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CEL witness statement received - case going ahead?

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Comments

  • Redx wrote: »
    so why are you leaving it until next tuesday when it should already be in ? get it done tomorrow , with an apology letter to cover the lateness - dont tell us , tell them

    That was the question in my first post and is why I've been so keen to email the WS to the CEL rather than post it. If the lateness is an issue I've said I'll pay the £125 fee CEL have offered instead. I'm not aware on the court process enough to understand what effect the lateness will have. My priority has been to get it to CEL so they can't say it was an ambush.

    In case you haven't read the thread CEL have also said they are discontinuing the case on 4th but I've heard nothing from them in writing.
  • Redx wrote: »
    well there you go then , even more reason to hand it in tomorrow (delivered by anyone at all) and obtain a court receipt or name of the person receiving it on behalf of the court


    if you can email it , do so , putting a note on it that the paper version will be handed in asap

    Thanks. I'll find out if I can email it. There is nothing I can do about getting a paper copy in tomorrow sadly unless paying for same day courier delivery 60 miles away from the court.
  • Redx
    Redx Posts: 38,084 Forumite
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    your court order tells you to serve it on both the claimant and the court, with a deadline date

    it may state if email is acceptable or not, you cannot expect us to know what each and every claimant and court require , but paper has been used for decades and is the usual method of communication , plus you cannot expect the court to do all your printing , especially if they have a 77 day gap in their admin duties

    by all means email it to the claimant and post it tomorrow with free certificate of posting

    email it to the court if you can , post it with a free cert of posting tomorrow , or hand it in tomorrow , that is my advice

    always work on the basis that its going ahead , until it isnt, with confirmation in writing - belt and braces approach

    we are not aware of the court processes for different courts either, they do vary, hence why you do what the court order says until there is no need due to a cancellation in writing by claimant and court

    so you are 60 miles away from your LOCAL court ?

    not very local is it
  • Jox
    Jox Posts: 1,652 Forumite
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    Keep checking with the court what the status is, I was supposed to go to court with CEL on 4th Nov and I called the court when the payment was due (took me ringing hundreds of times to get through) and CEL hadn't paid the court fee or submitted the docs and the case was struck out luckily for me. I got a letter from the court to confirm this.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    A few days late is not an issue. Getting it to the court on Tuesday should be fine, and certainly no paying CEL and grabbing defeat from the jaws of victory!

    You could always put a covering sheet with the Court's ring binder file that says:

    - on xx/xx/19 the court misadvised you that the case was struck out due to non payment
    - the Claimant has verbally said on xx/xx/19 that they are discontinuing

    ...and due to that information you were unsure as to whether to even file & serve this WS, evidence and costs schedule but suddenly were ambushed with a Witness Statement from this Claimant after all and have decided it is best to file & serve your own after all, just in case the Claimant was not being truthful. If that turns out to be the case then at the hearing you wish to cross examine the Claimant about lying to you on 4th about discontinuing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Well I've just had this through my door - looks like the postman delivered it to the wrong address at some point.

    ndcel.png

    I'll take that as it being over - I'll just forward it to the court to be sure they've got it.
    Second case discontinued on the same day (the other one was a car accident claim with my car insurance that reached the WS stage).

    Redx, no not 60 miles from my local court - I just work that far away.

    Feels like I've wasted quite a bit of time on this but thank you all for all the help. I would have been paying this if it wasn't for the people on this forum.

    Hopefully no more of these now!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Yay, you did win! ANOTHER ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
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    Well, that is a relief .............. for us all. Great to read that.
  • Redx
    Redx Posts: 38,084 Forumite
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    Yep , I agree , I did say keep going until you were made aware in writing of the change , in this case your notice of discontinuance as seen above

    As you say , it's a time consuming waste of time , but it is what it is and they know it

    A form of bullying

    Congrats on beating the bullies , plus you know more about it now to try to avoid any more
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