Civil Enforcement County Court claim

[Quark]

Dear LegalBeagles

On 09.02.16 I received a Court Court claim by Civil Enforcement Ltd similar to your other posts.

I have no record of their demands prior to their Letter of Action to which I responded by letter pointing out that their Letter of Action did not comply with the Ministry of Justice Pre-action Conduct and Protocols and asking for them to provide specific information in regard to their claim. I did not receive a reply.

If my recollection serves the vehicle was parked in the car park for no more than 20 minutes well over a year ago. I cannot check the signage as the car park no longer exists. It would be helpful to see the ANPR photos so we can establish who was driving.

Being self employed the temptation to pay up and be done is strong, however having come this far...

I have read the most recent threads about these cases and understand that I must file an acknowledgement of service within 14 days from 10.02.16.

The form N9SDT asks my intention via one of 3 tick boxes:
1. defend all of this claim
2. defend part of this claim
3. contest jurisdiction

Without detail and evidence of their claim I am unsure which of these three to choose or even if I will be able form a defence. I assume the inadequacy of their Letter of Action would not form a defence in itself.

Will I be able to settle for the amount claimed on this form if I choose to defend this claim and then cannot form an adequate defence?

Regards - Q

[mystery1]

Re: Civil Enforcement County Court claim

Is this a case where the particulars of claim are to follow within 14 days ?

Will I be able to settle for the amount claimed on this form if I choose to defend this claim and then cannot form an adequate defence?

Anytime before court date.

M1

[Quark]

Re: Civil Enforcement County Court claim

Hi Mystery1

The notes say:
If you disagree with the claim or wish to make a counterclaim...
You must send either the completed acknowledgement of service form or a defence form to the court within 14 days of date of service. If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service.

To complicate the issue, I will not be in a position to deal with this between 26.02.16 and 10.03.16

[mystery1]

Re: Civil Enforcement County Court claim

Can you sanitise the claim form and post it up ?

M1

[Quark]

Re: Civil Enforcement County Court claim

Apologies M1...

In the Particulars of the Claim it states:
I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form

[mystery1]

Re: Civil Enforcement County Court claim

Just hang fire until they turn up or 14 days have gone so just before you disappear.

M1

[Quark]

Re: Civil Enforcement County Court claim

Thanks M1. In the meantime I shall write to Civil Enforcement requesting ANPR photo evidence, parking stay details and car parking terms and conditions.

[Quark]

Re: Civil Enforcement County Court claim

I am unsure which of the following to choose on the acknowledgement of service

1. defend all of this claim
2. defend part of this claim

[Kati]

Re: Civil Enforcement County Court claim

choose "defend all" xx

- - - Updated - - -

you don't have to put in a defence yet ... just make a note of your log-in details for later

[mystery1]

Re: Civil Enforcement County Court claim

choose "defend all" xx

- - - Updated - - -

you don't have to put in a defence yet ... just make a note of your log-in details for later

Only if the particulars of claim arrive, otherwise wait.

M1

[mystery1]

Re: Civil Enforcement County Court 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


[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

[Quark]

Re: Civil Enforcement County Court claim

This information seems very out of date. The SRA said that the condition was applied between 2008 - 2009 and that it has now been removed. They confirmed that he is allowed to lodge claim forms with the courts.

[mystery1]

Re: Civil Enforcement County Court claim

Click the link and get back to them.

Outcome: Condition


Outcome date: 14 August 2015


Published date: 21 September 2015

Reasons/basis


On 24 November 2014 the SRA raised the following allegations against Mr Schwartz:


Whilst he was employed as a consultant by "The Sethi Partnership Solicitors" from 20 December 2012 to 1 July 2013 he failed to pay client money received on account of costs into the firm's client account in breach of Rule 14.1 of the SRA Accounts Rules 2011 and in breach of SRA Principles 2, 4, 5, 6 and 10.
On 24 July 2013 Mr Schwartz was arrested and subsequently charged with an offence of causing the transmission of an image/sound from prison contrary to Section 40 of the Prison Act 1952. Although he was subsequently acquitted, he failed to notify the SRA of his arrest and charge at the time in breach of Outcome 10.3 and SRA Principle 7. In view of the above and other suspected misconduct, including trading as an authorised sole practitioner in or around 2012, the above conditions have been imposed on Mr Schwartz's current practising certificate.




Someone at the SRA is mightily confused !

M1

[Quark]

Re: Civil Enforcement County Court claim

The SRA have said that the information on their website is out of date/incorrect, they apologise and will update the information as there are no restrictions on Mr Schwartz's certificate.

[mystery1]

Re: Civil Enforcement County Court claim

Whilst it's not entirely impossible for it to be out of date the person who told you is clearly wrong because every single date in the decision, including the dates of offences, is after the date the idiot claims (2008-2009). That's not out of date that would make the whole article wrong and open them up to a claim against them for ruining someones reputation !

I have written myself to see what they say.

M1