CEL Ltd default CCJ! Pls help!

Jeff123

What happens if CEL yet again do not comply with this order?

What will be my position? Should I write a letter of complaint to the judge/court?

nosferatu1001

If they dont comply, then as it clearly states at poiint 1, the claim is struck out

At that point, you could apply to the court for the hearing to be turned into a Costs Hearing, for you to hear your claim for Unreasonable behaviour costs pursuant to CPR27.14(2)(g). You MUST read up on what is ocnsidered "unreasonable", best bet is the Denton case.

A letter of complaint to the court will likely do absolutley nothing.

Loadsofchildren123

Phone up the day after it's due and ask if it's been filed. If not, ask for them to send the file to the judge for the automatic strike out to be actioned.

Jeff123

Thank you.
8th Dec is not far away. Will wait and see what happens.
Will let you know what happens.

Jeff123

Hi all,
Called the court today. No surprise, CEL have not sent PoC to the court and the deadline was on Friday 8th December.
Spoken to the clerk and he said I have to wait for them to write to me.
Adv him that I would like to apply for my costs etc. He has given me an email Adress and asked me
to write an email for the judge to request cost hearing etc.

Jeff123

Am I just writing a standard email for request for cost hearing or I need to put in some references to other cases etc

Coupon-mad

Show us what you have drafted and we'll help. We can't easily assist from scratch.

Jeff123

Thank you. I will make a draft and post it ASAP.

Loadsofchildren123

do it asap before CEL wake up


Dear Sir


On x date I was granted a set aside of a prior default judgment and the Claimant was ordered to file further Particulars of Claim by x date. A copy of the order is attached.


The Claimant failed to comply with that time limit and on x date the court issued a further order that it file and serve the further Particulars by 8 December. A copy of the order is attached.


The Claimant has again failed to comply with the order and pursuant to paragraph x of the last order the claim should now be struck out. I ask for that order now to be made. I would like to seek costs under rule 27.14(2)(g) in respect of the Claimant's unreasonable behaviour, both in relation to the set aside application (to which it could have consented) and in relation to continuing claim. I attach a schedule setting out the time I have spent on the matter and the direct costs I have incurred.


Yours faithfully
etc.


There is a link to a precedent costs schedule in the newbies thread I think, and also on a recent thread by Sassii (who got £1,500 in costs).

Jeff123

Hello again,
Apologies, its taken me long time to get back to this board.
I am very grateful to everybody who has helped me to get to this stage, without you guys i wouldn't have any chance. Its priceless.
I had a lot of family issues, health issues etc and had to take significant time out but am feeling better now and ready to fight back.
I havent heard anything from the courts nor CEL. Can i write the above letter drafted by loads of children to the courts and pick it from where i had left or do i need to follow another protocol as a long time has passed since my last communication with the court which was in Dec last year.
Please advise.