Civil Enforcement Limited - Lying about dates

RustyRascal

I did ask about this, but Amanda didn't seem to have an answer for me....but with no one there being legally trained i wouldn't expect them to know their elbow from their ar....

[Deleted User]

Basically it may take someone to bite the bullet and issue an application to get it transferred out early and in front of a judge.

The application would be to strike the PoC (both because it is an abuse, but also because it is late) and to extend time for service of the defence pending the hearing of that application (so actually not lodging a defence at all).

For obvious reasons it's a risk because of the court fee involved. The court may be untroubled, but equally, there's good evidence to show that this is systematic abuse. It's not as though the Claimant need rush to lodge the claims - there was ample time for them to file cases once they were properly prepared.

Eaglehawk

Particulars of claim and certificate of service
6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –
(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(2) file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.
6.2 The certificate of service may be filed by sending form N215 by email to mcolaos@hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.

Probably just be another point where they have not followed PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE

[Deleted User]

No certificate of service, no default judgment if defendant fails to defend.
Also, at present, no evidence to rebut your evidence as to when the documents did arrive.

RustyRascal

Johnersh wrote: »

No certificate of service, no default judgment.
Also, at present, no evidence to rebut your evidence as to when the documents did arrive.

ergo no leg in which to keep themselvs upright!

RustyRascal

Morning all,

I am really struggling with my complaint letter to the court and I was hoping to get some pointers? I have read a number of the letters that have been written as complaints to CEL directly, but these don't feel "right" for this complaint to Amanda and her team.

Should the letters be in legalease, or just strongly worded letters outlining the timelines of the stages along with the evidence/witness statements?

Keen not to get this wrong, as this could really support getting some of these cases thrown out!

Thanks again for your help on this!

RR

The_Deep

MCOL are just ignoring the letters. In one case, an OP was told that his complaint letter was being treated as his Defence

This does not surprise me, I have had three run ins with the court service, in two I received grovelling apologies, and in the third £100 in compensation.

It seems me that it is staffed by bottom of the barrel Civil Servants, those who were turned down by DEFRA.

Loadsofchildren123

Rusty I think you need to quote the rules. They are written in plain English and are quite clear. If you don't quote the rules you are not demonstrating that what they are doing is outside the rules and not allowed. And you are writing to a person who isn't legally qualified but is admin staff.


I have written numerous very similar/same letters to the court outlining the rules and complaining about backdating on other CEL threads. For those where the did not arrive in time, I include a paragraph about rule 3.8 sanctions and 3.9 relief which the Claimant must apply for. Search the other posts/my posts and you'll easily find them. I've linked some of the other threads in a previous post on this thread.


The letter starts with complaining about the backdating, saying when the PoC should have been served and recording when the defence is due (and quoting each rule number). It then says (where PoC are late) that the PoC are late by x days (under whichever rule it is) and that the C cannot therefore rely on them under rule 3.8 unless it applies for relief under rule 3.9, and asks the court to give directions on the matter.


Where a person has late PoC, I advise nevertheless to get on with the defence because I think it unlikely in a small claim that MCOL will take any notice of the Rule 3.8/9 point, but it's still worth raising and asking the court to make directions.


Everyone is being advised to write to Amanda, so it would help to have an example letter - but I don't see that it needs to be any different from the previous letters I've done. You might add a sentence at the end "I am writing to you because I understand that the issue with CEL backdating their Particulars of Claim, and failing to file the Certificate of Service, has become extremely common. It appears that they have issued batch claims on or around 10 October with which they cannot cope. Their template Particulars of Claim, identical in each case, are an abuse of process, and all of them appear to be dated 11 October when they are in fact being posted much later (and in many cases out of time). I wonder what the court is going to do about CEL's abuse of the system? All court users, both professional and lay, are expected to abide by the Civil Procedure Rules: this is why they exist, to put all parties on an equal footing. CEL are ignoring the rules which is prejudicing what appears to be a large number of lay defendants.


Please treat this letter as a formal complaint."


Something like that.

RustyRascal

Loadsofchildren123 wrote: »

Rusty I think you need to quote the rules. They are written in plain English and are quite clear. If you don't quote the rules you are not demonstrating that what they are doing is outside the rules and not allowed. And you are writing to a person who isn't legally qualified but is admin staff.


I have written numerous very similar/same letters to the court outlining the rules and complaining about backdating on other CEL threads. For those where the did not arrive in time, I include a paragraph about rule 3.8 sanctions and 3.9 relief which the Claimant must apply for. Search the other posts/my posts and you'll easily find them. I've linked some of the other threads in a previous post on this thread.

To avoid you thinking I haven't done any research, I promise that I have done

I have taken one of your complaint letters and amended it to kind of suit...but the one i was using related to relief from sanctions and it concerns me that I may just be muddying the water if it isn't 100% clear...

Let me know your thoughts...

Dear Amanda

Regarding Claim Form XXX, I am writing to the court to complain that Civil Enforcement Limited (CEL), the Claimant in the above case, 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 2nd October, stating that the detailed 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 24th October 2017. As such, according to Rule 6.3(b) they were served on the 22nd October 2017. However they were dated the 11th October 2017. There is a witness statement to corroborate these dates.

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars by backdating them by 22 days, together with the covering letter. I would direct you to the fact that the claimant has also failed to include a signed Certificate of Service which would be supported by a Statement of Truth, in a clear attempt to avoid the consequences, via CPR 32.14, of filing false evidence.

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 claimants 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

Loadsofchildren123

https://forums.moneysavingexpert.com/discussion/5740761
See for instance the draft letter on this thread