Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

[johnyb121]

Received a claim? Yes
Issue Date: 5-2-2016
Amount approx: £230.08
Claimant: Civil Enforcement Limited
Claimant's legal representation - Michael Schwartz
Original Credit:

Particulars of Claim:
Outstanding debt and damages
01/02/13 Ref 1722717377 £125


Total due 230.08

The claimant claims the sum of £155.08
outstanding debt and damages
including 30.08 interest pursuant to
S.69 of the County courts act 1984
Rate 8.00% pa from dates above to 04/02/16
Same rate to judgement or (sooner) payment
Daily rate to judgment- 0.03
Total debt and interest due- 155.08
I will provide the defendant with separate
detailed particulars within 14 days after service
of the claim form.

I have received LETTER BEFORE ACTION first and now the Claim Form


Other Info:
I have received the county claim forms

The driver received this fine at a carpark called "the car park" (hardly was a car park more like a dirt track) The car park is no longer there and was only there for a year it is now a Lidel

They have not told me what car this was for and have given no evidence either all i have received is letters asking for the money.

Shall I upload scans of the Letter before action and also the Claim form??

Thank you

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Wait for the particulars of claim.

https://www.justice.gov.uk/courts/pr...es/part15#15.4


The period for filing a defence
15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim;

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok thank you I will wait for the Particulars of claim.

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

https://www.justice.gov.uk/courts/pr...l/rules/part09



9.1
(1) This Part sets out how a defendant may respond to particulars of claim.
(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.
Defence, admission or acknowledgment of service
9.2 When particulars of claim are served on a defendant, the defendant may –
(a) file or serve an admission in accordance with Part 14;
(b) file a defence in accordance with Part 15,
(or do both, if he admits only part of the claim); or
(c) file an acknowledgment of service in accordance with Part 10.

M1

[emanresu]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Wait for the particulars of claim.

Have you acknowledged? No point in waiting if you have not acknowledged the claim.

AFAIR they do not use MoneyClaim so you may have to do a postal AoS.

Can you confirm if you did an AoS

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Have you acknowledged? No point in waiting if you have not acknowledged the claim.

AFAIR they do not use MoneyClaim so you may have to do a postal AoS.

Can you confirm if you did an AoS

Why is that then ?

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

No I have not acknowledged and claim so far, why should I acknowledge a claim?

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

No I have not acknowledged and claim so far, why should I acknowledge a claim?

You shouldn't. [MENTION=70704]emanresu[/MENTION] is misguided. I've quoted the appropriate CPR 9 above.

M1

[emanresu]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I'll stand misguided then.

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I'll stand misguided then.

You think

(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.

is wrong or unclear ?

Seems clear to me.

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok, thank you very much

[emanresu]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

You shouldn't. @emanresu is misguided. I've quoted the appropriate CPR 9 above.

As promised [MENTION=5354]mystery1[/MENTION]. I am mistaken and you should follow his advice.

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

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


[MENTION=70704]emanresu[/MENTION] of http://www.bmpa.eu/ tells me that they have already let the cat out of the bag that there are no arrangements however i advise that you get your own confirmation in case it comes in handy during this matter.

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


M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi There

Ok I will get that email sorted today and copy in above what you have said.

I have recieved the Particular of claim

Would you like me to scan and upload ?

thank you

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Yes. When did you get them and is there any evidence on a cover letter or envelope of when they were sent ? I assume they were signed on 5th Feb ?

You can file AOS now too.

M1