CEL Court date confirmed - a little advice on defence statement please

confusedin2014

jojo1 that would be a hugh help! Thank you.

Did cel turn up to court?

Marktheshark the court letter was signed Ashley Cohen, which doesn't indicate to who he is i.e solicitor as they didn't 'delete as appropriate' on the court form.

jojo01

confusedin2014 wrote: »

jojo1 that would be a hugh help! Thank you.

Did cel turn up to court?

Marktheshark the court letter was signed Ashley Cohen, which doesn't indicate to who he is i.e solicitor as they didn't 'delete as appropriate' on the court form.

Nope, they didn't turn up (quite usual for CEL). PM me your email address and I'll send the documents to you.

Ashley Cohen is not a solicitor, but he works for them in some capacity.

confusedin2014

Jojo1 I've just read your post and victory on pepipoo - well done.

May I add that I don't believe I've ever received a copy of CEL DQ? Stupid question what would it look like?

jojo01

You're not alone, CEL never seem to send a copy of their DQs to defendants.

You could write to the court advising them of this and asking them to strike out the claim. There's a template letter on Pepipoo in a number of threads that you can send (sorry, just checked and I don't have a copy on my home computer that I can send you).

Marktheshark

Then first point for defence is failure by the person making the claim to state in what capacity they are operating.
Unless they operate as a sole trader they are supposed to have a solicitor sign off any court papers.
Have they claimed £50 for signing the papers, will be in the box where the total is added up.

confusedin2014

What would be in the DQ letter? The only thing I've had from them is their witness statement dated October and the claim form detailing there 'Particulars for claim'

I will search pepipoo now to find the template letter

Thanks again

confusedin2014

Interesting Marktheshark I would loved to get this thrown out so I can put the whole ordeal behind me.
On the claim form back in July its say amount claimed £130 court fee £35 Solicitors cost £0.

Again signed by Ashley Cohen which on 2nd looks states position as manager.

On the witness statement (signed Ashley Cohen) dated Oct there are extra changes on top of the claim form amounts.....
Drafting of claim/ Witness statement £70
General file attendance £45
Hearing fee £25
Preparation for hearing £65
Claimants Attending court (including travel) £125

So £330 plus the £165 they are claiming £495!

jojo01

It'll be the same DQ document that you filled in (the one in which you stated your preferred court), except from them obviously. It looks like this: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n180-eng.pdf

ETA: Don't worry about the £495 letter, it's just a last ditch attempt by them to try and scare you into paying.

Marktheshark

Then Ashley Cohen is the claimant not who's name is on top as he is not able IMO to sign court papers on behalf of a company.
There is only two options, claimant or solicitor as he is neither, why is he making a claim.
I would play this in a added defence, you have no contract with Ashley Cohen and he can not litigate in the name of others due to the legal services act.

confusedin2014

Thanks jo yep I've never had one of those from CEL, so did the court dismissed your case because you sent the letter to them regarding Cel never sending a copy of their DQ to you? And they failed to let you know it was thrown out? Or did i read your post wrong?