Surprise CCJ - Flora St Sheffield Restricted Area - VCS / Elms Legal

Supraman15

Thanks, I'm just surprised that a) they are carrying this on and b) that the only thing that was amended was my address
The body of text still does not meet CPR standards as pointed out in my draft defence, and the judge told them to amend this.
I've not received a copy of the court order from the judge yet so I'll have to wait and see what it says 

nosferatu1001

As above
If they were ordered to file New and Better Particulars of CLaim, and have not done so, then you write to the court to point this out, and ask the court for the appropriate sanctions for a breach of court order to be applied

Supraman15

Thanks Nosferatu.
What if the court order just says something like "particulars of claim to be amended" , they might argue that they have amended it by amending the address.

The defendant does automatically receive a copy of the court order I assume? it's not something that I would need to ask/pay for?

nosferatu1001

Yes of course they get what you get, same as when you file you send to them and the court
What if we dont play games of what if! Does it state that? I imagine not onlythat, because that is a sentence fragment. Maybe type it out?

Supraman15

Supraman15 said:

I've not received a copy of the court order from the judge yet so I'll have to wait and see what it says 

As above, that's why I was asking if the defendant (me) gets a copy

nosferatu1001

In which case you may want to check up with the primary holder of the info - the court. Find out if they sent out a copy of the order

Supraman15

I'm unable to get a hold of the court I'm afraid, I'll give it a couple of days and see if a letter comes through. If not then I'll wait on hold for an hour and pay £10 for an email copy.

I did get an email back from Elms though, who seem to have the order, they said:

In relation to your query, as per the hearing on 04/02/2021, the judge ordered:

1.            Judgment set aside.

2.            Claimant to file and serve an amended particulars of claim in 14 days.

3.            Defendant to respond with defence in 14 days.

4.            Claimant to the defendant’s application fee of £255.00, payable in 14 days.

 

This meaning that now you have received our amended Particulars of Claim, that you would need to respond with a defence, as this matter shall be allocated by the court, to a hearing in the future accordingly.

Assuming that this wording is correct, they haven't actually amended the particulars of claim as ordered, they have just amended the address on the claim form. So now I need to do some research and look into my options I suppose...

Is it contempt of court? would I need to wait 9 or 10 days to accurately say they haven't sent the amended particulars within 14 days? Should I inform Elms that their claim form is inadequate? Should I use @Coupon-mad letter to judge template to try and get the claim struck out based on this or should I just add it to my defence as another string to the bow so-to-speak

Le_Kirk

A judge will decide if it is contempt but in the meantime I would get your defence compiled against the "amended" POC and make a point of stating that the defence previously submitted stands as the claimant has not submitted an "amended" POC.  Do not miss your deadline for submitting defence as you could end up with an undefended claim and a CCJ by default.

nosferatu1001

AS above
It is a breach of a Courts Order, and as such you ask the court to apply an appropriate sanction

Supraman15

Thank you @nosferatu1001
 I have emailed Manchester Civil Justice centre informing them of the breach of court order and inviting them to apply the appropriate sanctions for breach of court order against the Claimant.