Court claim, misspelled name.

psychedelicbiker

Hi all,

Great info in this forum. I received a county court claim from CEL today. So far all their letters which i have ignored and the county court claim have been in the name "Stephen Carter" instead of "steven carter." Before i complete my acknowledgment i thought i would check if this can be squashed due to the incorrect name or should i just go ahead and complete the form as instructed in the dropbox pdf from the forum.

Thanks in advance
Steve

Coupon-mad

Yawn, do we think CEL do this on purpose so numpty people ignore claims?

https://forums.moneysavingexpert.com/discussion/5664789

Same as your case. I fact all CEL ones are the same and I have no idea why we keep getting new threads about this every day when all that is needed is to search the forum and copy a defence already written v CEL, that got the claim quashed.

Happily, this happens every time a CEL claim is well defended, so why are we repeating this on every thread every day? Just use the forum as intended and search it. The answer is here, on every CEL defence thread. Easy to copy from.

The misspelled name doesn't quash it, and is hardly even relevant. If the recipient can be reasonably identified then the claim is addressed substantially correctly.

Yes do the AOS online, spelling the name correctly.

And then copy a very recent CEL defence that has resulted in the claim being stayed, as they always are. Search the forum for 'CEL claim stayed'. Be happy that you have one of the easy ones, CEL always fold, no hearing, nothing scary, no CCJ!

psychedelicbiker

Wow, no need for insults. If it gets asked alot maybe it should be mentioned on the sticky thread for newbies which i did read. Apologies for not reading every single thread on the forum.

Coupon-mad

The thing is, everything gets asked all the time, at the moment we are pointlessly drowning in CEL claim threads, each person only has to look at the other ones.

Every claim defeated for over a year, all easy to find 'CEL defence' or 'CEL claim' would be all you need to search for.

Too many threads the same will mean we can't help everyone, so it's important to search or we will drown here.

Umkomaas

Apologies for not reading every single thread on the forum.

Sarky! No one is asking you to do that, just use the very powerful forum search engine to just bring up all the CEL cases you can consume in one fell swoop.

CEL don't want to appear before a judge. They hope you crack under their pressure, then you just meekly pay them. Second best is you adopt the ostrich position and ignore everything, then they get a default judgment against you, and you get a CCJ and a complete trashing of your creditworthiness. Only when this sinks home, because you can't get a mortgage or a loan (or even a new mobile phone contract) do you panic and pay off their excessively inflated claim - not that that changes anything re your creditworthiness - but they still get their money.

What they don't want is for you to get expert advice from this forum - and Coupon-mad is the foremost expert on private parking in the country (so why you're attempting to upset her is beyond me, because she can really help you). Because getting expert advice and developing a robust defence will mean CEL running away and dropping their claim against you. But there are plenty of threads that I've commented on (similar to this) will tell you this.

Further corroboration of this approach comes from Gan, PePiPoo's highly respected regular. The following describes the process CEL go through to inflate their claim, who else they involve, and how to beat them at their game.

The standard process is :

CEL sends an LBA
If no payment, it doesn't issue a claim as it should but sends the account to ZZPS as an excuse to inflate the claim with charges that it's never paid

ZZPS adds £60 and sends two letters in its own name plus one from Wright Hassall Solicitor that adds another £36

Wright Hassall sends two letters - Final Notice and Formal Letter of Claim
If no payment, it sends the account back to CEL

CEL may or may not issue a claim
If it issues a claim it will be for £236 plus a fake £50 Legal representative charge
The additional detailed particulars of claim will have a fake Ashley Cohen signature

If the claim is defended, pointing out the fake charges and signatures, CEL won't reply
After four weeks the court will stay the claim so that CEL will have to pay to revive it
The Defendant never hears from CEL again.

I've written over 120 CEL defences and none of the claims has gone any further.

Coupon-mad

psychedelicbiker wrote: »

Apologies for not reading every single thread on the forum.

Just other CEL threads!

A search takes seconds and is the best way to use any forum, but even without searching, these two were right next to your thread today on the forum thread list:

https://forums.moneysavingexpert.com/discussion/5665079

https://forums.moneysavingexpert.com/discussion/5664546

A bit of frustration creeps in when I've answered thirty parking queries per evening after a busy day at work where I start before 8am. Especially frustrating (sorry) is when we find thread after thread, broadly all about the same issue (the 12th June latest deluge of CEL claims) where the posters could all have read the thread next to it, or a few threads down.

Or searched & found in a few minutes, that CEL cases all get quashed with a simple template defence. As will yours, and we want you to win.

psychedelicbiker

Coupon-mad wrote: »

The thing is, everything gets asked all the time, at the moment we are pointlessly drowning in CEL claim threads, each person only has to look at the other ones.

Every claim defeated for over a year, all easy to find 'CEL defence' or 'CEL claim' would be all you need to search for.

Too many threads the same will mean we can't help everyone, so it's important to search or we will drown here.

