Civil Enforcement Limited - Court Claim

Barry100

Thanks for all help received so far! Defence submitted.

Barry100

Just a quick update. I have received today a letter from my local County Court stating:

"It is ordered that the particulars of claim are struck out. By 13th February 2020 the Claimant must file and serve an amended particulars of claim which comply with CPR 16.4 and CPR PD16 7.3. Any written contract replied on must be attached. A full and concise statement of the nature of the Claim and the legal basis for it must be given. A full breakdown of the sum claimed with a justification must be given. Each and every alleged breach of contract and/or breach of duty should be set out."

Hoping they won't bother!

Coupon-mad

Same court as this one? Which Judge and court?

https://forums.moneysavingexpert.com/discussion/comment/76785566#Comment_76785566

Barry100

District Judge Devlin sitting at the County Court at Oxford.

What are the chances of CEL giving up at this point?

Umkomaas

Barry100 wrote: »

District Judge Devlin sitting at the County Court at Oxford.

What are the chances of CEL giving up at this point?

50:50.

But if they comply with the Judge's orders, 0%, if they fail to comply, 100%. You'll be sure one way or the other in a fortnight.

Coupon-mad

I think CEL will give up, because it's CEL! Let us know.

Barry100

Unfortunately, CEL have sent me their amended Particulars of Claim (dated the day before their deadline).
Interesting, now they have been asked to justify their costs, the amount claimed has dropped by about £70:
£100 PCN
+ £70 debt recovery costs (would they actually have had to pay this?  Aren't these companies no win/no fee?)
+ £9 interest

However, they seem to have messed up their dates, as the interest claimed is from a date in Nov 2018 to the date claim issued in Oct 2019, but the date of the alleged parking violation was Feb 2019.  

The letter from the court I received previously stated that I had 28 days from receipt of the amended particulars of claim to file and serve, if so advised, an amended defence.  Now CEL have done this, will I get a letter from the court informing me to do this, or should I now send an amended defence to the same email as before?  I think my original defence still stands, though there is now the issue about the wrong dates on the interest claimed, so I suppose I should add that?

Surely the fact they tried to claim more than they can justify doesn't look great for them in front of a judge and proves these companies are crooks?!

Le_Kirk

Send an amended defence, i.e. your original defence with strike through in BLUE and added text in RED If they are trying to claim the spurious amount for debt collecting, add the words from Coupon-mad that you will find at the 14th post in the abuse of process thread by beamerguy

nosferatu1001

Send an amended defence, and note
1) the claimant has changed theamount theyre claiming, and *still* have not justified the additional £70 
2) that the claimant has knowingly claimed an incorrect amount *again* as they have calculated interest incorrectly
3) That the claimant did NOT serve it by the deadline, as it was posted at best the day before, meaning it was served, at bes,t the day after. 

Barry100

I have read on a few threads about submitting an amendment to a defence and having to fill out a form and pay a fee.  Does this apply in my case, seeing as the court ordered the claimant to amend the POC?  I have emailed my amended defence to the same email I sent the original defence but am now questioning whether that was the right thing to do?