KFC parking, CEL & county court

JohnTee2017

Excellent advice, but Ive got myself confused over my defence deadline:
I wrongly filed my Aos on 18/10.
I wrote to CEL and MCOL re complaint at not receiving PoC (their deadline was 30/10) my letter/email dated 2/11
PoC received by me on 4/11
PoC dated 11/10 but envelope dated 1/11
Thank you LoC, I now know that Rule 6.20(1)(b) means receipt of PoC could be deemed on 2/11

Is my deadline 15/11/17?

JohnTee2017

I have just spoken with CCBC who have said that I need to submit my defence now!
They have a backlog of 14 days for dealing with letters/emails therefore my previous letter re late PoC will not have been dealt with yet.

nosferatu1001

The period for filing a defence
15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

Your defence service date is 14 days from service of the POC, as above. The CCBC are simply wrong in this. If they havent dealt with your letter, and theyre on notice that the PoC were late, then for them to process a default judgement would be utterly outside of process.

Loadsofchildren123

MCOL are a load of rubbish and speak a load of rubbish.


They can't change the rules because they have a backlog of post/emails to deal with.


The rules is the rules. And the rules say you don't have to file defence until 14 days after the PoC.


If posted on 1st Nov, deemed served 2nd business day after that (sorry I was posting it was one day later, but it's two, I've checked the rules) - so served on 3 November. So your defence is due 17th.


I've just looked again at the rules - rule 6.20(1)(b) is a bit confusing. it provides for service by post, being first class post or other service which provides for delivery the next working day (which Royal Mail does and there are other business providers, such as DX). This does not mean service is effected the next day. Look at 6.26 - it states that when posted first class, actual service is deemed to be 2 days later (if this isn't a business day, count on to the next business day). Sorry for the confusion.

JohnTee2017

Sorry
I should have given more detail of my call:
As well as my letter re late PoC, I also explained the subsequent date of receipt, date on envelope and date CEL state on PoC.
The advisor was only interested in the date on the CoP and said therefore +28 days from the 11th October.
The advisor confirmed a record my AOS but not of my Letter of Complaint re late PoC.
LoC, i agree with you. A load of rubbish.
Obviously a claimant cannot be allowed to put any date they wish on any document and then mail whenever.
If there is a backlog for CCBC to deal with, there must be a "receipt stamp" type of system that should allow for later consideration! Or why not make it easy and just extend all deadlines by 14days?
Anyway, I can either hope the advisor I spoke with was wrong and hope that by waiting another 7 days CCBC get organised. Or I submit my defence tonight/tomorrow.
I'm feeling uneasy and think I will file ASAP.

nosferatu1001

The advisor was completely wrong. Read cpr15.4 for yourself.

Coupon-mad

The advisor confirmed a record my AOS but not of my Letter of Complaint re late PoC.

Did you email it to the ccbcaq email address (not posted it snail mail as a letter)?

If not emailed yet, do so before you phone again, with the Claim number and 'advice to Court regarding a false instrument by Claimant - serial backdating of Particulars of Claim, not actually posted/served until November' in the subject line.

Make the person read the email, with the copy of the envelope attached to it for them to see the real date of posting the POC.

Insist that they add a manual note to the electronic case file about your call and email, stating as a fact on the file the date the POC were posted, as proved by the envelope.

JohnTee2017

I have only emailed ccbcaq re CEL missing the deadline not regarding the late posting and receipt PoC.
I will email them again today as per your suggestion
Thanks

Loadsofchildren123

https://forums.moneysavingexpert.com/discussion/comment/73392263#Comment_73392263
Have a look at this thread and see if the lovely Amanda can help you....

Coupon-mad

If the POC were backdated and you kept the envelope that proved they were not posted when dated, PLEASE NOW forward the complaint you made to the CCBC, to another email address.

We need LOTS of these to fly into a specific inbox now:

https://forums.moneysavingexpert.com/discussion/comment/73400735#Comment_73400735

Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.

Do this - even if you've already emailed a complaint - PLEASE forward it now!