CEL Claim Defence

Coupon-mad

do I wait for a response from the court now regarding my complaint before sending in my defence?

No. Have you sent the (suggested on other CEL threads) complaint email to the CCBC asking for the Court to make an Order against this repeatedly vexatious & unreasonable multi-claim Claimant who have done the same thing to hundreds of people and emailed a version to CEL demanding the certificate of service of the POC sent to the CCBC?

We really need to see if CEL are deliberately misleading the CCBC over dates, as well as Defendants.

Why is the defence being rushed today, let's see the complaint emails first.

superstitiious

Yes I have, I'd mentioned this in the post you quote from. I've got until next Monday to send in my defence which is why I might sound hasty. I'm in touch with about 6 other people who have been hit with PCN's from CEL and I have another 2 further ones that I need to challenge. I've ignored all correspondence from CEL up to the claim form as that's what I'd read to do by quickly scanning this site and others.

Loadsofchildren123

make sure they all complain about the late PoCs

logician

Loadsofchildren123 wrote: »

My feeling is MCOL won't do anything. However, a lot of CEL defendants are now sending in these complaints so MCOL may get fed up and start punishing CEL, who knows.
You've at least recorded with them when the defence is actually due.

Loadsofchildren123 wrote: »

Don't wait for a response. If you haven't heard by 13th then file the defence.
My feeling is MCOL won't do anything. However, a lot of CEL defendants are now sending in these complaints so MCOL may get fed up and start punishing CEL, who knows.
You've at least recorded with them when the defence is actually due.

MCOL is an access portal for either Claimants to start claims or Defendants to respond.

The County Court Business Centre provide administrative services only in relation to the start of claims or processing any applications or filing defaults.


I am not sure what 'punishment' you envisage can be dealt at this level/stage

The earliest this will be looked at by any judge will be after DQ

Loadsofchildren123

Ever heard of shorthand?
MCOL would refer it to the D's local court - they can do this prior to DQs. Punishment could be staying and giving them a chance to apply under 3.9, striking out, or making an order giving them relief under 3.9 despite no application. Didn't think the minutiae of how CEL could be punished in terms of procedure really added anything so didn't bother putting it in.


It's unhelpful for posters to pick holes and try to "show up" other posters. It does not help the OPs.

superstitiious

Today, I received my reply from the court, and they're basically stone walling my complaint.

Good afternoon,


Thank you for your email.

Court staff are not legally trained and I cannot advise you or comment on your query below.
As you have received the particulars of claim you may wish to file your response and maybe include the below information.
Once the court receive the certificate of service from the claimant confirming they have served the further particulars they will be at liberty to request judgment assuming the time period to respond has passed. Therefore it is your choice to respond to the information you have now.
If you are uncertain how to proceed, the Civil Procedure Rules available on the Ministry of Justice website provide details. On many occasions it is best for people to seek professional legal advice from a solicitor, legal executive, legal advice agency or Citizens Advice Bureau. You can also contact Community Legal Advice for free on 0845 345 43 45 or via their website at
I hope this assists you with your query, but please don't hesitate to contact us should you require further assistance.

Regards,
Debbie Dawdry
CCBC/MCOL/PCOL

How would I best proceed? I'm thinking that I'd need to beef up the complaint and have it in my defence that I'll be sending this week. Would I be assuming correctly?

Thanks in advance.

Loadsofchildren123

And what if they lie on the certificate of service by backdating that too?
Anyway, they appear not to have filed one so as far as the court is concerned, time is running.
Yes, include this in your defence as a preliminary point.

Ian011

superstitiious wrote: »

You can also contact Community Legal Advice for free on 0845 345 43 45.

The premium rate 0845 number quoted in the email is incorrect. It changed to an inclusive 0345 number several years ago. See https://www.gov.uk/civil-legal-advice

Loadsofchildren123

https://forums.moneysavingexpert.com/discussion/comment/73392313#Comment_73392313

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!