CEL draft Defence

Farmer_BarrleyMow

Ok ive found the email addres and would like feed back on following draft email to advise.

Dear sir/madam,
I have received a claim XXXXXXX dated 04/10/2017, the claimant Civil Enforcement Ltd has failed to serve full Particulars of Claim as required by Courts Procedure Rules part 7 and the new Protocol for Debt Claims 5.2. and accordingly i would like to request the claim should be struck.

MoreFish

Hi, I received mine 15 days after service. In my experience the Court will not strike out claims on the basis of a delay of a day or two. Wait for the particulars to arrive, there will be more than enough in there for you to make a mockery of their claim and you shouldn't really draft the defence before they arrive anyway.

Farmer_BarrleyMow

There has to be a reasonable cut off point to allow the defendat to prepare defence i will give one more day which will be 2 whole days after 19 day service period.from what i can gather the court staff are not overly helpfull and the help phone line can be a pain to get through.
Dont relly want to have to leave submitting defence untill very last minute just to accomadate CEL lazy procedures.

Redx

read the advice in this thread too

https://forums.moneysavingexpert.com/discussion/5722800

especially the johnnersh posts

and read the link I posted in there earlier to the LOC123 posts too

Farmer_BarrleyMow

Still no Poc from Claimant in post today thats now 21 days since claim was served, so i phoned the CCBC and got through fairly easily and spoke with a very helpful young lady.
She advised that i have until the 06/11/2017 to enter a defence so i should give it another week then if nothing has come from CEL to enter this fact as part of defence.
I did point out that it is very difficult to form a defence if you dont know the particulars of the claim.
I could posibly email the CCBC the following as advised by LOC123, early next week:

Write to the court pointing out that wording, separate PoC have not been served, and the claim form by itself is incoherent without proper particulars. You are unable to defend it properly on that basis, and please can they please strike it out under CPR rule 3.4 (exercising inherent case management powers under CPR rule 1.4(2)(c) and Practice Direction 26 para 5.1 in order to do so, rather than requiring you to issue an application).

Then submit my defence before the end of next week refering to lack of particulars if nothing has arrived by then.

Loadsofchildren123

Yes to writing to ask for the claim to be struck out.


The court may tell you to apply (and pay a fee of £100). However, the court does have the power to make an order of its own volition, without requiring an actual application: its inherent powers to make orders of its own initiative, and to summarily dispose of issues which do not need full investigation and trial, as part of its duty of active case management are contained in CPR Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1.

Alternatively, the court also has the power to treat a letter as an application without requiring you to issue a specific application and pay the fee - this power is contained in CPR Part 23.3(2)(b)

However, the court can refuse to do either and can require you to apply, in which case you have to complete a form N244 and pay £100 and ask for it to be dealt with on the papers, without a hearing. You must ask for an order for costs if you do an N244.

I'd write a longer letter than the one you've suggested, asking the court to make an order exercising its powers as set out under 1.4(2)(c) and PD 26 para 5,1 or alternatively to treat your letter as an application under 23.3(2)(b).

Enough time has passed now for you to make the application.


This doesn't get you off the hook. Technically the PPC could re-issue and do it properly the second time.

If you end up having to formally apply (ie if the court refuses to act on your letter and tells you to issue an N244), you must ask for a costs order. Ask for a specific amount - the time you have taken to deal with the matter at the allowed hourly rate for a Litigant in Person of £19 per hour (as permitted under Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b)) plus the issue fee of £100. So you'll be asking for £100 plus say 2 hours at £19 per hour, a total of £138, payable within 14 days.

nosferatu1001

You have 14 days AFTER the PoC are served. The clock does NOT start ticking until then!

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)

The PoC have yet to be served.

MoreFish

Indeed. The only way judgement can be entered in default is if CEL apply for it, they can't do that without serving particulars.

Do not enter a defence until you receive particulars. There is nothing to defend.

Coupon-mad

MoreFish wrote: »

Hi, I received mine 15 days after service. In my experience the Court will not strike out claims on the basis of a delay of a day or two. Wait for the particulars to arrive, there will be more than enough in there for you to make a mockery of their claim and you shouldn't really draft the defence before they arrive anyway.

In your experience?

You joined as a newbie this week. Your posts verge from asking for help, to suddenly offering experience and help and knowledge within 24 hours, which is unusual to say the least.

Farmer_BarrleyMow

Would the following email to CCBC suffice ?

Dear Sir or Madam,
I am writing to you reference the above claim dated the 04/10/2017, the claimant has committed to supply separate detailed particulars within 14 days after service of the claim, this has not happened with nothing being received by myself from the claimant. There are no details as to what the claim is for on the claim form and as I have no idea as to what it pertains I have no way of formulating a defence.
I would like to ask the court if they could make an order to strike the claim exercising its own powers as set out under CPR Rule 1.4(2)(C) and Practice Direction 26 paragraph 5.1 or alternatively to treat this letter as the application under CPR part 23.3(2)(b).

Many Thanks