Civil Enforcement Limited - Lying about dates

Loadsofchildren123

I still make the backdating 12 days (they'd date them the day they sent them out), but I don't think it makes any odds if you say 13. There's very clearly been backdating.


The only thing to be aware of is that they don't have to file the N215 until 14 days after sending you the PoC. This time limit is in para 6.1(2) of Practice Direction 7E which specifically applies only to MCOL claims. But it should have been filed on the 7th anyway, so it's late now. So you can still complain.

RustyRascal

Loadsofchildren123 wrote: »

OK, I think leave the dates as they are in my letter then (service of the PoC is "deemed" to be the 25th if posted on 23rd, but in this case as you've actually confirmed you received them on 24th then that's when they're served so you count 14 days on from that). I don't think you can stay silent on the date of receipt and say service wasn't effected until 25th (which would make them an extra day "late") because you didn't keep the envelope so can't say when they were posted but only when they were received.

Understood. Shame they didnt use my correct address, or the envelope WOULD have been saved...possibly helped themselves slightly there!

Loadsofchildren123

When you write to CEL you also need to complain that the contract relied upon was not attached to the PoC, just an incomplete Schedule of Information.


The relevant requirements are again in PD 7E.


Para 5.2A: The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.


So where separate PoC are served, para 7.3 of PD DOES apply and they must attach a copy of the contract to the PoC, which they haven't done.

RustyRascal

Loadsofchildren123 wrote: »

The only thing to be aware of is that they don't have to file the N215 until 14 days after sending you the PoC. This time limit is in para 6.1(2) of Practice Direction 7E which specifically applies only to MCOL claims. But it should have been filed on the 7th anyway, so it's late now. So you can still complain.

Depends who's dates they want to be using!! If the date on the PoC, then they should have filed it by the 25th October...making it even later...semantics i know...but they seem like the type of company that would want to have their cake and eat it!

Letter will go in the post along with the evidence this afternoon, as well as via email clearly stating that it is not to make up any part of my defence statement! Don't want them to make that mistake again!

RustyRascal

Loadsofchildren123 wrote: »

When you write to CEL you also need to complain that the contract relied upon was not attached to the PoC, just an incomplete Schedule of Information.

My complaint to CEL was sent on the 8th November via email...thats long gone...this is just a complaint to the court to bring it all to their attention as per Amanda's request.

Loadsofchildren123

RustyRascal wrote: »

My complaint to CEL was sent on the 8th November via email...thats long gone...this is just a complaint to the court to bring it all to their attention as per Amanda's request.

I'd send another complaint telling them they should have attached a copy of the contract they claim was breached to the PoC and quote that rule (PDs are part of the rules). And ask for it by return. You should really have it in order to prepare your WS (and should have had it prior to defence stage).

Loadsofchildren123

RustyRascal wrote: »

Depends who's dates they want to be using!! If the date on the PoC, then they should have filed it by the 25th October...making it even later...semantics i know...but they seem like the type of company that would want to have their cake and eat it!

Letter will go in the post along with the evidence this afternoon, as well as via email clearly stating that it is not to make up any part of my defence statement! Don't want them to make that mistake again!

Yes I did think that, but I'm not sure they'll have the brass neck to try and claim they posted it on the 11th, because of the multiple complaints they and the court have been receiving about their backdating.
If they file a false N215 it's really very serious. Although don't hold your breath that the court would care. What's a little false Statement of Truth anyway.....

RustyRascal

Just as a heads up...

The email address that Amanda gave me will send back the following bounceback;

This email account is no longer in use and is unmonitored. Your message has not been forwarded.

But folk shouldn't be alarmed by this!

Having requested confirmation of receipt from Amanda, she responded within 20 mins to confirm she had received and forwarded the message and its contents on!

Get everyone to CC themselves and request confirmation of receipt and go from there.

The_Deep

Please treat this letter as a formal complaint."

Why not head the letter "Formal Complaint", it works for me.

ruffneck247

RustyRascal wrote: »

This is amazing, thank you! I will be sure to have a skim through your replies (of which i can already see there are tonnes!!!!) and see what I can find.

Anyone who can show their evidence easily (letter + envelope) should send one of your complaint letters to the county court business centre for the attention of Amanda Beck to bulkcentre.helpdesk@hmcts.gsi.gov.uk and she will forward them on to the Customer Insight Team.

Obviously the more they receive, the more of an impact it will have!

Just to belt and braces it, the email should probably state that the contents are not part of the defence and should not be shared with CEL at this stage (unless you think it would be ok for this...you clearly know better than I do!!).

Thanks again,

RR

Forwarded mine as requested!