The advice in the newbie post is to urgently start a thread with yoyr defence.

psychedelicbiker

Umkomaas wrote: »

Sarky! No one is asking you to do that, just use the very powerful forum search engine to just bring up all the CEL cases you can consume in one fell swoop.

CEL don't want to appear before a judge. They hope you crack under their pressure, then you just meekly pay them. Second best is you adopt the ostrich position and ignore everything, then they get a default judgment against you, and you get a CCJ and a complete trashing of your creditworthiness. Only when this sinks home, because you can't get a mortgage or a loan (or even a new mobile phone contract) do you panic and pay off their excessively inflated claim - not that that changes anything re your creditworthiness - but they still get their money.

What they don't want is for you to get expert advice from this forum - and Coupon-mad is the foremost expert on private parking in the country (so why you're attempting to upset her is beyond me, because she can really help you). Because getting expert advice and developing a robust defence will mean CEL running away and dropping their claim against you. But there are plenty of threads that I've commented on (similar to this) will tell you this.

Further corroboration of this approach comes from Gan, PePiPoo's highly respected regular. The following describes the process CEL go through to inflate their claim, who else they involve, and how to beat them at their game.

I was polite. Coupon-mad was rude to me first, calling me a numpty. How is someone new supposed to know that there are lot of CEL defeated cases? Or where to find the standard defense. Dont blame me i dont run this forum. If lots of people are asking the same questions maybe the information could be easier to find.
Maybe there should be a link to a standard defense.

Redx

there are plenty of examples linked in the NEWBIES sticky thread post #2 , which was written by a volunteer called coupon-mad

the point here is that members have to do their own research, put the time and effort in

if she deleted all her advice on here, how far do you think you would get ?
you would be told to find recent threads on similar lines and follow their lead

its easy enough to use the drop down forum search box, its not our job to teach people how to use a public forum either (especially when they have been members for 8 years !) , we help out free of charge by telling people the basics so they can get on with doing their research and they can post the results for further help or critique

using the forum drop down box search advice with CEL DEFENCE the carz88 thread would seem a good starting point and is a june 2017 thread , as would the puredestiny thread too

the alternative is to find and pay a lawyer to do it for you , which you are perfectly free to do

plenty of people have come on here in the initial stages and get their feathers ruffled by the replies , then later on after they have calmed down and put some work in they realise what is involved, and why some replies are as they are, then they get to help out others as their knowledge and experience gros

like lamilad, knew nothing 12 months ago just like you , started off on the wrong foot and now a year later has beat VCS/EXCEL on more than one occasion, helps others and knows a lot about the court process too

shooting the messenger is a poor strategy , especially when those messengers make dozens of posts on a daily basis and have helped thousands of people

you expect far too much from your meagre forum subscription costs

perhaps when you are up to speed and have won your case , you might stick around and use that knowledge to help others (but most people dont , they fly off into the wind once their feathers have been preened)

perhaps a day in court may change your simplistic way of looking at this matter ?

ps:- none of us run this forum either , the admin staff and board guides do not get involved and do not help , its a free service , where members can help members , there is no set format and its a complex and complicated topic , so wanting easy answers and guides is impossible

so read my signature below

Coupon-mad

Maybe there should be a link to a standard defence.

But with CEL the defences are specific to CEL and change a fair bit over time. For example, in a period of just 6 months, this happened:

Their claims used to be signed by Mr Schwartz, then he got into a bit of trouble,
then they were signed by Mr Cohen,
then 'Legal Team'
and then the 'Legal Representative'
and/or 'Civil Enforcement' (but with no name). We've adapted to ALL of those changes.

Defences evolve every month or so as we learn about new appeals and details to include. And we see people win all of them, and we see CEL defendants never even have to face a hearing.

And bear in mind there are hundreds of parking firms, there is no 'standard defence'; has to be said, I've seen some rubbish defences in my time and if you want a crappy template defence you might get given one elsewhere... If we did that, it would be lazy, irrelevant in many cases, and newbies like you would stand less chance of winning.

We do this for free and we do it well.

Just to add, in the time it's taken for all this to be chewed over on your thread over a few days, yet still no draft defence shown for us to comment and help you with, we've seen at least 3 other CEL defendant newbies fly by, start a thread (fair enough) take on board the search needed, and come up with a defence which is now filed in their cases.

You could have read recent threads and copied theirs - and you still can...they were all in the past few days and easy to find (even without searching) just by looking back over, say the past 20 pages of the forum threads and clicking on any CEL defence/claim thread title. There are not loads but enough for anyone to find a defence or two , and see the sort of wording currently used.

psychedelicbiker

I Have done my AOS.

I now want to file my defence which I will post below. I have seen that a good method is to do this by email rather than MCOL. I will probably get slated for this question but i'm going to ask it anyway as I have read many threads but I can't find the answer. Do I only have to send my defence by email or do I have to notify via MCOL that I am sending my defence by email.