Court claim from CEL

Le_Kirk

Coupon-mad said:

@Le_Kirk I'm pretty sure the one the OP has used can't be the most recent one?

It is not; the OP has chopped the first part of the Akande judgment, it stops at Norwich 04 September 2024 and there are Chesterfield, Swindon and Willesden missing.  Current link is Judgments

halfbee

Thanks both for the time you have given me so far.  I've corrected the typos and spelling from @Coupon-mad and hopely corrected the errors in the judgement section raided by @Le_Kirk.  I've not included every judgement to keep my WS under 50 sides.https://drive.google.com/file/d/1JPb1u714DKciKcCyP5-kLcOteUSIV9cy/view?usp=drive_link

halfbee

The hearing is now within 14 days and I have not received a Witness Statement from CEL.  Does this improve my position further?  Does it suggest that they will discontinue?

Le_Kirk

If it gets to a hearing just raise it with the judge as a preliminary point and ask for it not to be permitted as it was late. Are you sure it hasn't plopped into a Spam/Junk box in your email? 

Gr1pr

Contact the court and ask if CEL paid the court hearing fee, or not 

halfbee

They have paid the fee, I checked a couple of weeks ago at their deadline. 

halfbee

Le_Kirk said:

If it gets to a hearing just raise it with the judge as a preliminary point and ask for it not to be permitted as it was late. Are you sure it hasn't plopped into a Spam/Junk box in your email? 

Nothing in junk, but I did get an auto reply from the court so mine was definitely sent.

halfbee

ANOTHER ONE BITES THE DUST!

I attended the hearing and after about 40 minutes of me saying very little and the claimants representative quoting leagalise the case was struck off because of the preliminary matters namely Chan and Akande.

You people have been an amazing help, I could not have done it without your support and guidance.  

I can go into chapter and verse later on if you need more information in order to help others.  

Coupon-mad

halfbee said:

I attended the hearing and after about 40 minutes of me saying very little and the claimants representative quoting leagalise the case was struck off because of the preliminary matters namely Chan and Akande.

You people have been an amazing help, I could not have done it without your support and guidance.  

I can go into chapter and verse later on if you need more information in order to help others.  

Yes please!

ANOTHER ONE BITES THE DUST, indeed!

We like hearing everything, starting with whether their rep sidled up to you in the waiting room and tried to persuade you to settle?

And which Judge & Court?  Was the Judge clearly on your side from the get-go?  Did you ask for costs at the end?

halfbee

Their rep did sidle up to me and handed me a copy of Vehicle Control Systems Vs Adam Percy, Leeds County Court 05/08/21 I assume, to intimidate me further.
I told him that I hadn't received his Witness Statement and he shot off to a side room. He returned with the witness statement and a printed copy of the 'email' that was allegedly sent to me.  In all honesty, I didn't ever receive an email from them. He asked me if I still intended to go ahead and I replied 'obviously' so I assume he didn't bother to offer me an out of court settlement.

The judge was on my side in so far as he realised that I didn't fully understand my defence and was unable to argue the intricacies of CPR 16.4.  Their rep argued that the judges in Chan and Akande were wrong but this didn't wash with Judge Baumohl. 
While still on the preliminary matter I told the judge that I hadn't received their Witness Statement in a timely manner.
The judge decided that I'd never agreed to communicate by email so their alleged email was immaterial. They had taken my email address from from the Directions Questionnaire. 
The judge recorded his decision into the microphone for probably 10 minutes and we were done.

It was nerve-wracking but worthwhile experience, I wouldn't hesitate to take an issue like this to court in future. Without the help from the stalwarts on this forum I would never have had the information and confidence to proceed so once again THANK YOU for all your help.