CEL Particulars received

Lamilad

you need to number your paragraphs sequentially... use letters to bullet point your sub paras (as shown in many other defences)

But hang fire on submitting your defence for now... did you say that you further/full particulars were served late - after 14 days? and they were back dated?

If so complain to CCBC first as here:
https://forums.moneysavingexpert.com/discussion/5736717
and here
https://forums.moneysavingexpert.com/discussion/5735863

ruffneck247

Lamilad wrote: »

you need to number your paragraphs sequentially... use letters to bullet point your sub paras (as shown in many other defences)

But hang fire on submitting your defence for now... did you say that you further/full particulars were served late - after 14 days? and they were back dated?


Is this what you mean? I have edited the dates to fit my own but should I ask for the claim to be struck out on the back of this? The claim was issued on the 10th but did not arrive until the 15th so are my dates correct? and as I have already acknowledged the service on the 17th, I should have 28 days to compile my defence?

4th November 2017

Dear XXXXX

Claim number [xxxxxxx]

Regarding Claim Form XXXX 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 10th 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 1st November 2017. As such, according to Rule 6.3(b) they were served on 2nd November 2017 . However, they were dated the 11th October. , but not actually posted until the 1st November 2017 and received on the 2nd November 2017.


Service on 2nd November 2017 means that my defence is therefore not due until the 16th November 2017 (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. Breach by the Particulars of Claim and the covering letter being backdated 11 October 2017, whereas they were only posted on the 1st November 2017 and received on 2nd November 2017. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 1st November 2017, 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 sanctions 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

Lamilad

should I ask for the claim to be struck out on the back of this?!

The letter already does that by inviting the court to apply the sanctions under rule 3.8.

As long as all the dates stated are definitely correct then you can email this to ccbc with your claim no in the subject line.

Do you still have the envelope showing the post mark for the backdated particulars?

ruffneck247

yep, got the envelope!

Coupon-mad

Good, so do as discussed for the past week on every other CEL thread. Such letters have been written already, just days ago.

Read a load of them - you could even search 'CEL defence envelope' and would find the useful threads easily.

ruffneck247

How long do the court usually take to reply? I have until 14th November to submit defence but I will be away 11-13 inc. I am therefore concerned about getting the defence in on time. Or would it be better just to defend the claim rather than to try to get it struck out on the technicality?

Coupon-mad

I would NOT expect the Court to reply in time, if at all at this stage.

IMHO, this is all about putting down the footprints, the stepping stones that will get you to the other side in the end and get the case either kicked out or discontinued by CEL. Think of this one as a banana skin, for them to slip on later.

Or would it be better just to defend the claim rather than to try to get it struck out on the technicality?

Our advice is to do both. See wanderer2468's thread where LOC123 has just re-written a similar email for the CCBC.

ruffneck247

Letter of complaint regarding POC sent.
Defence next! Thanks for all the help !!!

ruffneck247

Defence submitted today. When can I anticipate hearing from the court?

Redx

could be weeks or months , depending how busy they are and if the judge decides to push it to a hearing (DQ stage)