Court summons for civil enforcement ltd

Umkomaas

Final question, how do I apply for a strike out? Is there a form, or just send in a letter?

Email the court with your request and the reasons for it (there must be valid reasons, not a stand-alone, random request). Don't expect them to automatically grant your request for a strike out. You must keep going, meeting all the deadlines placed on you, assuming this will go the distance and end up with a court hearing. That way you retain the moral high ground.

You should complain to the court every time the claimant fails to comply with deadline/requirements placed on them.

Keep at it!

eits88

Thanks again for your reply. And on what grounds should I request a strike out? I mean what angle should I be coming from and are there any examples you could point me towards?

Many thanks in advance.

Lamilad

eits88 wrote: »

Thanks again for your reply. And on what grounds should I request a strike out? I mean what angle should I be coming from and are there any examples you could point me towards?

Many thanks in advance.

As above you point out that CEL are acting as a vexatious litigants, issuing hundreds of speculative claims which they have no intention of pursuing once they are defended.

They are using the court as an aggressive form of debt collection to scare people into paying their baseless claims, or to obtain a default CCJ if the defendant has moved.

The above is exactly what they have done in your case. Their conduct of this litigation clearly crosses the threshold of unreasonable behaviour as per CPR 27.14(2)(g). It is against the public interest and an abuse of the small claims process.

You can also mention their woefully vague and inadequate particulars which did not allow you to understand our defend the claim properly. The fact they do not rely on PoFA meaning only the driver is liable, not the keeper, yet they were pursuing you as the RK without one shred of evidence as to who was driving.

Say they were chancing their arm hoping to make a 'quick buck' and as it hasn't worked they've abandoned the claim. Invite the judge to check how many CEL claims are currently "stayed" at ccbc then they will find everything you've said is true.

For all these reasons (and any others you can think of) the claim should be struck out as being highly speculative, having no prospect of success and due to the claimants unreasonable conduct of the litigation

nosferatu1001

Having been through their own case and winning it, Lamilad is extremely knowledgeable on this. Do as they say

You may not be successful with your request for a strike out - firstly I would add you should suggest the court uses their own case management powers to order the strike out without a hearing. This avoids the default response from smoe courts of "pay us £100 to consider your application".
Secondly if you are not successful, and the claim is stayed, keep hold of paperwork, etc. I doubt they would pay £100 to lift the stay, but they may get (more) desperate.

eits88

Good evening, I have now received a letter from the CCBC asking me to complete the Small Claims Directions questionnaire (Form N180). From reading all the posts as I did a while back when I launched my defense, I understand that this is normal in the proceedings.

I would like to ask if someone could point me to the guidelines I should follow when completing this form?

Very grateful for any help here.

With thanks,
88

Coupon-mad

Yep, it's in post #2 of the NEWBIES thread, a post linked there by bargepole tells you how to complete it.

You can still seize the chance to put a covering letter with the N180, pointing out the lack of cause of action & woeful particulars, and ask that the court uses their own case management powers to order the strike out without a hearing. No harm in asking.

eits88

Thanks for your quick response. I have located these notes from Bargepole and will follow them.

I understand I have to send a copy of this questionnaire to CEL, does this have to be by post or can I email a scanned copy? If by post, does anyone have their official postal address for me?

Also, can I email this back to CCBC?

Many thanks again,

88

eits88

Hi again, here's a quick update... Sent the questionnaire a couple of weeks back and today I received a letter from CCBC titled "notice if transfer of proceedings".

The letter says "to all parties, thus claim has been transferred to the below county court hearing centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to a track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.

If you would like any further information you can contact the local county court hearing centre directly but please await the judge's directions".

Can someone in this forum please advise what are the next steps and is this letter basically saying that a hearing will indeed go ahead?

Many thanks in advance for your reply.

Quentin

It means the case will now be dealt with at this new court location.

At this stage it doesn't mean a hearing is definite. If there is one it will be at this court.

Ultimately if the claimant pays out for a hearing then one is likely to go ahead

eits88

Thanks for your reply.

So this letter is normal in terms of how these things progress, in your experience? What would they need to pay to take it to hearing?