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  • FIRST POST
    • Jeff123
    • By Jeff123 12th Sep 17, 1:52 PM
    • 33Posts
    • 20Thanks
    Jeff123
    CEL Ltd default CCJ! Pls help!
    • #1
    • 12th Sep 17, 1:52 PM
    CEL Ltd default CCJ! Pls help! 12th Sep 17 at 1:52 PM
    Hello everybody.
    I am yet another victim of CEL ltd. Have received a ccj without knowledge of any wrong doing!
    I received a letter from the bank to check my credit file as they removed my overdraft. I logged in and found out that i have a ccj!
    I called the court, they don't have much information except the name of the company and their telephone details. The courts didn't even know what the judgment was about etc. I googled the company and found out that it is a private parking firm, tried to call them but no luck, only a payment automated line was available. Left a message on other line, it went on voicemail, left a message but not received any communication from them!
    Luckily i came across this website and found out that i am not the only one to have experienced this.
    The story goes, the alleged incident happened on 28th March 2016, i moved house on 15th April 2016, i had royal mail mail redirection setup for 3 months after that, and in all this time i haven't received any PCN from CEL, so have been totally unaware of this whole shebang, the judgement date was 27th March 2017 for 350.!
    I read Saggi's post and took info from their application to set aside the judgement. The hearing is on 2nd Oct.
    I need to know if anyone can point me to right direction, what to expect from the hearing etc.
    I have worked really hard to buildup my credit history, i used to have an excellent score but now it has gone to poor. I am really cross with them and want to ensure they end up paying for their ruthlessness.
    Any help/guidance would be appreciated.
Page 4
    • logician
    • By logician 27th Oct 17, 8:05 PM
    • 194 Posts
    • 76 Thanks
    logician
    On other similar CEL threads they are serving the PoC, albeit late. Someone else has a thread running with a specimen letter to send to CEL's solicitors if this happens before the court has dealt with the issue.

    Originally posted by Loadsofchildren123
    No solicitors are cited typically on CEL claims..
    The infamous Mr Schwarz used to sign off the PoC until scuppered.

    Typically the cycle with CEL for those who fail to deal with this at first stage is that:

    CEL will issue their own "LBC" at 140 with draft claim particulars.

    The next cycle phase is to pass to ZZPS who will inflate the charge again.
    Then Wright Hassall will have a go.

    The matter then appears to have gone through the inflationary charge stages - passing back to CEL for the claim to be issued
    • Mummybear85
    • By Mummybear85 27th Oct 17, 8:19 PM
    • 2 Posts
    • 1 Thanks
    Mummybear85
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    • KeithP
    • By KeithP 27th Oct 17, 8:23 PM
    • 7,214 Posts
    • 6,717 Thanks
    KeithP
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    Originally posted by Mummybear85
    Go to the top of this page and click on 'FORUM HELP'.

    Watch the video.

    Were you not offered that video when you signed up?
    .
    • logician
    • By logician 27th Oct 17, 8:25 PM
    • 194 Posts
    • 76 Thanks
    logician
    Sorry to be a totally newcomer but how do I start a new thread on the subject?
    Originally posted by Mummybear85
    Top left hand side above the first sticky thread there is a button which says "New Thread" click on that
    • Mummybear85
    • By Mummybear85 27th Oct 17, 8:49 PM
    • 2 Posts
    • 1 Thanks
    Mummybear85
    Probably Keith yes. But I have 2 babies under 3 I don't even know my own name most days lol
    • Loadsofchildren123
    • By Loadsofchildren123 28th Oct 17, 8:01 PM
    • 2,058 Posts
    • 3,447 Thanks
    Loadsofchildren123
    If CEL don't engage solicitors, write the suggested letter direct to CEL

    Technically if CEL apply for relief from sanctions they may have to be a fee, but they will cite the same CPR as I do which allow the court to make orders without formal applications.

    If I was CEL I'd ignore it and hope the D doesn't realise and hope the court deems it a non issue. But it's more difficult if the D writes to the court to complain. However, at that stage the court may decide the breach is quite small and they should be allowed to continue. It's worth a letter though, not much effort required and Jonersh and I have drafted the letter for CEL defendants who find themselves in this position.
    • Jeff123
    • By Jeff123 28th Nov 17, 9:24 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.
    • Redx
    • By Redx 28th Nov 17, 9:37 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    I believe the above was explained in another thread this week by LOC123

    I suggest you read her recent posts , you will definitely learn a lot
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • logician
    • By logician 28th Nov 17, 10:01 PM
    • 194 Posts
    • 76 Thanks
    logician
    To refresh the thread - OP's ~post 20 on this thread

    Hi everyone.
    I have received the judgement order from court today.
    This is what it states:

    It is ordered that
    1) Judgement set aside forthwith
    2) By 4pm on 16th Oct 2017 claimant must file and serve amended Particulars of Claim setting out the facts supporting the claim.
    3) By 4pm 30th Oct 2017 Defendant must send to the Claimant and to the court any defence.
    4) The costs of the application today are reserved.
    Originally posted by Jeff123

    Hello everybody,
    Finally I received the letter from the court today. This is what it says, I am a little bit confused as to
    what it means for me and what should be my next move.
    Please adv, as always I really appreciate your time and wisdom.

