Civil Enforcement Limited - Lying about dates

RustyRascal

ruffneck247 wrote: »

Forwarded mine as requested!

Well done!

You will get a bounce back from the email, but rest assured Amanda has received it! She replied to my email this morning confirming she got it!

:T

RustyRascal

I have reached back out to Lucy Webb once again to highlight my concerns, here is the email i wrote to her;

Good afternoon Lucy,

I am confused as to how it is possible you are not in a position to manage a complaint about a company blatantly and routinely abusing the processes which are set out to ensure a fair and just outcome?

If I understand correctly, the ONLY way in which the malpractices being carried out by Civil Enforcement will be investigated, and possibly stopped, is if I were to pay you £255. To me, this feels like extortion!

I would appreciate it if you were to call me personally to discuss this matter further in case i have misunderstood you.

If you could call me on XXXXX

I look forward to speaking to you in due course,

Regards

I today received the following email back from her;

Thank you for your email, the details provided are not matters which the County Court Business Centre can deal with by way of correspondence. Court staff are not legally trained and must remain impartial and can only advise on the process of a claim. If you require adjudication on the points raised then you can file an N244 application with evidence in support.
If you wish to file a complaint then this should be made direct to Civil Enforcement Ltd. Alternatively you can make an N244 application to a District Judge. Guidance has been attached along with the Help with Fees guidance.
If you are uncertain how to proceed, the Civil Procedure Rules available on the Ministry of Justice website - http://www.justice.gov.uk – 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 http://www.communitylegaladvice.org.uk/.
I believe the above clarifies the position of the CCBC and I am sorry but I do not intend on making a call as the options available to you have been provided. I have attached the N244 process and guidance for ease.

Regards,

I have drafted the following reply to send to her, but before i do it, can you please give me your thoughts/insights to make it as hard hitting as possible?

Also, anyone else who should be cc'd in

Dear Lucy,

I wholeheartedly disagree with the contents of your email, and i will explain why.

1. this is not MY application to make. The breach is Civil Enforcement Limiteds. it is CEL who should be requested to reply to you as to why they are blatantly and routinely ignoring and abusing the courts procedures.

2. These are the courts own rules, the same rules you are requesting I read up on. I can confirm I have read the relevant rules, and not only have I read them, I have highlighted the exact rules that CEL are ignoring, and you are choosing to ignore this unless I pay you! These are also rules you expect & require litigants to comply with. You cannot pick and choose which of these rules you expect users of the court to abide by - for instance, you expect me to be on time with my AoS and Defence, otherwise you allow judgment in default. You should enforce you own rules, particularly where a serial litigator is breaching them on a mass scale, and where this is potentially extremely prejudicial (lots of defendants must be putting in defences before they even receive the PoC).

You are letting the public down on a grotesque scale, and I am afraid you pushing back every single time that I reach out to you for support is only highlighting the worrying scale of the corruption!

My next stage is to reach out to the MOJ with my findings, but in the first instance, I feel pursuing yourselves as custodians of the processes is the right place to start!


Thanks in advance!!

starnold444

Have the same issue as well. I received the Claim Form (Issue Date 11th October) telling me I had to reply but had not received a POC before this claim form. After submitting my defence I then get a letter through the post from CEL that was dated 11th October but the envelope says 1st November.
Have MCOL acted on any of the complaints that have been sent?
From what I understand I have to move towards small claims court but put a letter in stating the issue above and asking for it to be struck out as the process has not been followed let alone met any of my defence requirements?

Loadsofchildren123

Para 1 - "reply" should be "apply" - this was a typo in my original post which spawned your letter.

They will pass the buck. You then write a letter with your DQ in the same terms as your first complaint, which a judge will see when the file goes to your local court. I did a post about this earlier today in a bit more detail. I advised a couple of additional points to go into the letter. Can't remember which thread, but it was a CEL one.

RustyRascal

Loadsofchildren123 wrote: »

Para 1 - "reply" should be "apply" - this was a typo in my original post which spawned your letter.

They will pass the buck. You then write a letter with your DQ in the same terms as your first complaint, which a judge will see when the file goes to your local court. I did a post about this earlier today in a bit more detail. I advised a couple of additional points to go into the letter. Can't remember which thread, but it was a CEL one.

Thank you LOC, I have amended the email. Should I advice Lucy of my planned actions regarding the letter with the DQ? Or leave it at the content above in the final email?

Either way, I plan on including the email chain within my statement to the DJ to ensure that the full picture is shown.

I will scan your posts for the letter contents and will try and form a template for others as well...

Thank you!

RR

Loadsofchildren123

Don’t bother mentioning the DQ to her because it makes it even more likely that she’ll ignore you.

starnold444

On my claim CEL did file the N215 but it was 6 days after the claim form and poc are dated. Should that have been done before?

RustyRascal

starnold444 wrote: »

On my claim CEL did file the N215 but it was 6 days after the claim form and poc are dated. Should that have been done before?

What were the dates on your claim form and PoC?

Im going to make a wild assumption that the PoC was dated 11th October 2017?

LOC will probably correct me (sorry...), but I believe that CEL have 14 days to file the N215 after the POC has been served, and there are 5 days allowed for the POC to be served from the date on the covering letter. Based on their backdating (assuming your doc is dated 11th October) the N215 should have been submitted by the 30th October.

Probably got that completely wrong haha!! Thats part of the issue here....the courts don't give us any information and the process is so bloody confusing!!!!!

starnold444

Date of claim from mcol is 11th Oct.
Poc is 11th Oct but was only posted to me on 2nd Nov after I submitted my defence.

Coupon-mad

starnold444 wrote: »

Date of claim from mcol is 11th Oct.
Poc is 11th Oct but was only posted to me on 2nd Nov after I submitted my defence.

This is Rusty Rascals' thread so please go back to your own thread, or start one.

It is more than confusing for us to see a post from a third party poster giving us dates that don't relate to THIS thread. It could even cause RR to get wrong advice, so it's unfair on the OP.