CEL - claim stayed!

Alitbaw

Hi

I've posted previously about the claim against me from CEL which was in the batch of poorly drafted claim forms issued by CEL after the Beavis case when they started resurrecting old files (my claim related to 2012).

Well some good news... Thanks to the advice of amazing people on here I filed a defence and the claim has been stayed at the court due to a lack of response from CEL in time. I'm just waiting for formal confirmation from the court but this means they have to pay a fee to resurrect it.

So, my advice..read everything carefully on here, do all your paperwork in time, and do not fold and pay these people unless the advice here indicates otherwise. It will take time, effort and care but well worth it. The court told me they'd had a flurry of claims from CEL recently so I assume they are playing a numbers game to see what they can get.

I've also made some enquiries at the Solicitors Reg Authority about Mr Schwartz following other advice here..I'll keep you informed.

Have a great day everyone! Keep smiling and dig in!

:beer:

salmosalaris

This is one of a few similar defences I provided and the same has happened in the other cases . Looks like CE may not even want to bother pretending they are going to take it to a hearing atm but just use HMCTS Recovery Plus.

Alitbaw

I still find it astonishing that these companies can operate in this way..right from the start they behave completely inappropriately, ignore you and just expect you to pay in their say so. I do fear for the more vulnerable who would just give in without challenge

The_Deep

Alitbaw wrote: »

I still find it astonishing that these companies can operate in this way..right from the start they behave completely inappropriately, ignore you and just expect you to pay in their say so. I do fear for the more vulnerable who would just give in without challenge

All true

Write to your MP, Trading Standards, local papers and radio stations, companies which use them, managing agents, Uncle Tom Cobley and all.

bod1467

The case has been stayed? Why? Why has it not been closed and found in favour of the defendant?

henrik777

bod1467 wrote: »

The case has been stayed? Why? Why has it not been closed and found in favour of the defendant?

It's an automatic court process. If the defence is filed and the claimant fails to respond and progress the case the matter is put on hold.

Interestingly enough, CEL have done this in multiple cases. If everyone got together and complained as one, or en masse, then perhaps the courts might be minded to put a stop to them. Once or twice is a mistake. Large numbers indicate that litigation was never the plan.

Alitbaw

I certainly think the court is weary of them! I guess there's no way of them warning them for abusing the system in such a way. The court said If CEL want to resurrect they have to pay a fee. Does a judge also have to decide if they can or does it automatically get resurrected?

henrik777

Alitbaw wrote: »

I certainly think the court is weary of them! I guess there's no way of them warning them for abusing the system in such a way. The court said If CEL want to resurrect they have to pay a fee. Does a judge also have to decide if they can or does it automatically get resurrected?

They have to make an application which requires the attention of a judge. It is questionable whether an application would meet the over riding objective for such a low amount.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01

(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable

(b) saving expense

(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved

(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.

Alitbaw

And I'm guessing they'd have to have a good reason for not engaging with the process in time! I do agree that trying to complain as a mass may help.. Itll be interesting to see if the sols reg authority do anything about Mr Schwartz...