CEL county claim

[firsttimer]

afternoon everyone
I posted my defence to the county court and have now received a Notice of proposed allocation to the small claims track which I have to fill in and return. Any advice on doing this would be appreciated.

[charitynjw]

Re: CEL county claim

Hi firsttimer

Was your filed defence per your original thread? http://www.legalbeagles.info/forums/...839#post761839

[firsttimer]

Re: CEL county claim

hi
yes it was

[charitynjw]

Re: CEL county claim

If you have received an N180 Directions Questionnaire, they're pretty simple.
Personally I'd tick 'yes' to mediation....it is unlikely to be a suitable case, but courts like to see that people are open to alternative ways of resolving disputes.
Choose your local court (or one that's convenient for you).
Tick 'yes' for Small Claims.
Complete it & file one copy at court by the stated deadline, send one copy to the Claimant (or their legal rep if applicable)...get proof of posting.

[firsttimer]

Re: CEL county claim

thank you. it seems the common thought is to tick "yes" to mediation.
There is no address to send a copy to CEL though??

[charitynjw]

Re: CEL county claim

The Claimant's address for service of documents will be on the original county court claim form.

[firsttimer]

Re: CEL county claim

hi I posted my N180 to the court as soon as id received it, posted a copy to CEL and kept a copy for myself. Today I received a letter from the court saying they hadn't received it and I've now got 7days to send it to them from the date on the letter which is the 29th Dec 17 which would take me to the 5th Jan 18, so I emailed it today due to lack of time. Has anyone else had this problem with the court not receiving documents? CEL have received there copy.
My other question is, CEL have sent me an email offering mediation, any advice on how to deal with this, ignore or respond?

[charitynjw]

Re: CEL county claim

Did you get proof of posting for the originals?

Always do so if using land mail for important documents, particularly anything 'court-related'.
Also, it is wise to keep any envelopes which you receive....you never know when proof of dates of posting might be crucial.

It is not likely that mediation is of much use in cases like this, but as it is 'without prejudice'......why not see what their proposal is.
As long as it is via the Small Claims Mediation Service, that is.

[firsttimer]

Re: CEL county claim

thank you
I've now emailed it to the court using the email address they provided, so I have an acknowledgement email that they have received it. Fingers crossed now this case will go where it belongs,in the bin!

[firsttimer]

Evening all
I received a letter stating my case has been referred to my local court. Today I received another letter titled "general form of judgement or order"which states:

1. unless the claimant shall by 4pm 23rd Feb. 2018 file and serve fully detailed POC setting out the legal basis upon which the claim is made the claim do stand struck out without further order.
2. the defendant has permission by 4pm 9th march 2018 to file and serve amended defense if required.
3. upon compliance refer to district judges paperwork.

dated 6th Feb. 2018

[jaguarsuk]

Evening all
I received a letter stating my case has been referred to my local court. Today I received another letter titled "general form of judgement or order"which states:

1. unless the claimant shall by 4pm 23rd Feb. 2018 file and serve fully detailed POC setting out the legal basis upon which the claim is made the claim do stand struck out without further order.
2. the defendant has permission by 4pm 9th march 2018 to file and serve amended defense if required.
3. upon compliance refer to district judges paperwork.

dated 6th Feb. 2018

Hi, basically the case has been put in front of judge and they want to see a proper POC to decide how to allocate for hearing and that claim has a chance of sucess.

If the claimant files a POC the judge has basically given you the chance then to make changes to your defence to counter their arguments they put forward in the new POC.

All you can do now is wait and see if they file POC or whether they do not resulting in the claim being struck out.

[firsttimer]

thanks so its basically a waiting game. fingers crossed it doesn't go any further

[firsttimer]

I’ve now received a letter from CEL asking if I’d like to pay a reduced fine. It went to my old address, again! Even though I’ve updated my current address endless times. Heard nothing more from the court.

[ostell]

Respond to them declining their offer and pointing out that you have already given them your new address and give it again. Make them liable for any costs incurred by you because of their use of the incorrect address. Get free proof of posting.

[jaguarsuk]

I’ve now received a letter from CEL asking if I’d like to pay a reduced fine. It went to my old address, again! Even though I’ve updated my current address endless times. Heard nothing more from the court.

You need to call the court and ask them whether CPR compliant POC were received as if they weren't the claim should be struck out.