Civil Enforcement Limited - Lying about dates

Loadsofchildren123

ixworth has some good letters on his thread, worth keeping an eye on what he's doing too.
It's hard work keeping up with all of this!

RustyRascal

Loadsofchildren123 wrote: »

ixworth has some good letters on his thread, worth keeping an eye on what he's doing too.
It's hard work keeping up with all of this!

I don't think it will slow down either! They have set out so many of these things...

Loadsofchildren123

oops, keep up me, I meant Berribear
https://forums.moneysavingexpert.com/discussion/comment/73459520#Comment_73459520

logician

RustyRascal wrote: »

I understand what you are saying, but the DQ goes to exactly the same place as the emails have been going. They have made it very clear that they will not be dealing with any form of complaint sent to them.

I have already got a letter printed and ready to go, but who do i address it to?

DQ should be emailed to the court using email

ccbcaq@hmcts.gsi.gov.uk

put the claim number and state this is "Defendant's completed N180 form" in the subject field

If you scan any covering letter with the N180 form in a single PDF it will get there.... !


However, when this is allocated to track - it would be prudent to write to the relevant court - marking for the attention the the court manager to put this in front of any judge

Good luck !

I am not sure how DJ's will view these "complaints" and whilst others have stated it is not in the Defendant's gift to accept the late PoC's, conversely it could be argued it is not in D's gift to refuse these..

Given the court's general management powers under CPR 3.10 and the fact when an acknowledgement of service is made - it is specified particularly that this gives 28 days from service of the claim Or additional POCs if served separately to file a defence.

Notwithstanding of course that the late particulars of claim and the fact that these were typically dated 11.10.17 should be included in any defence and brought to the judge's attention as an example of unreasonable conduct by the Claimant

RustyRascal

logician wrote: »

DQ should be emailed to the court using email

ccbcaq@hmcts.gsi.gov.uk

put the claim number and state this is "Defendant's completed N180 form" in the subject field

If you scan any covering letter with the N180 form in a single PDF it will get there.... !


However, when this is allocated to track - it would be prudent to write to the relevant court - marking for the attention the the court manager to put this in front of any judge

Good luck !

I am not sure how DJ's will view these "complaints" and whilst others have stated it is not in the Defendant's gift to accept the late PoC's, conversely it could be argued it is not in D's gift to refuse these..

Given the court's general management powers under CPR 3.10 and the fact when an acknowledgement of service is made - it is specified particularly that this gives 28 days from service of the claim Or additional POCs if served separately to file a defence.

Notwithstanding of course that the late particulars of claim and the fact that these were typically dated 11.10.17 should be included in any defence and brought to the judge's attention as an example of unreasonable conduct by the Claimant

Morning logican,

Thanks for your response, really useful! I have written my cover letter, scanned it all into 1 PDF and ready to email over to CCBC!

I need to also serve a copy to CEL, so would you advise doing this in paper form, or will copying them in to the email to the courtl suffice?

Thanks

RR

nosferatu1001

Do they accept service via email?

RustyRascal

nosferatu1001 wrote: »

Do they accept service via email?

I understand from logician that they do, but not knowing the process, I can only assume. I will give them a call this afternoon and confirm 100%!

Thanks

RR

RustyRascal

My plan is to email CEL via copying them into the courts email, but also send a paper copy with proof of sending via the post office. Belt and braces...

Service of documents by email is becoming more common. The rules allow it under CPR 6.20(d), which refers to some additional rules in the attached Practice Direction (PD6A 4.1). You can only serve by email if the other party has agreed to it (6PD 4.1(1)(a)) and must you check in advance whether there are any limitations on the ability to receive the documents such as restrictions on the size of attachments that can be received or the format of the documents being sent (6PD 4.2). Putting your email on a defence or other court document could be considered agreement to being served by email.

If a document is served by email, there is no need to send a paper copy as well (6PD 4.3). It is for the other party to have to arrange to print the documents off!

If service is made by email, the documents are technically served that same business day, if the email is sent before 4.30pm. If sent after 4.30pm, they are deemed served the following business day (CPR 6.26).

If you are going to serve by email make sure you take a copy of the email sent with you to trial, in case the other side claims it was never received.

(This was lifted from https://www.smallclaimscourtgenie.co.uk/service-of-documents-before-trial/)

ruffneck247

I don't think paper copies are necessary. I am just about to send my DQ's and letter of complaint scanned into a single document. Hopefully as above, the DJ will look at the letter of complaint as it was chucked back at me by ccbc staff.

nosferatu1001

You can only rely on service via email if you have their agreement