**DISCONTINUED** County Court Business Centre Letter Received

[OliverJames]

Re: County Court Business Centre Letter Received

Have you sent a CPR 31 request?

That is going recorded delivery this morning as i wasn't able to send it over the weekend. It is the letter i posted up for you earlier.

This doesn't need to be in until the coming weekend, so if it were me I'd wait until the end of the week.

Shall i hold off on posting my defence in that case? Is that what you are saying? If i request the disclosure today/tomorrow (when it arrives), give them until the end of the week to respond, and if I've heard nothing then post the above statement?

Thank you so much for supporting on this, I appreciate it so much!

OliverJB

[charitynjw]

Re: County Court Business Centre Letter Received

Yep

Post it (CPR 31) asap.
Request disclosure by return....add "Due to separate Particulars being served, disclosure is urgently required"

Wait until the end of this week for filing defence.
If no disclosure received by then, add the fact to the defence.

[OliverJames]

Re: County Court Business Centre Letter Received

Perfect, thank you!

I also read that under court management powers (Part 3.9 https://www.justice.gov.uk/courts/pr...les/part03#3.9) I can apply for relief from sanctions because the claiment hasn't kept within the guidelines set out! In this case, they sent their PoC on the 23rd or 24th October, but they back dated the document to the 11th to make it look like they gave a lot more time than they actually did!

Having done some reading up on this, it appears this is a common CEL approach and it doesn't give the defendant enough time to file a proper defence anyway!

How would i go about applying for relief from sanctions?

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

Under

The vague Particulars of Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.

You could say

'The Defendant is seriously prejudiced due to delay by the Claimant not serving their Particulars of Claim in a timely fashion.
In addition, the Claimant has not responded to an offer, by the Defendant, of a 28 day extension as allowed by Civil Procedure Rules
The Defendant has therefore had insufficient time or disclosure information to assess the legal position in regards to this claim, and has been forced to file a defence without being given due time to properly respond to it.

Should the court not strike out the claim per para (number) above, the Defendant requests that an amended defence can be submitted if necessary & at that the Claimant should bear any associated costs of the amendment.'

Something like that.

You could make a formal application to the court to strike the claim or possibly a summary judgement, but this will cost £250ish & there's no guarantee that you would be able to recoup it.

[OliverJames]

Re: County Court Business Centre Letter Received

Sorry to be a massive pain, but as I'm sure you can tell already...I'm pretty useless at this so any help is massively welcomed

I want to add to my defence that I wrote to CEL regarding the address issue, but they chose to ignore that to cause unnecessary delay,, but the words just sound like they have been written by a 8yr old, and not legalease...can you give me a suggestion on how to make it sound more official?

On 06^th October 2017 the Defendant wrote to the Claimant advising that the address they were using to send correspondence was incorrect and likely to cause unnecessary delay to the Defendant receiving documents and filing their defence.

I am sure you can get the jist of what i want to say from this...but in short...thats my parents house and although they open all my post now (since this all started!!) i can't rely on them to get to is on time and when they go away no one is picking up the post at all!

They were away when the PoC arrived, and it was only because my Sister popped in by chance that she found the letter and sent me pics of the contents!

Obviously i understand they would MUCH rather the post went to the wrong address and they could cause an ongoing delay....but having been told over 2 weeks ago to not do it, they haven't listened!

Thanks,

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

Tbh, it's better to use your own words rather than 'the party of the first part' kind of legalese.

I'd just add that the Claimant has ignored the information & has incorrectly served the claim form to a wrong address.

Btw, did you get proof of posting/sending for your 6th Oct communication?

[OliverJames]

Re: County Court Business Centre Letter Received

Btw, did you get proof of posting/sending for your 6th Oct communication?

Unfortunately i didn't!! Stupidly just shot it off with the last post from the office to make sure it made it out of the door!!!! Only date stamps that I have are the post on here and the letter itself which i have my own copy of. Obviously I know that doesn't account for anything legally.

I have sent another letter to them today with the correct address so hopefully they take note of the correct address this time...

[charitynjw]

Re: County Court Business Centre Letter Received

No worries, put it in anyway.

Are you on the electoral roll at your current address?
If so they will be expected to exercise due dil before issuing a claim.

[OliverJames]

Re: County Court Business Centre Letter Received

I haven't been on the electoral roll at my parents address for nearly 10yrs!!!! It just happened to be where my car was registered because i was living there when I purchased it and lived in rented properties for years so it was more convenient for tax/mot reminders to have it all come to one place.

If they had done their due diligence they would definitely see i'm registered in my current address

[charitynjw]

Re: County Court Business Centre Letter Received

@OliverJB

My apologies....when the claim issued via MCOL, the cert of service should be 14 days from receipt of PoC, not 7 as previously posted. (7 days is applicable elsewhere.)
I've edited my posts.....could you please edit any of your posts accordingly, please.
https://www.justice.gov.uk/courts/pr...pd_part07e#6.1

Particulars of claim and certificate of service

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –
(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(2) file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.

[OliverJames]

Re: County Court Business Centre Letter Received

[MENTION=5553]charitynjw[/MENTION] Done - I only found 2 references to it. If you find any more please let me know!

[charitynjw]

Re: County Court Business Centre Letter Received

*Phew!*
Thanks, [MENTION=61850]OliverJB[/MENTION]

I'm also trying to ascertain whether a copy of the contract (site signage?) should be included if the PoC is served separately.
CPR PD 16 7.3 seems to indicate that it should.

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:
(1) state whether or not the injunction or declaration relates to residential premises, and
(2) identify the land (by reference to a plan where necessary).
7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.
7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

https://www.justice.gov.uk/courts/pr.../pd_part16#8.1

[OliverJames]

Re: County Court Business Centre Letter Received

That could be very helpful if it turns out that's the case!! I went to the site of the alleged offence this weekend and it is now a block of flats

[charitynjw]

Re: County Court Business Centre Letter Received

Put that in your defence & say that the Claimant's unreasonable delay in issuing proceedings has therefore prejudiced your ability to defend the claim. (Evidence such as relevant site sign no longer available).

[OliverJames]

Re: County Court Business Centre Letter Received

Put that in your defence & say that the Claimant's unreasonable delay in issuing proceedings has therefore prejudiced your ability to defend the claim. (Evidence such as relevant site sign no longer available).

Will need rewording, I'm sure, but something like this?

The site where the alleged offence took place has since been turned into a block of flats, and as such, the Claimant's unreasonable delay in issuing proceedings has prejudiced the Defendant’s ability to defend the claim due to there being no signage available to reference.

You can see from the image that i have just taken from Google earth that this site has been a building site since before October 2015, which is only a couple of months after they alleged the car registered to me was parked there! (the entrance to the car park they are referring to is in front of the arrow on the floor...where the crane is)

Maybe the land had been sold to the new owner (Kirkby homes) before this point and the contract hadnt changed hands? How would i go about finding that out?

Thank you...

OJB