CEL Small court claim

trymedo

I have to say, this sentence is hard to read... is it just me?

Accordingly whilst you consider the position you require a copy of the certificate of service filed at court verified with a statement of truth from a named individual confirming the date of service.

Is that saying, that the court should ask the claimant to send a copy of the COS, verified by someone at CE Ltd?
Apologies for asking for further clarification, I just want to make sure I understand what I'm asking of them.

KeithP

trymedo wrote: »

Forgive me, I wasn't aware that what he'd written was the letter I should send... I read it as information for me and was confused by it all. I've just typed it up and will send tomorrow if this looks correct to you:

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And forgive me for saying this...
You really cannot approach these things without thinking.

Read again the letter you are now proposing to send and tell us why you think the court will be interested in "The test is that in Denton referred to in my other thread".
Is the court expected to read your other thread?


Edited to add: I see you have now changed this.

trymedo

I know, I edited that part out shortly after posting - sorry.

Coupon-mad

Try this (below) unless Johnersh or LOC123 or others write a better version:



To send to CEL, by email and by post (you have their email addy from the PCN):



Date:



Dear Sir/Madam,

Claim No. ###########

I am writing to you in regards to a money claim [STRIKE]put on[/STRIKE] addressed to me by your company, Civil Enforcement Ltd.

I have [STRIKE]just[/STRIKE] finally received the Particulars of Claim today (24/10/2017), which are rejected because they should have been sent to me by 17/10/2017 at the latest. [STRIKE](or 22/10/2017 if we are to offset this by 5 days from when the claim was first served as stated in the original document).[/STRIKE] Your company is in breach of CPR 7.4 because your particulars have been served out of time. In default of service, it is a fact that Civil Enforcement is in breach.

In order to get permission for late service of particulars, the claimant must apply to court for relief from the sanction (CPR 3.9). The test is that in Denton v TH White Ltd [2014] EWCA Civ 906. [STRIKE]referred to in my other thread[/STRIKE].

[STRIKE]One may[/STRIKE] As an unrepresented Litigant-in-Person, I consider that a delay of several days is more than trivial and, in the context of a claimant professionally represented with volume claims before the court, I believe that compliance with the court timetable is an imperative, and your breach has caused me significant detriment. [STRIKE]The delay in serving may now mean DQs are not sent out before the New Year.[/STRIKE]

[STRIKE]I would write to the claimant pointing out that in breach of CPR 7.4 their particulars appear to have been served out of time. [/STRIKE]

Accordingly whilst [STRIKE]you[/STRIKE] I consider the position, [STRIKE]you[/STRIKE] I require a copy of the certificate of service filed at court, verified with a statement of truth from a named individual, confirming the date of service. In the meantime, since no valid Particulars have been served, the matter is unable to proceed and there is no requirement upon me to serve a defence at this stage, and nor will you be able to enforce the claim.

Yours faithfully,


YOUR NAME AND ADDRESS

[Deleted User]

That'll do. Let's see what comes back.

ruffneck247

Johnersh wrote: »

That'll do. Let's see what comes back.

Do they reply? I can just imagine them ignoring any emails sent to them.

nosferatu1001

THey might ignore it - so you then tell the court they have refused to send through an explanation for late service, for the back dating, or to supply their certificate of service. You ask that the court strikes the claim, with a costs award to you for X hours at £19 per hour

As this hasnt been allocated a track yet, IIRC, then the cost protections of CPR27.14 dont apply yet.

[Deleted User]

nosferatu1001 wrote: »

As this hasnt been allocated a track yet, IIRC, then the cost protections of CPR27.14 dont apply yet.

This is a nice technical argument, but I disagree. By reason of value, the claim is not eligible for anything other than small claims. Based on the pleadings it won't be moved from that track on grounds of complexity either.

Any application will see it immediately assigned to the small claims track as the first part of the subsequent order.

trymedo

They still haven't replied to me so I've written an email to ccbc@hmcts.gsi.gov.uk explaining the situation and asking for their advice on how best to proceed. I pointed out that I feel the court should strike the claim for the reasons given, and also asked if I still need to file my official defence. I'm not asking for money to reimburse my own time because I don't see that going anywhere.

If anyone knows whether or not I should file the defence anyway, let me know as I only have until 14th November to get it to them if that's what I need to do (despite CE not replying to any of my emails etc)

trymedo

Hi all,

I've just had a reply from HMCTS (see below). It appears I should still file my defence. Should I add specific details about the incident or should I stick with the script/template and keep it very formal etc?

If anyone needs to see the attachments mentioned in the email let me know and I'll put up a dropbox link or something (if I'm able to - I'm not sure what the forum rules are in regards to attachments)

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Good afternoon,

Further to your correspondence regarding the claim made against you, the claimant is not currently able to enter judgment as a certificate of service has not been processed to date. Once we receive the certificate of service from the claimant confirming they have served the further particulars they will be at liberty to request judgment.

Therefore if you wish to dispute the claim you need to file a defence with the Court as soon as possible or alternatively you can make an N244 application to a District Judge. Guidance has been attached along with the Help with Fees guidance.

Please note Court staff are not legally trained and cannot provide legal advice. If you are uncertain how to proceed, the Civil Procedure Rules available on the Ministry of Justice website - http://www.justice.gov.uk – provide details. On many occasions it is best for people to seek professional legal advice from a solicitor, legal executive, legal advice agency or Citizens Advice Bureau. You can also contact Community Legal Advice for free on 0845 345 43 45 or via their website at http://www.communitylegaladvice.org.uk/.

The County Court Business centre is not able to deal with complaints against Civil Enforcement Ltd; if you wish to file a complaint then this should be made direct to Civil Enforcement Ltd.


Regards,