PLEASE ACCEPT THIS LETTER ONLY AS A LETTER OF COMPLAINT. IT DOES NOT FORM PART OF MY DEFENCE AND SHOULD NOT BE TREATED AS SUCH
Dear Amanda,
Could I please have a confirmation copy of Receipt please for my records
Regarding Claim Form xxxxx, I am writing to the court to complain that Civil Enforcement Limited (CEL), the Claimant in the above case, has deliberately backdated the Particulars Of Claim which were served separate to the claim form pursuant to CPR Rule 7.4 (1)(b).
The Claim form was issued on 10th October 2017, stating that the detailed Particulars of Claim would be provided to me within 14 days after service of the claim form. The Claim Form was served 11th October 2017(7 days later, as set out in paragraph 5.7 of Practice Direction 7E which relates solely to MCOL claims). This means that the Particulars of Claim should have been served on or by 24thOctober 2017. This would mean that they should have been posted by Friday 20 October. The time limits for service are clearly set out in Rules 6.3(b) and 6.20(b), and the requirement to serve separate Particulars within 14 days is contained in Rule 7.4(1)(b).
particulars of Claim would be provided to me within 14 days after service of the claim form. The Claim Form was served 11th October 2017(7 days later, as set out in paragraph 5.7 of Practice Direction 7E which relates solely to MCOL claims). This means that the Particulars of Claim should have been served on or by 24thOctober 2017. This would mean that they should have been posted by Friday 20 October. The time limits for service are clearly set out in Rules 6.3(b) and 6.20(b), and the requirement to serve separate Particulars within 14 days is contained in Rule 7.4(1)(b).
The further Particulars of Claim and covering letter were delivered by Royal Mail on Tuesday 31st October, as the post mark shows , but in the envelope was a letter dated, 11th October 2017. There is a witness statement to corroborate these dates on which the further Particulars arrived.
The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars by backdating them by days, together with the covering letter. I would direct you to the fact that the claimant has also failed to include a signed N215 Certificate of Service which would be supported by a Statement of Truth, in a clear attempt to avoid the consequences, via CPR 32.14, of filing false evidence.
I cannot fathom any reason for the Claimant having backdated its further Particulars of Claim, other than to try to gain an advantage by making it appear that I have filed my defence late, or by confusing me into having to rush to file my defence prematurely. This is a serious matter and I ask that this is formally noted on the claimants file.
My understanding of the rules is that the Claimant may not file the Particulars late, and the sanctions in Rule 3.8 apply unless it applies for relief under Rule 3.9 (which it has not done). Consequently, the court should not allow the further Particulars of Claim unless and until the Claimant makes that application, or the court gives directions. Whilst the Particulars were received only one day out of time, under Rule 3.8 it is not in my gift to consent to accepting late service.
Setting aside the issue over Rule 3.8/9, I calculate that my Defence was due to be filed on 8th November (14 days from service of the Particulars on 24th October, as per Rule 15.4(1)(a)), and I have filed it.
This is a commercial Claimant pursuing many other claims of this nature. It must therefore have knowledge of, and understand, the Civil Procedure Rules and these sorts of blatant breaches should not be allowed because they prejudice Litigants in Person who are not versed in court procedures and the court rules. It is with some difficulty that I have understood the various obligations and time limits set out in the Civil Procedure Rules, as a Litigant in Person, whereas the commercial Claimant has no such excuse.
I am writing to you because I understand that the issue with CEL backdating their Particulars of Claim, and failing to file the Certificate of Service, has become extremely common. It appears that they have issued batch claims on or around 11th October with which they cannot cope. Their template Particulars of Claim, identical in each case, are an abuse of process, and all of them appear to be dated 11 October when they are in fact being posted much later (and in many cases out of time). I wonder what the court is going to do about CEL's abuse of the system? All court users, both professional and lay, are expected to abide by the Civil Procedure this is why they exist, to put all parties on an equal footing. CEL are ignoring the rules which is prejudicing what appears to be a large number of lay defendants
Yours Faithfully
Hi everyone can you please check to see if ive got all my dates right ,,, mental block
Thanks Pipsy
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