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Civil Enforcement Limited - Lying about dates

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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    First Anniversary Combo Breaker
    RustyRascal wrote: »
    What were the dates on your claim form and PoC?

    Im going to make a wild assumption that the PoC was dated 11th October 2017?

    LOC will probably correct me (sorry...), but I believe that CEL have 14 days to file the N215 after the POC has been served, and there are 5 days allowed for the POC to be served from the date on the covering letter. Based on their backdating (assuming your doc is dated 11th October) the N215 should have been submitted by the 30th October.

    Probably got that completely wrong haha!! Thats part of the issue here....the courts don't give us any information and the process is so bloody confusing!!!!!
    Yes to the 14 days for the N215
    The Claim Form is the one deemed served 5 days after it’s dated.
    Ordinary service rule applies to the PoC - it must be served within 14 days of service of the Claim Form and if sent first class is deemed served 2 days after posted (if that is a Sat/Sun count on to the next working day)
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    First Anniversary Combo Breaker
    starnold444 wrote: »
    On my claim CEL did file the N215 but it was 6 days after the claim form and poc are dated. Should that have been done before?

    Is the information on the N215 correct? Ie does it state they were posted 11 Oct or on the actual date?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • RustyRascal
    RustyRascal Posts: 62 Forumite
    On the subject of dates...I am trying to work out what the next steps should be in my case.

    I filed my defence on the 6th November, so does that give CEL 28 days to action the next stages which i believe will be a Directions Questionnaire?

    If so, I make that the 4th December(?)

    The courts should really make all this information much clearer to the defendants to avoid all this unnecessary worrying about missing deadlines and managing timelines! A simple piece of paper with this instructions in the response pack would be sufficient!
  • SLC80
    SLC80 Posts: 23 Forumite
    First Post Combo Breaker First Anniversary
    edited 20 November 2017 at 11:16PM
    Anyone who can show their evidence easily (letter + envelope) should send one of your complaint letters to the county court business centre for the attention of Amanda Beck to bulkcentre.helpdesk@hmcts.gsi.gov.uk and she will forward them on to the Customer Insight Team.

    Obviously the more they receive, the more of an impact it will have!

    Just to belt and braces it, the email should probably state that the contents are not part of the defence and should not be shared with CEL at this stage (unless you think it would be ok for this...you clearly know better than I do!!).

    Thanks again,

    RR


    :A This is brilliant! Thanks RR & LOC! written to Amanda, lets hope we get heard. Fingers crossed
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    On the subject of dates...I am trying to work out what the next steps should be in my case.

    I filed my defence on the 6th November, so does that give CEL 28 days to action the next stages which i believe will be a Directions Questionnaire?

    If so, I make that the 4th December(?)

    The courts should really make all this information much clearer to the defendants to avoid all this unnecessary worrying about missing deadlines and managing timelines! A simple piece of paper with this instructions in the response pack would be sufficient!
    The court will send your defence to the claimant and then they have (I think) 28 days (or it might be 30) to inform the court of their intention to proceed with the case.

    The court will then send out the DQ's
  • Eaglehawk
    Eaglehawk Posts: 25 Forumite
    Hi Rusty were you able to see that the had filed a N215 on the online portal or did you need to contact them for this information.
  • RustyRascal
    RustyRascal Posts: 62 Forumite
    No, if you call them up and give them your case number they will be able to tell you.

    They gave me misinformation on one of my calls and advised me that CEL had filed one when in fact they hadn't, so just make sure they confirm and re-confirm that CEL have or have not submitted their documents.

    Remember that the staff at the court are not legally trained, and as such as nothing more than admin staff. This sometimes requires you to spoon feed them
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    First Anniversary Combo Breaker
    You want to find out not just if they filed the N215 but what information they put on it. Did they put the REAL date of service, or the pretend one (11 October)? If not, it's a serious matter and this needs to be pushed - the form is signed with a statement of truth, so signing it with false information is potentially quite serious. If you have your envelope you have evidence that they are not telling the truth and care nothing about making a false statement of truth.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • RustyRascal
    RustyRascal Posts: 62 Forumite
    Loadsofchildren123 wrote: »
    You want to find out not just if they filed the N215 but what information they put on it. Did they put the REAL date of service, or the pretend one (11 October)? If not, it's a serious matter and this needs to be pushed - the form is signed with a statement of truth, so signing it with false information is potentially quite serious. If you have your envelope you have evidence that they are not telling the truth and care nothing about making a false statement of truth.

    LOC, is not filing one as serious as filing one that has been signed with a false statement on it? Are they potentially doing themselves a service by NOT filing one?
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    If one is not filed, the court have no copy of the particulars or confirmation that you were ever served. That is the primary purpose of it.
This discussion has been closed.
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