County court paperwork for pcn from cel

Coupon-mad

I agree.

They cannot hold a registered keeper liable in law. Not a loophole - fact.

wording does appear in small print on page 2

What you quoted is not 9(2)f. It's an earlier part of paragraph 9 of the POFA. Does your PCN have the para 9(2)f warning about LIABILITY?

Westham_man

Nothing about the creditor having the right to pursue the keeper , just what I copied

Westham_man

Hi,

I have had my defence confirmed as received by the CC IN EMAIL & also a letter dated 14th March from tribunal services saying they have 28 days to respond -

Am I right in thinking that today 11th April is day 28 ?

If so I have not heard or received anything from either CEL or the CCBC, do I need to request that the claim be stayed as per letter or will it just happen ?

KeithP

Doesn't that letter from the CCBC say the Claimant has 28 days from receiving your Defence to respond?

Recently I wrote this:

KeithP wrote: »

Well for a start, the Claimant has 28 days after receiving the Defence from the CCBC to consider their options.

No-one knows when the CCBC sent your Defence to the Claimant.

No-one knows when the Claimant is going to respond to the CCBC.

No-one knows what sort of backlog there might be in the CCBC which delays them processing the Claimant's response.

From that you will be able to work out that your question is impossible to answer.

Westham_man

It says - I acknowledge receipt of your defence. A copy is being served on the claimant (or solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the disputecannot be resolved I formally, the claiman5 will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay


So as I understand that - I need to know from the ccbc what date they sent a copy of my defence out & that is day zero for the 28 days. ( if indeed they actually sent anything, as I have been on the opposite side of this process & I was never sent the defence !)

It is like wading through treacle !

Coupon-mad

You don't need to do anything, as bargepole says here, the case will 'eventually' get allocated:

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

As long as you did your DQ and received theirs, then assume it is proceeding. In your dreams they won't proceed this early on...sit tight. There is not always a step to take.

If you haven't had a DQ from the court yet then you might want to phone them to ask, but not if you have.

KeithP

Westham_man wrote: »

So as I understand that - I need to know from the ccbc what date they sent a copy of my defence out & that is day zero for the 28 days.

No.

You just told us the letter said:

...the claimant must contact the court within 28 days after receiving a copy of your defence.

My emphasis.

And even then, you have no idea how long it is going to take the CCBC to deal with that response and send a DQ to you.

Westham_man wrote: »

It is like wading through treacle !

Yes.

Westham_man

I sent my DQ’s on 4th April to both parties, I haven’t received anything

KeithP

What do you think you should've received by now?

Westham_man

The other party’s DQ’s as per post 47