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Civil enforcement limited claim form received

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  • Coupon-madCoupon-mad
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    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Same in every case, just read other CEL threads:

    http://forums.moneysavingexpert.com/showthread.php?p=72776586#post72776586
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • QuentinQuentin Forumite
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    DPB wrote: »
    I've also received the questionnaire.

    You need to keep to your own thread
  • An update on this one.. I've recently received the Notice of Hearing form my local county court today .
    Feeling nervous about representing myself in court ����, but am confident with my defence points so I'm going to take them on!! Money grabbing chancers.
    Even if by some chance they win in court, I'm in such a poor financial situation I'm sure they'll only be getting their money in drizzles of £1 per month anyway. Theres no way I can afford to pay their inflated "fine".

    If it goes to court and I win, can I still counter claim for having to take time off work?

    Thanks
  • QuentinQuentin Forumite
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    If you were to lose, then bear in mind that unless you pay the judgement off in full within a month it will stay on the register for 6 years even if you pay it off subsequently. This may be of some concern if you need anything at all on credit or involving a credit check.

    You don't need to counterclaim for your lost earnings. Be ready to ask the judge for your expenses attending court after you win!
  • Wow, really? Thanks for pointing that out. That would be incredibly unjust seeing as though I wasn't even in the car that day!
    Fact is I couldn't pay it all in one go so if they win, it'll affect me more than just one day in court.
    I guess this will make me even more determined:mad::mad:
  • Hi again, I've got another question about my case that I hope someone can help with. I've received the notice of hearing from my local court. Will they send out further details of when to submit my witness statement etc, or do I take the initiative and so this myself ( thanks to these threads I've established that I need to submit this at least 14 days before the hearing).
    Also, I'm preparing to list my expenses (if I win). How many hours is considered as reasonable for researching my case? I've spent many hours so far, and I'm sure many more to come before the court date!
    Thanks in advance for anyone who can help. :)
  • nosferatu1001nosferatu1001 Forumite
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    Does the notice of hearing give a hearing date? If so, what is that hearing date?
    Have you read ALL of the notice thoroughly? If it gives a hearing date, then it WILL state probably around para 5 or 6ish when documents must be exchanged between ALL parties (court and claimant) - documents are your Witness Statement and any evidnce such as photos etc. You uniquely reference EVERY piece of evidnce, and your WS refers to this e.g. INITIALS/001 - a photo showing...

    They're not expenses, they're called "costs"

    Costs are strictly limited in small claims. You can always claim ordinary costs, such as time off work OR loss of holiday entitlement, up to half a day, capped at £95. Take proof of loss of earnigns OR loss of holiday with you. YOu can also claim for parking, and travel at 45p per mile for car, public transport (2nd class rail) at cost.

    If you are looking to claim your time, then you may struggle. The entire point of small claims is that each side bears the majority of their own costs. You would really need to show the claimant has behaved Unreasonably under rule CPR27.14(g)(2) to access a greater costs order - so you need to do some research into HOW this is defeined, and list actual instances where they were unreasonable. If the judge findds for this - you do this AFTER discussing yoru normal costs!!!!!!!!!! - then you can go for time at say £19 per hour, OR try for 50% of a band D fee earner which is £60 per hour. The latter is brave, but some courts will entertain it - after all, it is supposed to be punitive (as they behaved unreasonably) ie its supposed to really hurt the claimant for behaving like a d**k :)
  • bluetoffee1878bluetoffee1878 Forumite
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    This was from 2015, but it was how we claimed costs from D.E.A.L who were basically Civil Enforcement at that time. They did not show up in court, we did turn up and found out that they had emailed a discontinuance late afternoon the previous day.

    This is the letter we sent to the court with some help from a poster on legal beagles.

    In the County Court at Liverpool

    Urgent Matter - to be referred to Procedural Judge.

    In the matter of

    Debt Enforcement and Action Limited v Miss X
    Claim Number XXXXXXXX


    Dear Sir or Madam,

    I attended Court on 25/3/15 for the hearing scheduled for 11:30am on that date. On checking in with the Court Usher, I was informed that the case had “already been settled”. Further inquiries revealed that the Claimant had sent an email to the Court at 15:40 the previous day (24/3/15), stating that they “wished to discontinue proceedings for the claim”. I was also informed by the Court official that an earlier case involving the same Claimant had also been discontinued ‘at the last minute’
    I as the Defendant in this matter had received no notice from the Claimant that they were going to discontinue. In fact, this Defendant has at no point during the course of this claim complied with any of the requirements. They did not serve their directions questionnaire, they failed to acknowledge or reply to a part 18 request and they did not serve on me their witness statement.

    CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

    On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.

    The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

    Schedule of costs

    Research and preparation of defence as litigant in person @£18 per hour, (N.B. I think this is £19 now)
    6 hours. Total £108.

    Printing of 3 copies of witness statement and skeleton argument and postage
    Estimate £25.

    One day off work to attend hearing on 25/3/15 @£12 per hour X 5 hours
    £60

    Mileage driven to attend court and return on 25/3/15
    14.8 miles @ £0.45 per mile
    £6.66

    Car parking on day of hearing on 25/3/15
    £1.90

    Total costs claimed £201.56


    Yours faithfully,

    After sending this, the court ordered them to pay or file and serve their objections (which they did not) A cheque was subsequently received.
  • The_DeepThe_Deep Forumite
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    An excellent letter. Did you sign a confidentiality clause?
    You never know how far you can go until you go too far.
  • bluetoffee1878bluetoffee1878 Forumite
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    Thank you TD.

    No confidentiality clause in force to the best of my knowledge :)
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