County court claim from Civil Enforcement LTD - Advice on defence letter please

BaldyG

Hello all

I have received a general form of judgement order now.. it says it is an order that defendant do file and serve an amended defence by the 4th January 2018.

I have looked everywhere on this forum before I have posted this but i am struggling to find an answer and need some advice on this.

I rang the court up for some information on this as I didn't understand why I have to amend my defence. She said i need to amend my original defence as civil enforcement have sent in their particulars of claim which I got a copy of.

The lady didn't seem very clued up and told me to go to citizens advice which I did today but as it's christmas they could only give me limited information as they are only taking emergencies.

They said If I don't agree with points in their particulars of claim that I need to state these on the amended defence.

Thanks

Northerner_lad

We are all in the same boat! I hope things get sorted for you.

You should receive a further Particulars of Claim (POC) by the claimant before you respond.

I received mine late.

Coupon-mad

An amended defence has been covered by posts by LoadsofChildren123 recently. She is a solicitor and pointed out that Defendants need to get their original defence and visibly strike through anything they are changing and make additions, perhaps in bold or another colour.

Literally, ''amended'' and added to, responding to the POC and denying whatever drivel CEL say.

We assume you've been reading all other CEL threads avidly and already know they are discontinuing without hearings.

blackmath

Coupon-mad wrote: »

An amended defence has been covered by posts by LoadsofChildren123 recently. She is a solicitor and pointed out that Defendants need to get their original defence and visibly strike through anything they are changing and make additions, perhaps in bold or another colour.

Literally, ''amended'' and added to, responding to the POC and denying whatever drivel CEL say.

We assume you've been reading all other CEL threads avidly and already know they are discontinuing without hearings.

Not sure the others apply (October onwards). In this case they have actually bothered to provide a more detailed PoC. I'm sure they are aware at this stage the OP will be taking this to an actual hearing so I'll be interested to see what CEL do (is it still a bluff?).

nosferatu1001

Yes, it’s still a bluff.

Coupon-mad

They always supply a PoC. Your case is the same as all the others on 2017 and will be discontinued in the end, we predict.

blackmath

Coupon-mad wrote: »

They always supply a PoC. Your case is the same as all the others on 2017 and will be discontinued in the end, we predict.

The OPs original defence already talks about a PoC.

It then seems like a new PoC was sent (possibly more detailed) after the DQ itself.

Unless of course originally a PoC wasn't sent, in which case my understanding is that the claim should be struck out unless CEL have applied for relief from sanction.

Coupon-mad

Originally a full POC won't have been sent. CEL are sending them later. This case is no different.

blackmath

Coupon-mad wrote: »

Originally a full POC won't have been sent. CEL are sending them later. This case is no different.

Maybe I'm missing something, but in other threads they aren't sending the PoC after the DQ. I'd have thought without a PoC it couldn't even progress to that stage.

Coupon-mad

It progressed to DQ stage because the OP defended it. Without full POC.