Small court claim.. needed to defend advice needed on writing the defence.

poreilly

Dear XXXXX

Claim number [xxxxxxx]

I am writing to draw to your attention that the Claimant has deliberately backdated the Particulars Of Claim which were served separate to the Claim Form pursuant to CPR Rule 7.4(1)(b).

The Claim form was issued on 11th October, stating that the Particulars of Claim would be provided to me within 14 days after service of the claim form.

The further Particulars of Claim and covering letter were sent under cover of 31st Oct. As such, according to Rule 6.3(b) they were served on 2nd Nov, However, they were dated the 11th October. which means that my defense is therefore not due until the 15th November (Rule 15.4(1)(a)).

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars by backdating them by 21 days, together with the covering letter. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 1st Nov, a copy of which I have provided as evidence.
The Civil Procedure Rules are quite clear – under Rule 3.8 the court should apply the santions unless the Claimant has applied for relief under 3.9.

I cannot fathom any reason for the Claimant having backdated its further Particulars of Claim, other than to try to gain an advantage by making it appear that I have filed my defence late, or by confusing me into having to rush to file my defence prematurely. This is a serious matter and I ask that this is formally noted on the court file.

This is a commercial Claimant pursuing many other claims of this nature. It must therefore have knowledge of, and understand, the Civil Procedure Rules and these sorts of blatant breaches should not be allowed because they prejudice Litigants in Person who are not versed in court procedures and the court rules. It is with some difficulty that I have understood the various obligations and time limits set out in the Civil Procedure Rules, as a Litigant in Person, whereas the commercial Claimant has no such excuse.

Yours Faithfully


So this is what I have adapted,
Many thanks for helping

poreilly

So email the letter too:
ccbcaq@hmcts.gsi.gov.uk

Then write to CEL(< is this the car park people Civil eforment?) informing them you have emailed the court and enclose a copy of your email..

Scan the letter and envelope they sent me and attach as evidence to both people the court & CEL?

Is this correct?

I can do this today if this is correct, thanks

Umkomaas

If that advice is provided by lawyer LoC, then you don’t need further confirmation.

Of course CEL is Civil Enforcement Ltd.

Lamilad

Check spelling and grammar "defense"... "Santions" etc

nosferatu1001

Needs to be sent SIGNED. as in, a physical signature. You can then scan and email it to the court

For CEL, write to them. You require:
1) An explanation of the blatant back dating of the PoC
2) A copy of the ceritficate of service of the PoC
3) THat you will nto file a defene until CEL applies for relief from sanction. They are out of time.

poreilly

Ok thank you So what happens after this? carry on with the legal side of the defence? as it has got to be before the 11th Nov

Thanks

Coupon-mad

Please read the other CEL threads from the past week, this is already covered. Too much advice to repeat, please read it. Lamilad already showed you some threads in post #61 but you need to look for yourself, any thread called 'CEL claim' going back pages and pages in the forum over the weekend, and reading them.

Do not do nothing.

You must make sure CEL and the CCBC hear from you, that the POC were served late. Then carry on getting your defence ready which must be filed within 14 days of that POC, if you hear nothing back.

Umkomaas

This thread seems like one question answered, three more come straight back.

Lamilad said ‘no more hand holding’. You need to get a grip of this and learn from your own research - that way it will embed much better.

poreilly

nosferatu1001 wrote: »

Needs to be sent SIGNED. as in, a physical signature. You can then scan and email it to the court

For CEL, write to them. You require:
1) An explanation of the blatant back dating of the PoC
2) A copy of the ceritficate of service of the PoC
3) THat you will nto file a defene until CEL applies for relief from sanction. They are out of time.

Write to CEL? do you mean email or write?
Also can't they just send the duplicated letter that will be sending to the CCBC?

Lamilad

poreilly wrote: »

So email the letter too:
[EMAIL="ccbcaq&#64;hmcts.gsi.gov.uk"]ccbcaq@hmcts.gsi.gov.uk[/EMAIL]

Then write to CEL(< is this the car park people Civil eforment?) informing them you have emailed the court and enclose a copy of your email..

Scan the letter and envelope they sent me and attach as evidence to both people the court & CEL?

Is this correct?

I can do this today if this is correct, thanks

Yes the above is correct. Email the signed and scanned letter to CCBC (after correcting spelling and grammar) then write to CEL enclosing the same letter and evidence and covering letter as per nosferatu1001's advice