Debt Enforcement Limited Claim at County Court Business Centre

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Quick update, keeping everything on this thread. Mediation rejected. Waiting for court date.

[VampireG]

Re: Debt Enforcement Limited Claim at County Court Business Centre

What did you propose and why did they reject it? Did they say?

Did you even have the Mediation call?

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Hi [MENTION=69495]VampireG[/MENTION]

On the telephone call to set up the mediation date, they asked me a few questions that I had to say yes to. When they asked if I was willing to go some way to contribute to the claimants amount, I said no. They then went on to ask what I was offering / compromise and I said "in return for them dropping the entire claim, I would not pursue them for contempt of court".

After a while on hold, they came back to me and said that it wasn't a case for mediation, and have put this forward for a court date.

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

I've had a letter from the court requesting that I complete a Directions Questionnaire. Have I missed something? Why is this relevant?

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

I've had a letter from the court requesting that I complete a Directions Questionnaire. Have I missed something? Why is this relevant?

Have you not received and filled this in already ?

It is to make sure you are on the correct track i.e. small claims and and the correct court i.e. nearest you.

Do it if you haven't and send the court and the claimant a copy.

M1

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

I've spoken with the court this morning. I think this is an error on their part. Why would they contact to arrange mediation, when they haven't received the form saying we're happy for the mediation in the first place.

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Good point.

M1

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

In the County Court at xxx




~~ To be put before procedural judge ~~




In the matter of




Claimant v XYZ




Claim Number XXX




Dear Sir or Madam,




In the above named case there has potentially been a contempt of court under CPR 87.17 & 87.18 namely that Mr M Schwartz and Ashley Cohen have signed statements of truth of which they cannot have had an honest belief in.




The claimant in the action was Civil Enforcement Limited. (“CEL”) (see attached claim forms). The claimant and their legal team should have been aware of an assignment (see attached assignment) from CEL to a sister company Debt Enforcement and Action Limited (“DEAL”). I also attach a pre action warning from DEAL in which it is clear that CEL no longer has the rights that the claim forms state. There could not have been an honest belief in the facts of the claim.




I would ask the court to refer the matter to the Attorney general for consideration of contempt of court using the power contained in CPR 87.17 4 (b)




“(b) the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.”




I am aware that several other cases, some which are on going, have very similar facts and that more than one such letter will be written.



Yours faithfully,




XYZ
Defendant




Send this to he last court to have had control of the claim and see how it goes.


M1

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Thank you M1. I'll make the adjustment to the last part considering I haven't yet heard if they have discontinued my claim.

A star as always!

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Thank you M1. I'll make the adjustment to the last part considering I haven't yet heard if they have discontinued my claim.

A star as always!

Just testing :whistle:

M1

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

M1... Will the court write back to me confirming whether or not contempt of court is going through? Can I push them to confirm their reasons at all?

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

M1... Will the court write back to me confirming whether or not contempt of court is going through? Can I push them to confirm their reasons at all?

You could make a formal application and pay £155, but i wouldn't advise it.

Surprised the court hasn't replied even if it's just a piss off letter.

M1

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

Shall I send a follow up letter requesting a response?

[mystery1]

Re: Debt Enforcement Limited Claim at County Court Business Centre

I'd phone for an update.

M1

[MrRK]

Re: Debt Enforcement Limited Claim at County Court Business Centre

I'll put it on my todo list for tomorrow and update this thread.