The Dreaded Civil Enforcement Ltd

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

I've taken a further look at this and have amended but would it be possible for you to upload a copy of the POC with your info redacted?

Sorry to sound dim .... what is the POC?

[R0b]

Re: The Dreaded Civil Enforcement Ltd

The Particulars of Claim

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Is this what you mean? Only other thing I have is a witness statement

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

The Particulars of Claim

I dont have anything from them. All I know is that they made a claim, but for what I dont know. Attempts to get information from them have been futile. No replies to phone, email or letter. Thats why i end up defending something that I dont even know what it is

[R0b]

Re: The Dreaded Civil Enforcement Ltd

No that is not it. It is the claim form which sets out the reasons for the claim.

Have you tried contacting the court for further information from the judge about this counter?

Also have you tried to get a copy of the claim form from the court and see if they have it on file?

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

No that is not it. It is the claim form which sets out the reasons for the claim.

Have you tried contacting the court for further information from the judge about this counter?

Also have you tried to get a copy of the claim form from the court and see if they have it on file?

I asked about the claim, and they said that the claim was for debt and damages, and thats all it said apparently ... but no I havent actually asked for a copy of the claim form and on past performance it can take a couple of weeks to get a response. I will call tomorrow though to ask f it is possible and let you know

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

No that is not it. It is the claim form which sets out the reasons for the claim.

Have you tried contacting the court for further information from the judge about this counter?

Also have you tried to get a copy of the claim form from the court and see if they have it on file?

Thanks R0b, I have spoken to the court and they say that I can request a copy of the Particulars of Claim (there will be a fee of course), but I have to write / email in and it will take around 21 days for them to attend to it. As I have only 21 days from 7 October to put in my defence, it's not going to help. Previously the court has told me verbally that the only description is "debt and damages".

Should I request the document anyway? As I say, it will be too late for me to use

Thanks again for your help

[mystery1]

Re: The Dreaded Civil Enforcement Ltd

Is the address on it the same as yours ? That's what you need to find out first of all. Non service is a MUST set aside.

M1

[R0b]

Re: The Dreaded Civil Enforcement Ltd

21 days is clearly not acceptable for the claim form. I would try again over the phone and say it is urgent and necessary for the claim form because it is required to file your defence and that you have to submit this within next X days - if they refuse to do so then take the persons name and explain you will be making a complaint about him/her as they are prejudicing your claim. Alternatively you could try and do it in person if the court is close enough to you.

At the same time you should also mention the order and you require that urgently too because the judge has given you a time frame and without the order you are unable to do anything. Either way the just has made a total cock up on this as there is no such thing as a "counter" there's a counterclaim but thats not relevant to a set aside so the only other thing is a defence, but got to try and make the best of it.

I'll post up an amended version with comments on your defence later but at the moment this seems to be very unfair on you.

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Is the address on it the same as yours ? That's what you need to find out first of all. Non service is a MUST set aside.

M1

The only address that has been used anywhere as far as I have been told is to my old address. I have not received anything here, and the present occupier of my old address emailed me to confirm he has never received anything for me there either.

21 days is clearly not acceptable for the claim form. I would try again over the phone and say it is urgent and necessary for the claim form because it is required to file your defence and that you have to submit this within next X days - if they refuse to do so then take the persons name and explain you will be making a complaint about him/her as they are prejudicing your claim. Alternatively you could try and do it in person if the court is close enough to you.

At the same time you should also mention the order and you require that urgently too because the judge has given you a time frame and without the order you are unable to do anything. Either way the just has made a total cock up on this as there is no such thing as a "counter" there's a counterclaim but thats not relevant to a set aside so the only other thing is a defence, but got to try and make the best of it.

I'll post up an amended version with comments on your defence later but at the moment this seems to be very unfair on you.

Thank you .... yes, it's fighting a battle against something I know nothing of.
I'll attend to this today, first by phone and maybe in person if no joy. Trouble is the court people I talk to wont take the request, they just say I have to write in and it will take 21 days for a reponse. Will let you know

Again, I really appreciate your help on this ..... I'm a bit like a fish out of water with it all :-) :-)

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

21 days is clearly not acceptable for the claim form. I would try again over the phone and say it is urgent and necessary for the claim form because it is required to file your defence and that you have to submit this within next X days - if they refuse to do so then take the persons name and explain you will be making a complaint about him/her as they are prejudicing your claim. Alternatively you could try and do it in person if the court is close enough to you.

At the same time you should also mention the order and you require that urgently too because the judge has given you a time frame and without the order you are unable to do anything. Either way the just has made a total cock up on this as there is no such thing as a "counter" there's a counterclaim but thats not relevant to a set aside so the only other thing is a defence, but got to try and make the best of it.

I'll post up an amended version with comments on your defence later but at the moment this seems to be very unfair on you.

Well ... that was a surreal conversation
Apparently I'm not speaking to the Courts, I'm speaking to a call centre that can only give out information - the court doesnt take calls any more
I cant go in to the court, it's an appointment system and they only deal with emergencies, which clearly this isnt

So .... I have to email the small claims court, mark it urgent with the latest date I need the document with my telephone number so that they can call me back to take the money.

Apparently the court will consider the original documents as served, because they were never returned as undelivered by the post office ... even though I can show they were sent two years after I lived at the address they were sent to.

I'll send the email, but I think we have to assume I might not get the POC, although the contact centre did mention the Bowen Court address when we were discussing the original docs as the one they had on record, but added that it was the claimants responsibility to get the address right

[EXC]

Re: The Dreaded Civil Enforcement Ltd

Thread moved to correct forum.

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

21 days is clearly not acceptable for the claim form. I would try again over the phone and say it is urgent and necessary for the claim form because it is required to file your defence and that you have to submit this within next X days - if they refuse to do so then take the persons name and explain you will be making a complaint about him/her as they are prejudicing your claim. Alternatively you could try and do it in person if the court is close enough to you.

At the same time you should also mention the order and you require that urgently too because the judge has given you a time frame and without the order you are unable to do anything. Either way the just has made a total cock up on this as there is no such thing as a "counter" there's a counterclaim but thats not relevant to a set aside so the only other thing is a defence, but got to try and make the best of it.

I'll post up an amended version with comments on your defence later but at the moment this seems to be very unfair on you.

R0b, I had someone from the County Court Birmingham just call me
They went through the papers when I was on the phone and could find very little to help
He said that he would photocopy the original Claim document and post it to me tomorrow, and confirmed the address shown on there is my old address and that it just says "debt and damages"

I hope this will help

[Kati]

Re: The Dreaded Civil Enforcement Ltd

[MENTION=71570]R0b[/MENTION] xx

[R0b]

Re: The Dreaded Civil Enforcement Ltd

Still no word from the court on the Order made from the Judge? When's the deadline again for posting this "counter"? Hopefully if posted out tomorrow then you should receive it in the next couple of days.

Have to be honest I haven't had much time to do anything but off work tomorrow so I'll make sure to get your defence up. I think you still need to keep pestering the court for this Order and clarification as you can't do anything without it really.