Civil Enforcement court claim (updated with outcome)

Coupon-mad

If you use the 5 exemplar WS linked in the NEWBIES thread, you'll see they already cover the fact that £170 is wholly disproportionate and against the intentions of Parliament.

Kw6123

Thank you for everyone's help on this. I've submitted my witness statement using the examples on the newbies post and advice given to me. Do you normally get an acknowledgement email from the Court? I can see the sent email on my account but I'm worrying it hasn't actually sent as gmail caused issues before. 

Gr1pr

No, not to my knowledge 

As an LiP you are expected to take reasonable steps to ensure that both the court and also the claimant or lawyers received the documents etc, so definitely phone the court and check 

Sending an email or letters is no guarantee that they were received , only proof that they were sent and where to

Coupon-mad

Did you copy in the solicitors?

LDast

Which email address did you send your WS to? There have been issues in the past with emails sent from a Gmail account to the CNBC. If you did not receive an auto response from the CNBC, then it is probable that your email was not received. If so, try resending from a different email account/provider.

Did you also include the Claimant or their solicitor in the email address? Did you CC in yourself? 

Coupon-mad

Surely the CNBC are not involved.

Kw6123

The email given was for Northants County Court so I sent my WS to them. I called yesterday to check they had it and they confirmed my email was received. 

I was never sent any solicitor's details but I had received a settlement offer from Civil Enforcement legal team via email recently, so I sent a copy of my WS to that email. 

The court letter clearly says each party must send a witness statement and any relevant documents to the other side by 3rd June, and later says if you don't comply with these directions the case might be adjourned or the judge may decide not to take any documents in to account. I received nothing from CEL so lets hope that works in my favour! 

Umkomaas

The email given was for Northants County Court so I sent my WS to them

Just a belt and braces check with you. Do you live in the Northamptonshire area?  So many people confuse the Northampton CNBC with the actual Northampton County Court. 

Kw6123

Umkomaas said:

The email given was for Northants County Court so I sent my WS to them

Just a belt and braces check with you. Do you live in the Northamptonshire area?  So many people confuse the Northampton CNBC with the actual Northampton County Court. 

Yes I live in Northants. I sent it to enquiries.northampton.countycourt@justice.gov.uk

Coupon-mad

Sounds like you did everything right. 

If you haven't had their WS, seize the moment to email a calculation sheet assessing your costs (if any) to Northampton court, and ask that the hearing is NOT vacated and instead becomes a costs hearing for the Defendant, if the Claimant discontinues at the eleventh hour.

The above is ONLY if there are costs AND if you want the hearing to continue for your costs. You'd have to prove losses.

If you'd rather it was all over:

Just email the local court to ask if the hearing has been vacated because the Claimant has breached the Hearing Order by failing to serve a Witness Statement.