    Before the district judge ....................

    Upon reading the court file and letter from the defendant
    And upon court noting that the claimant has failed to comply with paragraph 2 of the order of 2 October 2017

    IT IS ORDERED THAT

    1. Unless by 4pm on 8th December 2017, the claimant complies with paragraph 2 of the order of 2 October 2017, then as that date and time, the claim shall stand struck out.

    2. In the event clImant complies with paragraph 1 of this order, time for filing and serving a defence is extended to 4pm on 29th December 2017.

    3. The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do so within 7 days from the day on which this order is served upon you or such other period as may be directed above.

    Dated 13th November 2017.
    Originally posted by Jeff123
    So the court is being very lenient and extending the time for the Claimant to comply with the court order.

    @ Jeff - this means the Claimant has until the 8th December now to serve the particulars etc and you have until the 29th December to file the defence.
    • The Deep
    • By The Deep 29th Nov 17, 9:38 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    Why is the court being so accommodating to a company renowned for obtaining default CCjs by underhand means? Is it because the system is run by low grade Civil Servants who failed to get into the Job Centre?

    I have had two run ins with them in the past, in one I received effusive apologies, and in the other demanded and got compensation for their incompetence. They made my daughter come down from Nottingham as a witness in a Mags Court when they knew, or should have known, that the perp was in the Crown Court on the same day.
    Last edited by The Deep; 29-11-2017 at 10:40 AM.
    You never know how far you can go until you go too far.
    • Jeff123
    • By Jeff123 30th Nov 17, 2:16 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    I feel that the justice system/court is too lenient and forgiving to criminals like CEL.
    They have repeatedly ignored the judge!!!8217;s ruling and don!!!8217;t give a s*** about the courts etc but still get
    a lot of chances. The courts are encouraging such behaviour and these idiots get away with it again and again!
    • Jeff123
    • By Jeff123 30th Nov 17, 2:19 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    What happens if CEL yet again do not comply with this order?

    What will be my position? Should I write a letter of complaint to the judge/court?
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 2:30 PM
    • 2,491 Posts
    • 3,039 Thanks
    nosferatu1001
    If they dont comply, then as it clearly states at poiint 1, the claim is struck out

    At that point, you could apply to the court for the hearing to be turned into a Costs Hearing, for you to hear your claim for Unreasonable behaviour costs pursuant to CPR27.14(2)(g). You MUST read up on what is ocnsidered "unreasonable", best bet is the Denton case.

    A letter of complaint to the court will likely do absolutley nothing.
    • Loadsofchildren123
    • By Loadsofchildren123 30th Nov 17, 3:20 PM
    • 2,058 Posts
    • 3,447 Thanks
    Loadsofchildren123
    Phone up the day after it's due and ask if it's been filed. If not, ask for them to send the file to the judge for the automatic strike out to be actioned.
    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.
    • Jeff123
    • By Jeff123 30th Nov 17, 3:44 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    Thank you.
    8th Dec is not far away. Will wait and see what happens.
    Will let you know what happens.
    • Jeff123
    • By Jeff123 11th Dec 17, 3:31 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    Hi all,
    Called the court today. No surprise, CEL have not sent PoC to the court and the deadline was on Friday 8th December.
    Spoken to the clerk and he said I have to wait for them to write to me.
    Adv him that I would like to apply for my costs etc. He has given me an email Adress and asked me
    to write an email for the judge to request cost hearing etc.
    • Jeff123
    • By Jeff123 11th Dec 17, 3:32 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    Am I just writing a standard email for request for cost hearing or I need to put in some references to other cases etc
    • Coupon-mad
    • By Coupon-mad 11th Dec 17, 9:20 PM
    • 57,473 Posts
    • 71,073 Thanks
    Coupon-mad
    Show us what you have drafted and we'll help. We can't easily assist from scratch.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Jeff123
    • By Jeff123 11th Dec 17, 10:51 PM
    • 33 Posts
    • 20 Thanks
    Jeff123
    Thank you. I will make a draft and post it ASAP.
    • Loadsofchildren123
    • By Loadsofchildren123 12th Dec 17, 10:02 AM
    • 2,058 Posts
    • 3,447 Thanks
    Loadsofchildren123
    do it asap before CEL wake up


    Dear Sir


    On x date I was granted a set aside of a prior default judgment and the Claimant was ordered to file further Particulars of Claim by x date. A copy of the order is attached.


    The Claimant failed to comply with that time limit and on x date the court issued a further order that it file and serve the further Particulars by 8 December. A copy of the order is attached.


    The Claimant has again failed to comply with the order and pursuant to paragraph x of the last order the claim should now be struck out. I ask for that order now to be made. I would like to seek costs under rule 27.14(2)(g) in respect of the Claimant's unreasonable behaviour, both in relation to the set aside application (to which it could have consented) and in relation to continuing claim. I attach a schedule setting out the time I have spent on the matter and the direct costs I have incurred.


    Yours faithfully
    etc.


    There is a link to a precedent costs schedule in the newbies thread I think, and also on a recent thread by Sassii (who got 1,500 in costs).
    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.
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