Risk of court/CCJ but UNFAIR

CCracer62

waamo wrote: »

A letter stating they do not want CEL to proceed would be useful but sadly the court process lumbers on at this point. Unless CEL drop it then there is little anyone can do other than follow the process.

He can ask them to drop it but they can refuse. A letter to the court saying the principal (the pub) doesn't want this case to continue will be a powerful tool but not necessarily a killer blow.

The Newbies thread is long and will take a few days to read and digest so don't overwhelm yourself. You have 2 weeks now. The acronyms are explained later on in it.

Don't rush. Read and digest.

Thank you, much appreciated! Will make a start!

CCracer62

IamEmanresu wrote: »

Before you go there, Acknowledge the Claim and start putting together a defence. Part of your defence will be that you gave the pub the details ....



Ask the manager to confirm if a) they did this and b) if they didn't why not and c) will the pub give you a letter saying you were a genuine customer on the day. Will go a long way to sorting this if the pub say it is out of their hands. Writing a letter saying you are a customer is not out of their hands.

Thank you very much! Going to try and get this evidence from the pub itself and it should provide enough to deter the company from proceeding?

CCracer62

KeithP wrote: »

What is the Date of Issue on your Claim Form?

Please can you post the exact detail in the Particulars of Claim box on your Claim Form - hiding personal info of course.

Claimant Civil Enforcement Limited
Claim Number Do I hide this too?
Defendant Jbrady95
Amount Claimed £180.73
Court Fee £25.00
Solicitor Costs £50.00
Total Amount £255.73
Issue Date 01/10/2018

waamo

Hide personal information that may identify you. The claim number being such information.

KeithP

Is that it?

Is there nothing in the PoC box about what the driver is alleged to have done wrong?


With a Claim Issue Date of 1st October, you have until 20th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread and also posted by waamo in post #9 above.

Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.

Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

KeithP

Have you inadvertently used your real name as you forum username?

If so, you would be wise to get it changed to something totally anonymous.

To do that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

CCracer62

KeithP wrote: »

Have you inadvertently used your real name as you forum username?

If so, you would be wise to get it changed to something totally anonymous.

To do that, you might like to read this short extract from

Emailed them now to change it!
Cheers

CCracer62

KeithP wrote: »

Is that it?

Is there nothing in the PoC box about what the driver is alleged to have done wrong?


With a Claim Issue Date of 1st October, you have until 20th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of

Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.

Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

There is another paragraph with all the info on the "damages" etc, I will have to retype it out unless theres a way I can take a pic and upload it.
Cheers

KeithP

Perhaps onlyfoolsandparking can edit his posts to remove your username from them - posts #10, #14 and #17.

CCracer62

Thank you to everyone who has offered advice and helped me. Sorry to sound so clueless and bewildered with it all.
I am reading the newbies sections, read through quite a bit already (quiet day at work), I just cannot quite pin point exactly what points I can use as a part of my defence. I probably sound really thick, maybe I am just not quite understanding what Im reading?
I am going to try and get the pub themselves to cancel it OR write a letter stating I was a legitimate customer on the day etc. I may also try and take pictures of the signage in the car park to show it wasn't very clear.
Do i then defend my case using the online form or shall i do it via the paper copy i received in the post?