CEL Ltd default CCJ! Pls help!

The_Deep

[FONT=Arial, sans-serif]It is known that many judges are reluctant to award unreasonable behaviour costs, but, imo, in your case they are richly deserved. I would certainly press the matter very hard indeed.[/FONT]

[FONT=Arial, sans-serif]Applying for a CCJ eighteen months after the alleged debt without verifying the appellant's address is unreasonable, more so if you were on the electoral roll..[/FONT]

[FONT=Arial, sans-serif]Asking for £350 when they know that only £175 – £200 is allowable under POFA is not only unreasonable, but dishonesty verging on fraud.[/FONT]

[FONT=Arial, sans-serif]Failing to respond to your reasonable request for basic details of the alleged breach is unreasonable.[/FONT]

[FONT=Arial, sans-serif]Failing to attend the hearing is unreasonable.[/FONT]

[FONT=Arial, sans-serif]I would also add a small amount to the claim for stress.[/FONT]

[FONT=Arial, sans-serif]Did they have reasonable cause to apply to the DVLA, or don't you know that yet? . If they abandon the claim or you win you could consider going after them for DPA breaches, Make them pay heavily for their hubris..[/FONT]

Quentin

Jeff123 wrote: »

Bit confused about what to write to CEL, pls advise. thanks

Until they comply with the item 2 of the court judgement you got you don't need to write to them


You will need to send them a copy of your defence (which you can prepare if and when you get the particulars of claim from them)

Jeff123

I intend to take them to ask. It was really frightening to find my credit file had wrecked.
And I will add to my cost schedule compensation for causing distress.

Jeff123

I thought the judge asked me to write to CEL to ask for the details about this claim,
but he has not put anything on his order.
As per item 2, do they have to send me the details with proof etc by the 16th?
What happens if I haven't heard from them by then?
I am really sorry, my questions may sound dumb. I have not much knowledge about the court process etc.

[Deleted User]

As per item 2, do they have to send me the details with proof etc by the 16th? What happens if I haven't heard from them by then?

You apply to the court with a witness statement setting out the events and the non compliance and ask for the claimants case to be struck out. You should also ask for the costs of both applications to be awarded to you - funnily enough a little more than the amount of their CCJ

Jeff123

Hi everyone.
Just an update.
Called the courts yesterday. They haven't received anything from CEL yet. And I haven't received anything from them as well. The deadline is on 4pm on Monday.
Any advise as to my options?

Jeff123

I am away for a whole week next week. Don't want to miss my deadlines.

Coupon-mad

Draft a letter as per Johnersh's advice, and ask a family member to send it on Monday if no letter arrives from CEL.

If no-one will be at home to do that/check the post, then send the thing to the Judge anyway...

Jeff123

I will draft my defence and post it online later today. I would appreciate it if you guys could kindly
go through it and advise of any amendments.
I am back on the 25th Oct. Wondering if I could deliver the letter to to the court by hand then.
And put a copy in the post for CEL.

Jeff123

I am really !!!!ed off with CEL , they don't care if they wreck someone's life.
They don't even have a common decency to let me know the details of the claim they put against me?!!
I hope the judge will be able to see that and be punitive against them, for being inconsiderate and wasting court time!