Notice of Proposed Allocation

starnold444

Also if I done nothing with the County Court Claim form where it asks me to login into MCOL....what would have happened?

Loadsofchildren123

If you'd ignored the claim? Judgment in default, no notice to you and granted automatically.

Lamilad

How shall I respond to my DQ?!

LoC123 recently drafted a letter for another CEL defendant to submit with their DQ. Click on her profile and look through her posts to find the letter

starnold444

Can someone post the link to the letter? I can't find it thanks

starnold444

Please can someone check my complaint letter?



Dear Amanda

Claim number XXXX

Please can you confirm receipt of this complaint.

Regarding Claim Form XXXX I am writing to draw to your attention that the Claimant 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 11th October 2017, stating that the 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 on 3rd November 2017. However, they were dated the 11th October 2017, but not actually posted until the 1st November 2017 and received on the 3rd November 2017

Could I kindly request the court to record the above dates as per the time limits pursuant to Rule 9 and 15.4(1)(a).

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars of Claim by backdating them by 21 days, together with the covering letter. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 1st November 2017, a copy of which I have provided as evidence The Civil Procedure Rules are quite clear - under Rule 3.8 the court should apply the sanctions unless the Claimant has applied for relief under 3.9.

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 defense late, or by confusing me into having to rush to file my defense prematurely. This is a serious matter and I ask that this is formally noted on the court 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

nosferatu1001

You should add that, as the claimant was out of time to file the PoC, you have no need to file a defence UNLESS the court has granted relief from sanciton, which yiou understand the claimant would have to apply for.

Loadsofchildren123

starnold444 wrote: »

Please can someone check my complaint letter?



Dear Amanda

Claim number XXXX

Please can you confirm receipt of this complaint.

Regarding Claim Form XXXX I am writing to draw to your attention that the Claimant 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 11th October 2017, stating that the 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 3rd November 2017. However, they were dated the 11th October 2017, but not actually posted until the 1st November 2017 and received on the 3rd November 2017 - - in post #8 you said they were posted on 11 November, please put the correct date - there's something not right with the dates, 11th was a Saturday. Were they received by you on the 11th? What did the postmark show?
Eg if posted on 10th, they were not served until 13th (service is on the 2nd day after postage, except if that is a Sat/Sun in which case you count forward to the next working day).

The Particulars of Claim should in fact have been served on 30 October (14 days after service of the Claim Form). As such, they were served x days late. Please record the late service of the Particulars on the court file, and the true date on which they were served.


According to the court rules (Rules 9 and 15.4(1)(a) my Defence is not due to be filed until 14 days after the Particulars of Claim - in this instance x November [OP, please count 14 days on from when the PoC were served, as explained above] Could I kindly request the court to record the above dates as per the time limits pursuant to Rule 9 and 15.4(1)(a).

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars of Claim by backdating them by 21 days [is this the right time period? If your PoC were served 13th Nov, and are dated 11 Oct, then it's more than 21 days!], together with the covering letter. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 1st November check date 2017, a copy of which I have provided as evidence The Civil Procedure Rules are quite clear - under Rule 3.8 the court should apply the sanctions unless the Claimant has applied for relief under 3.9.

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 defense late, or by confusing me into having to rush to file my defense prematurely (which I did). This is a serious matter and I ask that this is formally noted on the court 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

This is the danger of copying and pasting - looking at your post #8 I think you have all the wrong dates and time periods

Loadsofchildren123

the court is very likely to either ignore this letter, or tell you to make an application.
Keep an eye on the threads by Rusty and 777 (sorry can't remember their full user names, but they have both posted on each other's CEL threads and you probably got the above letter from one of them) - write back and point out that it isn't you who is in breach of the rules, it is CEL, and if anyone should be required to make an application it is CEL. All you are asking the court to do is to uphold and enforce its own rules.


Again, you will be ignored.


When you eventually get a DQ to fill in, you must write a covering letter with it raising all of this again. Invite the court to require CEL to make an application, or otherwise strike out the claim or that it makes an order that absent an application then CEL can't rely on the further PoC as they were not served in time.


As you drafted the defence before you saw the further PoC, is there new info in them which means that you want to amend your defence? You can ask for permission for that in the same letter, if the court is not minded to strike out the claim.

starnold444

The claim form issue date is 11th Oct.
The PoC sent to me has 11th Oct on the cover letter and 1st Nov on the envelope.
I received them on 3rd Nov.

Below are the updated sections - is that now correct based on the dates above?

The further Particulars of Claim and covering letter were sent under cover of 3rd November 2017. However, they were dated the 11th October 2017, but not actually posted until the 1st November 2017 and received on the 3rd November 2017.

The Particulars of Claim should in fact have been served on 25th October (14 days after service of the Claim Form). As such, they were served 6 days late. Please record the late service of the Particulars on the court file, and the true date on which they were served.

According to the court rules (Rules 9 and 15.4(1)(a) my Defence is not due to be filed until 14 days after the Particulars of Claim - in this instance x November [OP, please count 14 days on from when the PoC were served.

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars of Claim by backdating them by 6 days. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 1st November 2017, a copy of which I have provided as evidence The Civil Procedure Rules are quite clear - under Rule 3.8 the court should apply the sanctions unless the Claimant has applied for relief under 3.9.

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 defense late, or by confusing me into having to rush to file my defense prematurely (which I did). This is a serious matter and I ask that this is formally noted on the court file.

starnold444

Also is the 14 days working days or just 14 days