PCN - CEL - AOS done - Defence Letter next

y2cjr

Just to confirm,

Claim form Issue date: 10/10/2017
The keeper's acknowledgment of service was submitted on 28/10/2017 at 12:39:24
The keeper's acknowledgment of service was received on 30/10/2017 at 01:07:09

So the date to submit the keeper's defence by is Sunday the 12th of November 2017 right?

Redx

there is no "right way" or "wrong way"

its an issue that we have identified and I am sure that the CCBC are aware of it

perhaps you should do both , who knows

but there are 2 legal eagles on here that have written extensively about it recently and CM has linked some of those discussions and letters in the NEWBIES sticky thread post #2

you have been asked to study those wise words (free legal advice) carefully

if they dont tell you what should be done , nobody else here will know better , and CM has deferred her wise words into linking their wise words when she edited post #2 a few days ago

research is the key , but the choice is yours

ps:- in view of your last post , I already told you that you do not know when the due date for defence submission actually is , so why ask ?

its not been clarified yet due to you not complaining about the lack of service

the reason I told you to phone tomorrow was to try and get a "stop" put on the due date or AOS due to lack of the POC

Redx

read post #3 of this thread lower down the page (I knew I had read it tonight)

https://forums.moneysavingexpert.com/discussion/5740232

that post is at odds with your assumptions , BECAUSE you have not received the POC yet

so its the date you receive the POC + 14 days

ps:- see this linked thread from the NEWBIES sticky thread post #2

https://forums.moneysavingexpert.com/discussion/5736717

READ post #3

so its the date you receive the POC + 14 days for AOS + 14 days to file a defence

y2cjr

Regarding: "ps:- in view of your last post , I already told you that you do not know when the due date for defence submission actually is , so why ask ?"

The reason I ask is because on this Claim form response pack it says: "If you file an acknowledgement of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgement may be entered against you"

Ive read the above as: If you dont file a defence within 28 days of the service of the claim form, you will lose and have to pay up.

nosferatu1001

Meaning you still have not read the other threads

GET OUT YOUR THREAD AND READ

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 NOT BEEN SERVED because the form states they were due within 14 days. The PoC on the form are not the "real" PoC

Now, do as told, and read the linked threads.

y2cjr

Hi all,

Thanks again for everyones help and advice.

The keeper called the County Court Business Centre today. They spoke to an advisor and told them that they had received no 'particulars of claim' through the mail. The service of claim form date was the 15th of October 2017. It is now the 22nd of November 2017 and there has still not been any 'particulars of claim' provided. The keeper asked the county court advisor: "how they can I write a defence if I dont know what the evidence is?". The advisor looked in to the case and could not find any evidence that the POC had been sent. The advisor asked to put the keeper on hold whilst she spoke to her manager, 5 minutes later the advisor told the defendant that she had barred the claimant/CEL from taking the case/claim any further.

The advisor said she had barred CEL from taking things any further, but advised that the keeper should still submit a defence with everything they know about the claim.

So, the keeper is going to submit the letter posted earlier in this thread, along with adding a new section about (obviously) not receiving any particulars of claim within the alloted 14 days.

Loadsofchildren123

y2cjr wrote: »

The advisor said she had barred CEL from taking things any further, but advised that the keeper should still submit a defence with everything they know about the claim.

No, no and no.


You cannot be required to file a defence where the rules clearly say your defence should go in after the further PoC!


You've been given a gift here - CEL's case is effectively on some sort of hold. Let it stay there. Filing a defence will "lift" the hold in my view.


I'd just write a letter quoting the rules (again) and say that you are unwilling to be prejudiced by filing a defence where the rules do not require you to do so, and where you cannot do so because you don't understand the claim you must meet.


If you file a defence, this will kickstart the DQ process, the file will get transferred to your local court and the case will proceed and in all likelihood CEL will get away with it.


Could you perhaps link your thread into RustyRascal's thread which is focusing on the late PoC issue, the more people that read this the better. edit: I've done this now


It's good news that they've done something in your case. Others writing in to complain AFTER receiving late/backdated PoC are getting fobbed off. Perhaps the answer is to wait until the PoC are late and phone the court BEFORE they are received (although this option isn't for everyone because the PoC aren't always late, in which case the complaint letter is still the way to go)


In these circumstances, because MCOL seems so clueless, I'd definitely confirm in writing what they've told you, so that it's properly noted on the court file in case CEL tries to claim you haven't filed a defence when you should have.