Civil Enforcement Ltd & DCBL

[ecalid]

Good afternoon des8

I've logged into money claim online today and saw this:

"A bar has been put in place on this claim. You cannot respond to the claim at this time."

I sent the defence last night around 10pm and the paper version has gone to the claimant today. Is this usual?

[des8]

It is standard practice for a bar to be put in place when a defence has been filed to prevent the claimant obtaining a default
judgment

[ecalid]

It is standard practice for a bar to be put in place when a defence has been filed to prevent the claimant obtaining a default
judgment

Good morning Des8,

I submitted the defence on Thursday, they still haven't updated the recent transactions field in the moneyclaim.

In your experience, how long should it take for them to update the claim with the received defence?


Many thanks.

[ecalid]

Your defence was received on 19/06/2024

There we go, I can rest now.

[ecalid]

Hi all, just a quick update to keep you in the loop.

DQ's have been issued on the 15th so I'm just waiting for these to arrive in the post.

[ecalid]

Hi all, just a quick update to keep you in the loop.

DQ's have been issued on the 15th so I'm just waiting for these to arrive in the post.

DQ's sent today, recorded delivery to both the court and the claimant.

Opted for mediation, but will obviously only accept nothing less than full discontinuance.

[ecalid]

Good morning

Just a quick update.

Mediation appointment pencilled in.

[ecalid]

Good morning all,

Just a quick update.

Had mediation today, Claimant offered a reduced settlement of £200, I counter offered with £1. Not accepted.

Mediator seemed to be very much on board with the Claimant, almost pushing for me to settle for their offer. No thanks.

[des8]

Thanks for the update.
Mediator should not be siding with either party, but probably thinking that if he/she can persuade you to agree terms it reflects well on his/her abilities.

[Lia_G]

Good afternoon,

I have today been reading a judgement which I downloaded from Scribd.

Civil Enforcement Ltd v Ming Tak Chan [2023]

The gist of the judgement is that the claimant did not comply with CPR 16.4 and Practice Direction 17 para.7.5 by way of failing to include by how the alleged breach had occurred by the respondent. The appellants had applied to strike out the claim on the grounds that there was no reasonable chance of success. Also this was an appeal judgement to be set aside as the respondent did not reply to the claim form, however it was still struck out on the basis that the previous judge had erred in not identifying the CPR failures.

The POC for the respondent in this claim were:



To give context to this, please see below:







The claimant attempted to argue that the requisite details were sent by way of the letter before action, however the Judge did not agree this could be substituted for the POC.

I have the full judgement should you need it.

I'm thinking that I could include this into my defence and then I'd probably wait to see if they respond, if they don't acknowledge it or claim gets stayed I might as well throw in the application to strike it out as the Judge might be less inclined to offer them the opportunity to change the POC to lift the stay.



Let me know your thoughts.

Thanks!

Dear Ecalid, Hello could you please share the transcript Civil Enforcement Ltd v Ming Tak Chan [2023?

[ecalid]

Dear Ecalid, Hello could you please share the transcript Civil Enforcement Ltd v Ming Tak Chan [2023?

Hello. Please see here: https://file.io/86P4nOgQZdty

[ecalid]

Good morning all,

des8

Just a quick update.

Received the N157 today; hearing allocated for some time in Feburary. Claimant must pay fee. etc etc.

They've got till January to pay the fee, I suspect they will just pay it straight away.

Will need to have my WS ready to deliver 28 days before so will make a start on this soon.

[ecalid]

Received the customary without prejudice letter offering to accept a heavily reduced fee of £100.

Letter went straight into the bin.

[des8]

I wouldn't be surprised if they discontinue, or just don't pay the fee.
They haven't responded to your defence have they?

[ecalid]

I wouldn't be surprised if they discontinue, or just don't pay the fee.
They haven't responded to your defence have they?

Not yet, normally I would expect a letter indicating that my defence has no reasonable prospect of success etc.

But this has usually come from the solicitor acting on behalf; this is the first time I've dealt with a company which has its own 'legal team'.

Also, I think if they had taken the time to look at my defence, it might be thwarted by simply applying to change the POC but they don't seem to have done this. If this happens then I'll sit up in my seat but I think your absolutely right that they will likely discontinue or not pay.