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Civil Enforcement CCJ

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  • Civil Enforcement CCJ

    Hi, I appreciate you guys hear a lot of these issues, I've read as many threads as I can find on this but none seem to answer my issue.

    A driver of my car went to a car park in Coulsdon in June 2012 and tried to pay by phone but the line wouldn't connect. They tried to call 6 times and when it wouldn't work they left a note on my screen. Many others were doing the same thing. A couple of weeks later I received a parking charge from CEL.

    That was the last I heard of it until the new owner of my old property sent the CCJ on to me having opened it and realised it wasn't junk. By the time I received the cci I only had two days to respond so I quickly filled out the extension of time section and sent it off. I now how to fill out my defence and I just don't know what to say legally and can't afford legal advice.

    I can't remember which car it was they were driving at the time but I definitely don't have the same one now, but I did notify the DVLA of my change of address within two weeks of moving and have been at this property since I moved, I also adjusted the voters register to reflect my new address. Until 6 months ago had a mail forwarder to my new address via royal mail and I hadn't ever received anything from them.

    Mr Michael Shwartz has signed the ccj and it states I owe them £236.96 including interest and that he will send me claim particulars within 14 days which have still not arrived. I've tried to call them but can't get anything other than a payment line.

    I would be very greatful of any advice on what to say in my defence so that I don't fill it out incorrectly. My biggest fear at this stage is getting a ccj but I don't want to be bullied into paying something that I don't believe is fair.

    I hope someone can help and thanks in advance for any replies.
    Last edited by mystery1; 9th March 2016, 14:34:PM.
    Tags: None

  • #2
    Re: Civil Enforcement CCJ

    Can you post up sanitised copies of anything you have ?

    M1

    Comment


    • #3
      Re: Civil Enforcement CCJ

      Hi Mystery1,

      Thanks so much for your reply. It has literally taken me hours to work out how to do this attachment. Couldn't work out how to redact so ended up just cropping the part of the ccj that has the information.

      Due to this issue being 4 years ago and me having moved home since, I don't have the original letter they sent me or my reply. This ccj is all I have.

      I hope that's ok.

      many thanks again.
      Attached Files

      Comment


      • #4
        Re: Civil Enforcement CCJ

        Wait for the particulars. [MENTION=49370]Kati[/MENTION] can you copy the email to SEA please ?

        M1

        Comment


        • #5
          Re: Civil Enforcement CCJ

          This one?
          Originally posted by mystery1 View Post
          Get your own confirmation from SRA that Schwartz has no standing to sign the claim.


          I suggest you contact the SRA.

          contactcentre@sra.org.uk

          Dear Sir/Madam,

          I write to you to enquire about Mr Michael David Schwartz #118966 who was/is subject to control of practice as per http://www.sra.org.uk/consumers/soli...ticle?decision

          It is my understanding that "Mr Schwartz shall act as a solicitor only in employment, the arrangements for which have been approved by the SRA."

          As he is lodging claim forms with the courts, i would like to enquire if any arrangements are in place to allow him to do so ?

          Yours Sincerely


          This has no effect on the court timescales and we must keep to those.

          M1
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Civil Enforcement CCJ

            Hi, I will send that letter. I'm going to chase particulars of claim as I still haven't received them. I will post them as soon as I do.

            many thanks

            Comment


            • #7
              Re: Civil Enforcement CCJ

              Hi,

              I received the particulars today. Not because they had been sent to me, but the person who purchased my flat passed them on to me (even though I have written to the court and CEL to note my change of address, which is as it should be on the electoral roll and DVLA database). I have attached all pages received.

              I also sent the email re M Schwartz as suggested but am yet to hear anything back.

              Any help would be greatly appreciated. If I can give you any further information about this please let me know.

              Many thanks in advance
              Attached Files

              Comment


              • #8
                Re: Civil Enforcement CCJ

                Also, I've checked the date that I sent the acknowlegment of service and that was the 3.3.16. Can anyone tell me if that makes the date I have to give my defence by the 17.3.16?

                Many thanks again!

                Comment


                • #9
                  Re: Civil Enforcement CCJ

                  Originally posted by henrie14 View Post
                  Also, I've checked the date that I sent the acknowlegment of service and that was the 3.3.16. Can anyone tell me if that makes the date I have to give my defence by the 17.3.16?

                  Many thanks again!
                  You get 14 days from the service of the particulars and 14 more for filing acknowledgement of service. Given the paperwork all says 25/2/16 i'd say service is deemed 29/2/16. Sees to be something naughty going on if you just got them.

                  winterbushdefence.odt

                  That's pretty much your defence too with a slight alteration as keeper liability could not apply at that time but i'd wait for a bit to get your own email from the SRA.

                  M1

                  Comment

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