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Civil enforcement limited claim form received

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1235

Comments

  • This is a "play it by ear scenario". One option may well be to ask the usher all means (all innocently) if the court has received a supplemental bundle as you are are still waiting for documents X Y Z in the order of the judge...

    The usher will then probably ask the judge and you may well find that he takes the point for you.
  • claxtome
    claxtome Posts: 628 Forumite
    500 Posts Fourth Anniversary Combo Breaker
    edited 7 December 2017 at 5:34AM
    How can CEL get away with not submitting a WS or any evidence.
    I wouldn't be surprised if CEL discontinue at the last moment as C-M pointed out in post #6.
    If it has not been discontinued I bet the judge won't be happy about them not following procedure and will say there is no case to answer.

    Remember to have your costs schedule ready when you win.

    Most of the people who help on this forum have been in your shoes and understand how you feel today.

    Good luck
  • System
    System Posts: 178,352 Community Admin
    10,000 Posts Photogenic Name Dropper
    One option may well be to ask the usher all means (all innocently) if the court has received a supplemental bundle as you are are still waiting for documents X Y Z in the order of the judge

    This is the usual approach and the Usher will usually confirm if a bundle has been sent to the court - and not you.

    You can also ask the Usher to point out the person who is representing CEL in the waiting room. Or they may approach you. Whatever happens do NOT accept any paperwork they give you. Tell them to pass it to you in front of a judge.

    When you go in, the judge will ask the parties names and roles. When the judge turns to you, explain who you are and that you never received any paperwork from CEL both the first and the second time. The judge will likely strike the case out.

    IMPORTANT: Do not forget to ask for costs and suggest that given CEL's unreasonable behaviour you get costs for BOTH hearings plus the set aside fee.

    If you are getting nervous spend the time writing down how much you are owed, thinking of all the things you should be claiming for.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Thank you all. I now have the school run to distract me from my nerves! I'll let you know how it goes...
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Good luck ��
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Stuck2017 wrote: »
    Thank you all. I now have the school run to distract me from my nerves! I'll let you know how it goes...

    Good luck, whoever attends from CEL will also
    be nervous
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If anyone does! They dont have a huge record of turning up!
  • any news on the hearing?
    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.
  • They didn't turn up to court today! So the judge struck out the case :)
    So, so pleased and relieved. Justice done.
    Thank you all so much for your help and support, I wouldn't have dared take CEL on without you guys.
    ..I know you'll want to know about costs. The judge awarded me £90 costs. I did ask for more based on the claimant behaving unreasonably but he was having none of it! Wasn't prepared to award costs for liturgy in person or printing/postage. I don't mind at all though just so relieved not to have to pay CEL one penny.

    Thanks again guys x
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Stuck2017 wrote: »
    They didn't turn up to court today! So the judge struck out the case :)
    So, so pleased and relieved. Justice done.
    Thank you all so much for your help and support, I wouldn't have dared take CEL on without you guys.
    ..I know you'll want to know about costs. The judge awarded me £90 costs. I did ask for more based on the claimant behaving unreasonably but he was having none of it! Wasn't prepared to award costs for liturgy in person or printing/postage. I don't mind at all though just so relieved not to have to pay CEL one penny.

    Thanks again guys x

    Good news:beer:

    The courts must be fed up with the "NO SHOW CEL"

    I wonder what distant cloud they live on.

    So, they will have a time period to pay, you will know that,
    if they don't pay you can arrange with the court to send in
    the bailiffs which will cost them even more money.
    Sweet revenge on a scammer
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