CEL Claim Defence - Almost ready to submit I think

[Deleted User]

A punchy letter, but not bonkers or unfair in asking "what now?" by any means. Let's see where it gets you once a DJ looks at it all.

ixworth

As noted on this thread I have 2 separate Small Claims cases raised against me by CEL.
One of them is moving along with DQs and then Allocation to Court. I believe the next step with that case (assuming the DJ doesn't simply strike the claim out due to CEL's behaviour) should be court directions, then skeleton/WS.


The other case, which was moving along in parallel, appears to be stalled at DQ stage. The last action was submission of defence by me on 26th October.
I've looked through the CPRs etc. and it looks as if DQs are sent out automatically by the court once the Defence has been submitted by me.
Is this delay in issuing the DQ common? Is there a limit to how long it must be before it must be raised? Does this signify anything more significant?
At the moment I'm checking the MCOL website every couple of days in case I've missed something.

Coupon-mad

I would ring the CCBC before they close for Christmas next week, and ask what's stalled the case; has the claimant discontinued before allocation, or had the claim frozen for some reason, or not paid a fee?

nosferatu1001

I htought Dqs are only sent out once the C has indicated, havoing seenthe Defence, that they want to continue the case.

Coupon-mad

Yes I think so, maybe they didn't!

ixworth

ixworth wrote: »

As noted on this thread I have 2 separate Small Claims cases raised against me by CEL.
One of them is moving along with DQs and then Allocation to Court. I believe the next step with that case (assuming the DJ doesn't simply strike the claim out due to CEL's behaviour) should be court directions, then skeleton/WS.

Case 1: Been bounced around local and central county courts since early November 17 (apparently due to busy lists). Finally got a date and directions 3 months from now. CEL have to pay the hearing fee 1 month before the court date or the case will be struck out. I'll hold fire working on a WS until I'm sure they've paid and are at least pretending that they'll turn up.

ixworth wrote: »

The other case, which was moving along in parallel, appears to be stalled at DQ stage. The last action was submission of defence by me on 26th October.
I've looked through the CPRs etc. and it looks as if DQs are sent out automatically by the court once the Defence has been submitted by me.
Is this delay in issuing the DQ common? Is there a limit to how long it must be before it must be raised? Does this signify anything more significant?
At the moment I'm checking the MCOL website every couple of days in case I've missed something.

Case 2: Checked MCOL today and found that this case has been struck out. I'm not sure why as CEL had responded to DQ. Should MCOL write to me to inform me of the Strike-Out and tell me why. Can I pursue CEL for costs on this? I spent time and money preparing my defence after all.

nosferatu1001

If this was Struck Out prior to allocation, then there is no inherent costs proteciton, and you could write to the court asking for a summary order for your Costs.

Exspect them to say you need to apply, whihch woul dbe £100 for no hearing (shouldnt need a hearing)

Lamilad

Can I pursue CEL for costs on this? I spent time and money preparing my defence after all.

+ 1 to what nos has said. It all depends on whether the case was allocated to small claims track before being struck out.

If it wasn't CPR 38.6(1) applies. If it was 38.6(3) applies and it's unlikely you'll get costs (but you can still write and ask).

If it's the former then, as nos says, they'll tell you to apply for a costs hearing and, in my opinion, it would be worth doing.

ixworth

ixworth wrote: »

Case 2: Checked MCOL today and found that this case has been struck out. I'm not sure why as CEL had responded to DQ. Should MCOL write to me to inform me of the Strike-Out and tell me why. Can I pursue CEL for costs on this? I spent time and money preparing my defence after all.

So I got a letter today from Northampton CCBC...
<<<<<<<<
General Directions Order
Before Judge ***** ******** sitting at the County Court Business Centre...
Upon reading the court file
And upon reading the email of the Defendant dated 8 January 2018
And upon being satisfied that the Particulars of Claim in this action have not been served within 14 days of the Claim Form in accordance with CPR Part 7.4
It is ordered that this Caim be struck out for failure to comply with CPR Part 7.4.
This order has been made (of the Court's own initiative) without a hearing, pursuant to CPR Part 3.3(1) & (4)


The Claimant may apply for this direction to be set aside varied or stayed. Such an action must be filed within 14 days after service of this order, pursuant to Pt 3.3(5) & (6)
>>>>>>>>


Interesting that my two identical cases have been treated differently by the same court. Case 1 gets sent to court to be heard, Case 2 gets struck out. Identical circumstances, identical defences, identical complaint letters and follow-up emails.
Were this ever to get near a court, would this be a factor that that DJ should consider?

Fruitcake

I would definitely mention that an identical case was struck out by the same court. I'm not sure how or when you would do this but I'm sure one of the court savvy regulars will e able to guide you.