Claim form Northampton court (civil enforcement ltd)

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

[QUOTE=mystery1;666342]Contact CEL and ask where they are, as well as asking if they'll be applying for relief from sanctions for their error. Follow up by letter/email " As per my call ......................"]

Hi M1

I actually just got home to find the particulars in the post dated 26th July. The date on the claim form is 11th July. I'm sure i'm right when i say the 14 day period within which to send me the particulars ended on the 25th or does it not matter?

Either way, how do i proceed?

Thank you

Sammy79

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

Post them up.

Deemed service for the claim is 5 days and deemed service for the particulars was yesterday (if posted Fri/Sat) which is right on the limit. The fact they arrived today isn't worth arguing about.

M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

Post them up.

Deemed service for the claim is 5 days and deemed service for the particulars was yesterday (if posted Fri/Sat) which is right on the limit. The fact they arrived today isn't worth arguing about.

M1

Hi M1

Please see attached documents.

Thanks

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

Is there not 2 pages and a schedule ?

M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

Sorry this was the back of the 2nd page...but that's all.

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

File acknowledgement of service and i'll get back to you later.

M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

File acknowledgement of service and i'll get back to you later.

M1

Hi M1

Thank you for your reply.

Can I clarify a few points:

I am defending all of the claim as opposed to part of it?

Do i intend to contest the jurisdiction of the claim made against me?

I am guessing the answer is yes for both questions but haven't done this before so am checking before i submit.

Thanks

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

I am defending all of the claim as opposed to part of it?

Yes.

Do i intend to contest the jurisdiction of the claim made against me?

If you live in England or Wales, no as the English and Welsh courts do have jurisdiction to hear the case. The case will be allocated to your local court at the allocation stage after you fill in the directions questionnaire which the court will send later.

M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

ok thanks

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

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




Absolutely do this. We know the result but if the court wants to see proof it's better to have your own.


M1

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

Dear Mr Schwartz,


I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement limited.


I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.


CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.








In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.


Yours etc


M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

Dear Mr Schwartz,


I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement limited.


I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.


CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.








In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.


Yours etc


M1

Hi M1

I have sent an email to the SRA as advised.

With regards to the above email addressed to Mr Schwartz, my understanding of legal terms/jargon is limited. Hence, for my own clarification, I am contacting Mr Schwartz at the CEL address? asking for 28 days extra to provide a defence to the court because the particulars of claim do not "contain a concise statement of the nature of the claim" and "a concise statement of the facts on which the claimant relies" and "Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done."

I thought the above information was included on the particulars of claim. Is the issue the fact that the information hasn't been set out in the form of a formal statement? and just implied?

Thank you

Sammy79

[mystery1]

Re: Claim form Northampton court (civil enforcement ltd)

The particulars of claim are wish washy (every claim is exactly the same except the scheule which i'm not convinced is a good way to do it anyway). Driver ? Registered keeper ? Which term ? etc etc

Other than that, yes he apparently works inhouse for CEL. I'd phone them and see if they'll supply an email address to keep costs down.

M1

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

ok thanks

Sammy79

[sammy79]

Re: Claim form Northampton court (civil enforcement ltd)

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




Absolutely do this. We know the result but if the court wants to see proof it's better to have your own.


M1

Hi M1

I have received the following reply from the SRA:

Thank you for your email of 4 August 2016.
Mr Michael David Schwartz (SRA number 118966) was admitted to the roll of solicitors of England and Wales on 15 March 1979 and holds a current practising certificate free from conditions.


There are Findings and Orders that have been made by the Solicitors Disciplinary Tribunal (SDT) against Mr Michael David Schwartz. Please contact the Solicitors Disciplinary for more details on 0207 329 4808.


If a matter is due to be heard before the SDT, details may be found on our website here. We are unable to discuss this with you.

If you have any further queries, please Contact us.


The decison details however do however include a list of conditions.
I'm sure you are familiar with the these.

I understand that according to one of the decision details,
"Mr Schwartz shall not hold, receive or have access to client money, or act as a signatory to any client or office account, or have the power to authorise payments in or out of any client or office account or any transfers from any client or office account."

So he is the client (i.e. claimant) and also acting as part of the legal team which he cannot do according to the above condition?

Sammy79