Help - Claim form

Northerner_lad

Right, I have just rung my local court and they have confirmed that a further POC was sent to them on the 12th of this month. I have not been served the new POC by CEL and the deadline was yesterday at 4pm (which CEL should have complied with according to the general form of judgement order I received from the court).

Any advise on how to proceed?

The lady I spoke to at the court said give them a few more days with the Christmas post...but why should I? She also suggested I email the court at the enquiry email and inform them of this. Should I invite the court to strike out the claim as CEL haven't met the deadline?

Loadsofchildren123

You need to write to CEL to say they haven't served you and the timetable for your defence statement doesn't start running until they have.


Send a copy to the court to say that you still haven't been served and therefore cannot possibly file your defence statement by 4 January.


Technically you could ask for a strikeout, but given that CEL have lodged the new PoC at court it's unlikely to be granted. What you want to achieve is an extension of your 4 Jan deadline, referable to their late service of the PoC.


Late Xmas post is not an excuse: the court has had it so why haven't you (answer = CEL have forgotten to send it to you).

Northerner_lad

Thanks Loadsofchil....you wouldn't have an email address for CEL would you or anyone else for that matter?

I've emailed the court to tell them I have not received the new POC and said I feel this is a deliberate attempt by CEL to disadvantage me and prejudice my case.

Awaiting a response from court. Thanks, I'll see what the court says...

Loadsofchildren123

haven't got an email for them, but it's bound to be on one of the other CEL threads. Search the forum for "CEL email" and you're bound to find it
alternatively start with RustyRascal's thread, I think it may be on there

Loadsofchildren123

perhaps also call the court to explain that it hasn't been served on you and so you can't file your defence statement until it has and please can a note be put on the court file to that effect (to prevent another judgment in default).

Northerner_lad

Thanks Loadsofchildren.....

Northerner_lad

Hello,

I have now received the further Particulars of Claim by Civil Enforcement Ltd, although I was supposed to receive this on 18th December 2017 at 4pm at the very latest (according to the court order I received).

The further POC was dated 18th of December 2017 and was also sent out on the same day (1st class). I've kept the envelope as proof which states the date. However, I received it on 20 December during (very) late afternoon.

I have been ringing my local court asking them what I should do? I've not had a concrete answer from them as of yet. The man just said 'the judge will decide....' I also informed the court I had emailed CEL but they did not answer (surprise surprise).

I've requested the court to throw the case out and if not, I be given more time to submit my defence. It is only fair. I hope they get back to me quickly.

Any advice would be much appreciated like always.

PS: The court received the further POC on time by the way.

Thank you.

Coupon-mad

Already covered in the thread by wi3347 (no link, you just need to keep up with other threads).

Northerner_lad

OK will try another search for wi3347 thread!

I have heard back from the court this morning and they have just said

"If you wish to vary any order of the Court an application should be made, your emails have been placed on the Court file." No idea what this means but I suspect its something to do with me paying for an order for the case to be thrown out?

I also asked for an extension as I received the POC late but the court has not mentioned anything in regards to that. I guess I will just have to do my witness statement and point it out again that CEL failed to adhere to the court order.

The witness statement - can this be the same as the defence I submitted?

Any advice?

Thank you.

Coupon-mad

You don't need to search, if you have the member's name. Look them up in the members' list & click 'show posts by xx'.

The witness statement - can this be the same as the defence I submitted?

No. That's why the NEWBIES thread post #2 has examples of WS wording, and the evidence that will accompany it.