Received particulars of claim from Civil Enforcement limited

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

Originally Posted by charitynjw
Also, phone the court to see if they have filed a certificate of service (Form N215).
This should be filed by CEL within 7 days of service (receipt) of the separate PoC.



Hi charitynjw

Reading through the thread you showed me the link for Is the above the next step i should taking??

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Apologies....the cert of service....should be 14 days, not 7.
7 days is for something else (not relevant here.)
Must have been a 'senior' moment.

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

Lol - No apologies needed your help and advise is massively appreciated and has been very helpful - this is quite a daunting position for me as i have never had to deal with anything like this before.

Can you advise me how i should now proceed from here on?

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Send a CPR 31.14 request to CEL asap (see post #'s 27 & 28 on OliverJB's thread, plus the following comments re the defence).

Also, OliverJB's defence is coming along fine....use as an example, tweak to suit your particular case, treat it as a work in progress atm, & submit (file at court) closer to the deadline. (The CPR 31.14 mentions an extension to the deadline...if they do agree to it, you (Defendant) must notify the court.)

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

Thanks again for your help so far!!

I have copied the CPR 31.14 request and will be sending it via recorded delivery today!

I will also start to tweak the defence statement.

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

I sent the CPR 31.14 form yesterday afternoon via recorded delivery.

Im after some further help if possible - i am on with tweaking the defence letter you suggested, as the majority of the legal speak doesn't make sense to me could you glance over the copy i have attached and let me know if there are any parts i should take out as not relevant to my scenario.

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Attached....?

[Kati]

Re: Received particulars of claim from Civil Enforcement limited

got it lol xx

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

Sorry i couldnt get it to attach so i emailed it to Kati and asked if she would be able to add it on on for me

- - - Updated - - -

@Kati Thank you

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

What is the court claim issue date? (Top of court claim form.)

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw


It is dated 04 October 2017

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Ok, so a defence needs to be filed at court by latest Mon Nov 6th 4pm. (Unless an extension to the deadline is agreed).

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

Right ok, how quickly would you expect CEL to respond if at all to the CPR 31.14 request?

Regarding the defence letter, in your opinion should i take out or add much into it?

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

If I had to lay a bet I'd go for 'they won't reply'.
But if it were me I'd give them till the weekend, & then if no reply, put in the defence stating that.

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

g) Once these Particulars have been filed, the Defendant asks for reasonable time to file another defence

I woud add (taken from an LB template for something else)

"In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment."