CEL county claim

[Diana M]

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.

Is there a possibility that they’ve served the detailed POC on your old address? How does that mail get forwarded to you?

I assume the court are writing to your new correct address (sorry I’ve not read back through your whole thread).

That Order says that if/when they comply with it the case will be referred to a DJ so check with the court to see if they did file the POC at court even if it wasn’t served on you.

If they did file the new POC at court but failed to serve it on you then that would be the reason why you didn’t file and serve an Amended Defence by the deadline of 9th March as permitted by the Order.

Hopefully they didn’t comply, and the court will confirm that a DJ has struck out the claim.

Di

[firsttimer]

thank you. ill contact the court and reply to CEL

[firsttimer]

I have wrote a letter to CEL declining to pay the reduced fine and given my new address, again! no reply as yet from them. I have also now received a letter from the court dated the 10th of April to say that they have not received the POC from CEL

[firsttimer]

Morning I've now received a letter from the court stating my case is suitable for mediation which states:
unless the claimant does by 4pm on 19th July 2018 pay to the court a trial fee of £25 Or file a properly completed application , then the claim will be struck out with effect from the 19th July 2018 without further order And, unless the court orders otherwise, you will be liable for costs which the defendant has incurred.

[jaguarsuk]

Morning I've now received a letter from the court stating my case is suitable for mediation which states:
unless the claimant does by 4pm on 19th July 2018 pay to the court a trial fee of £25 Or file a properly completed application , then the claim will be struck out with effect from the 19th July 2018 without further order And, unless the court orders otherwise, you will be liable for costs which the defendant has incurred.

So did this suggests the Claimant filed a compliant POC, did they serve you and you have the opportunity to amend your defence?

[Diana M]

I've now received a letter from the court stating my case is suitable for mediation which states:
unless the claimant does by 4pm on 19th July 2018 pay to the court a trial fee of £25 Or file a properly completed application , then the claim will be struck out with effect from the 19th July 2018 without further order And, unless the court orders otherwise, you will be liable for costs which the defendant has incurred.

That "letter" appears to be a Notice of Hearing/Allocation for a Trial listed after 19th July (is it?).

If so, did it include Directions as to who should file/serve a Witness Statement (or anything else) 14 days before the Hearing etc?

Call the court to see whether the Amended Particulars of Claim were filed in case they were served on your old address (again!).

The issue of you filing an Amended Defence needs to be addressed.

Di

[firsttimer]

[QUOTE=Diana M;n1399172


Is there a possibility that they’ve served the detailed POC on your old address? How does that mail get forwarded to you?

I assume the court are writing to your new correct address (sorry I’ve not read back through your whole thread).

That Order says that if/when they comply with it the case will be referred to a DJ so check with the court to see if they did file the POC at court even if it wasn’t served on you.

If they did file the new POC at court but failed to serve it on you then that would be the reason why you didn’t file and serve an Amended Defence by the deadline of 9th March as permitted by the Order.

Hopefully they didn’t comply, and the court will confirm that a DJ has struck out the claim.

Di




[/QUOTE] thank you, my tenent forwards my mail to me. The court are writing to my correct address though

[firsttimer]

That "letter" appears to be a Notice of Hearing/Allocation for a Trial listed after 19th July (is it?).

If so, did it include Directions as to who should file/serve a Witness Statement (or anything else) 14 days before the Hearing etc?

Call the court to see whether the Amended Particulars of Claim were filed in case they were served on your old address (again!).

The issue of you filing an Amended Defence needs to be addressed.

Di

Shortly before i recieved this letter, to my old address, i recieved a letter from the court telling me that no poc had been recieved by the court from CEL

[Diana M]

Shortly before i recieved this letter, to my old address, i recieved a letter from the court telling me that no poc had been recieved by the court from CEL

Call the court on Monday to get a status update on whether the Claimant filed their fully detailed POC by the date specified on the Order (23rd February?) and if not then draw the court's attention to the sanction in that Order (strike out of their claim without further Order) if they didn't.

Di