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HELP! CEL County Court Business Centre Claim (x2)

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  • I was wondering where my credit was!!!!
    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.
  • I was wondering where my credit was!!!!
    Wouldn't dream of taking your work product without permission (or paying for it)! Happily for the o/p a not dissimilar take between us.
  • OP the same thing happened to me.
    Duplicate claims filed on 3/10/2017
    Unfortunately for me I did not realise there was a duplicate claim.
    When the POC arrived late and without the 7.8? paperwork I went online and file AoS.
    I later received a Judgement in Default.
    I rang the court and they said there have been no AoS and it must have been a blip, so I would need to appeal.

    What transpired the following week was that CEL had issued duplicate Claims
    Presuming the Claim numbers are sequential.
    Claim starting D5 is still ongoing in the courts as I had filed the AoS and the Court tells me I have to file a Defence ASAP as a judgment in default can be made against me at any time. No PoC were ever received by me in respect of the D5 Claim.
    The D6 Claim issued on the same day - POC dated 11/10 arrived 25/10 envelope date stamped 23/10.
    I didn't file AoS online for this as I did not realise there were duplicate proceedings - a Judgement in Default has been made against me.
    I'm not sure how they managed to get a judgement as the Particulars were not compliant and a certificate of service would have shown they were send out of time (unless of course CEL lied on the CoS).

    Now I have to pay to Appeal against the duplicate Claim to get that decision by the court set aside, whilst also defending the other matter which is still ongoing.

    Nightmare!!

    Good job you checked the Claim reference numbers, I didn't, I only read the scant particulars on the Claim Form which were identical to the previous one sent and thought it was a routine further service of the same documents.

    I did speak to the court and told them of the duplicate proceedings. They asked me to Email them with a scanned copy everything I got from CEL, providing both Claim references. I did that. I got a confirmation letter saying the information was on file. I rang them up and asked what they were going to do about it and the reply was 'nothing' as the courts don't get involved (so much for rule 1 which says they should) and it was up to me to continue to contest both matters.

    Good luck in defending both. I'll be following this post as I'm interested to see how you get on.
  • Hi everyone, just thought I would update people on this quite old thread! Thanks to the template letters and defense, and advice from the experts on here...it went all the way to court date set, witness statesmates and comprehensive defense/evidence file submitted....CEL just threw in the towel and dropped their confirmation of cancellation of claim letter today!

    Thankyou everyone, another victory from the advice on this group!
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