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CEL Ltd default CCJ! Pls help!

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15791011

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  • Mummybear85
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    Sorry to be a totally newcomer but how do I start a new thread on the subject?
  • KeithP
    KeithP Posts: 37,663 Forumite
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    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    Go to the top of this page and click on 'FORUM HELP'.

    Watch the video.

    Were you not offered that video when you signed up?
  • logician
    logician Posts: 204 Forumite
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    Sorry to be a totally newcomer but how do I start a new thread on the subject?

    Top left hand side above the first sticky thread there is a button which says "New Thread" click on that
  • Mummybear85
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    Probably Keith yes. But I have 2 babies under 3 I don't even know my own name most days lol
  • Loadsofchildren123
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    If CEL don't engage solicitors, write the suggested letter direct to CEL

    Technically if CEL apply for relief from sanctions they may have to be a fee, but they will cite the same CPR as I do which allow the court to make orders without formal applications.

    If I was CEL I'd ignore it and hope the D doesn't realise and hope the court deems it a non issue. But it's more difficult if the D writes to the court to complain. However, at that stage the court may decide the breach is quite small and they should be allowed to continue. It's worth a letter though, not much effort required and Jonersh and I have drafted the letter for CEL defendants who find themselves in this position.
    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.
  • Jeff123
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    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.
  • Redx
    Redx Posts: 38,084 Forumite
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    I believe the above was explained in another thread this week by LOC123

    I suggest you read her recent posts , you will definitely learn a lot
  • logician
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    To refresh the thread - OP's ~post 20 on this thread
    Jeff123 wrote: »
    Hi everyone.
    I have received the judgement order from court today.
    This is what it states:

    It is ordered that
    1) Judgement set aside forthwith
    2) By 4pm on 16th Oct 2017 claimant must file and serve amended Particulars of Claim setting out the facts supporting the claim.
    3) By 4pm 30th Oct 2017 Defendant must send to the Claimant and to the court any defence.
    4) The costs of the application today are reserved.

    Jeff123 wrote: »
    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.

    So the court is being very lenient and extending the time for the Claimant to comply with the court order.

    @ Jeff - this means the Claimant has until the 8th December now to serve the particulars etc and you have until the 29th December to file the defence.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 29 November 2017 at 11:40AM
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    Why is the court being so accommodating to a company renowned for obtaining default CCjs by underhand means? Is it because the system is run by low grade Civil Servants who failed to get into the Job Centre?

    I have had two run ins with them in the past, in one I received effusive apologies, and in the other demanded and got compensation for their incompetence. They made my daughter come down from Nottingham as a witness in a Mags Court when they knew, or should have known, that the perp was in the Crown Court on the same day.
    You never know how far you can go until you go too far.
  • Jeff123
    Jeff123 Posts: 45 Forumite
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    I feel that the justice system/court is too lenient and forgiving to criminals like CEL.
    They have repeatedly ignored the judge’s ruling and don’t give a s*** about the courts etc but still get
    a lot of chances. The courts are encouraging such behaviour and these idiots get away with it again and again!
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