowed to ignore its obligations under the Rules.


    It is a serious matter for such wrong advice to be given to a litigant in person. MCOL staff should know the court rules which it expects litigants to comply with. It should not allow one litigant to breach the rules and expect another to comply with them, nor should it have advised me to file a defence. This potentially causes me significant detriment.


    I want this complaint to be dealt with and ask for a detailed response within 14 days.


    Yours faithfully
    [your name/signature]
    Originally posted by Loadsofchildren123
    • nosferatu1001
    • By nosferatu1001 1st Dec 17, 11:33 AM
    • 1,136 Posts
    • 1,165 Thanks
    nosferatu1001
    • #5
    • 1st Dec 17, 11:33 AM
    • #5
    • 1st Dec 17, 11:33 AM
    Money Claim Online - MCOL - is the method by which a claim is issued
    CCBC is who processes these claims.
    • Grace_pp
    • By Grace_pp 1st Dec 17, 1:22 PM
    • 4 Posts
    • 0 Thanks
    Grace_pp
    • #6
    • 1st Dec 17, 1:22 PM
    • #6
    • 1st Dec 17, 1:22 PM
    Thanks. So does my letter need amending? As i rang the CCBC but am complaining to MCOL. If that makes sense?

    Money Claim Online - MCOL - is the method by which a claim is issued
    CCBC is who processes these claims.
    Originally posted by nosferatu1001
    • nosferatu1001
    • By nosferatu1001 1st Dec 17, 3:51 PM
    • 1,136 Posts
    • 1,165 Thanks
    nosferatu1001
    • #7
    • 1st Dec 17, 3:51 PM
    • #7
    • 1st Dec 17, 3:51 PM
    No, youre not complaining to MCOL. MCOL is a service, not the organisation. Youre letting the CCBC know of an issue relating to a claim issued through the MCOL SYSTEM.
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