Civil Enforcement EW - POPLA DECLINED- Court Claim Filed

1505grandad

Dis you not see this via link in Newbies?:-

"Step 9: Defend all

Do not contest jurisdiction this is if you live outside of the UK courts and want your local court authority to be use

Coupon-mad

No counterclaim needed.

I have filled "Acknowledgment of Service" and submitted online to buy me some more time to prepare.

On what date?

And what's the claim Date of Issue?

Which solicitor? Or S Wilson, in-house?

Show us the Particulars of Claim.  Obviously redact data and the MCOL password, claim number and your car's VRM.

KeithP

massop said:

So I now have a Claim sent to me by the courts end of last month. I only just saw it and it is exactly 14 days since the date of letter so I have filled "Acknowledgment of Service" and submitted online to buy me some more time to prepare.

Do I need to issue a counterclaim to recover my time spent on this? Or is that done at a later stage?

As an FYI I ticked the "Dispute Jurisdiction box" as the court is in Northampton, I want them to move it closer to me if possible, was this the right thing to do?

Thanks in Advance

You have a Claim Form with an Issue Date of 20th November, is that right?

Forget any ideas about a counterclaim.

Forget the 'Dispute Jurisdiction' issue. Any hearing will be at a court of your choosing to be decided later.

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

massop

Thanks for the feedback guys,

The Claim form can be found via the below link

https://www.dropbox.com/scl/fi/u8zdcbhqthaku2kg65a6v/Redacted-1.pdf?rlkey=qh47uyms5zhuccxqrgm6n7uwh&dl=0

Here are all the answers to your questions from the previous posts.

- I Already contested Jurisdiction at the time of my post online, do I need to go back and retract that now?

- I completed the "Acknowledgment of Service" Online yesterday 4th December 2023

- Date of issue is November 20th 2023 although I only just received the mail in the post a few days ago, the envelope had no postage date on it either.

- S Wilson was the Solicitor who signed the form.

So basically from this point forward I should follow the steps in the NEWBIES (Post#2) Thread from the SMALL CLAIM? Section?

Thanks for the help.

Coupon-mad

Yes, the Template Defence is there...

...but also search the forum and read other CEL Claim threads because you need to copy an extra point about CEL calculating the payment due date prematurely.

massop

Thanks again for the guidance.

I have almost finished the defence letter which I will post retraced here once finished. In regards to the premature due date of 17/11/2023 I have drafted the below as I could not find any templates in the forum for this, is this ok or am I barking up the wrong tree?

Issue: Premature Assertion of Payment Due Date

The Claimant has inaccurately asserted the payment due date as 17/11/2023 in their claim, filed on 20/11/2023. This discrepancy raises concerns about the accuracy and veracity of the information provided. The premature declaration of the payment due date may mislead the court and prejudice the Defendant's position. The Defendant requests that the Court scrutinize this misrepresentation and take it into consideration during the proceedings.

JerryJ64

No. The due date is stated as 12/5/23. The statement says ...from due date to- 17/11/23. They are claiming interest at the rate of 8%pa from 12/5/23 to 17/11/23.

JerryJ64

The interest calculation is wrong. The period interest is calculated on, according to their claim is from 12/5/23 to 17/11/23 which is 196 days.

They claim that interest on the £170 at 8%/year is £21.72 after 196 days. This is a fictitious figure plucked out of thin air. 

Simple interest: I = P × r × t where I = Interest, P = Principle, r = interest rate and t = time.

So, the simple interest on £170 at 8%/year after 196 days is £7.25.

Compound interest: A = P(1+r/n)^nt where A = future value, P = Principle, r = annual interest rate, n = number of times interest is compounded over time (t) and t = time the money is borrowed/invested over.

So, the compounded interest on £170 at 8%/year after 196 days is £7.82.

The scammers figure of £21.72 is an inflated figure of nearly 300%.

Coupon-mad

Please search the forum again. There was no need to write that wording from scratch.

JerryJ64

Even if the interest is calculated as the bank base rate plus 8% (which is the way it is supposed to be calculated) with the current BoE base rate at 5.25%, the sums do not add up and the claimant must be put to strict proof of how they arrived at their calculation. They have signed a statement of truth but their numbers are not true.