CEL Ltd default CCJ! Pls help!

Loadsofchildren123

Not your fault OP, but I'm getting tired of posting the same stuff over and over today!!!


Write this letter:


Dear Sirs


Claim number xxxxxx


I refer to the order made on [date].


The order provided that the Claimant file Amended Particulars of Claim by [date] and that I file a defence [x] days thereafter.


On x date I wrote to the Claimant informing them of the order, and of course they will have been served with a copy of the order by the court. However, I have heard nothing at all from the Claimant, and it has not served me with any Amended Particulars of Claim. The Claimant is therefore in breach of paragraph x of the order.


Having not been served with Amended Particulars of Claim, I have telephoned the court on [date and date] to ask if any have been filed and I have been told they have not.


Given that the Claimant is now in breach of the requirement to file Amended Particulars, I ask that the claim is struck out pursuant to CPR Part 3.4. The court may of course make such an order of its own volition, by exercising its inherent case management powers under CPR Part 1.4(2)(c) and Practice Direction 26, paragraph 5.1.


If the court does not wish to make an order under Part 1.4(2)(c) it has the power to treat this letter as an application and dispense with the requirement for me to file a formal application - this power is contained in CPR Part 23.3(2)(b).

I have incurred considerable costs in respect of this matter (predominantly those reserved by the order of x date) and I ask that the court makes a costs order in my favour in the sum of £x - this comprises the issue fee of £255 in respect of the set aside application and £x in respect of the time I spent applying for the set aside and in respect of this strike out (x hours at the permitted hourly rate for a litigant in person of £19 per hour, as set out in Practice Direction 46 paragraph 3.4, and CPR Part 45.39(5)(b) and 46(4)(b), together with loss of earnings of £x and disbursements/direct costs of £x, as listed below:

I ask that the Claimant is ordered to pay this sum within 14 days. The Claimant has been aware of the costs I have incurred since [date] when I sent them a schedule of the costs I was intending to seek as a result of the set aside application. Yours faithfully x

Jeff123

Thank you. Really appreciate your help.

Jeff123

Quick update.
Called the court today. They confirmed nothing has been received from the claimant.
2 questions.

1) can I add anything for compensation for causing distress etc in this letter? I just want to make sure that they get penalised for what they have done; wasting time, causing stress etc. After all, they didn't turn up for the 1st hearing and now they haven't bothered to send the amended details!

2) do I send them a copy of this letter?

[Deleted User]

1. If the claim is struck out you'll get your costs and C takes an early bath - that is a result on any level.

More likely, I anticipate the court will likely issue an unless order, rather than strike out. i.e. "unless C serves PoC within 7 days, the claim be struck out". If the claim then proceeds in the usual way, that is when you can ask for costs based on unreasonable conduct, which has wasted court resources and incurred costs.

2. Do it without notice. No need to copy in the claimant. Ideally they'll get a court order before long....

Jeff123

Ok thanks.
I am going to send the letter to the court tomorrow.
Will keep you guys posted.

nosferatu1001

First class, fre proof of posting from a post office counter.

Jeff123

Have sent the letter by first class and also delivered a copy to the court by hand.
Just want to make sure I don’t miss the deadline.
I am really grateful to you all for all the help you have given me.
Will keep you posted as soon as I hear from the court.

Loadsofchildren123

On other similar CEL threads they are serving the PoC, albeit late. Someone else has a thread running with a specimen letter to send to CEL's solicitors if this happens before the court has dealt with the issue.


If they do file PoC prior to the court making an order, I'd send them that and send a copy to the court and say that you are asking the court to require them to apply for relief from sanctions pursuant to R3.9 because as things stand they have served out of time without leave to do so.

nosferatu1001

Does that applicatin cost them the usual £100 / £255 fee? If so its well worth doing, een if the court allows it, to simply costs CEL more money.

logician

Loadsofchildren123 wrote: »

On other similar CEL threads they are serving the PoC, albeit late. Someone else has a thread running with a specimen letter to send to CEL's solicitors if this happens before the court has dealt with the issue.

No solicitors are cited typically on CEL claims..
The infamous Mr Schwarz used to sign off the PoC until scuppered.

Typically the cycle with CEL for those who fail to deal with this at first stage is that:

CEL will issue their own "LBC" at £140 with draft claim particulars.

The next cycle phase is to pass to ZZPS who will inflate the charge again.
Then Wright Hassall will have a go.

The matter then appears to have gone through the inflationary charge stages - passing back to CEL for the claim to be issued