CCJ issued against me saying I hadn't responded but I had

custardy

misty wrote: »

Hi
the first person I spoke to was a woman - she was the person who answered the phone. She was pleasant but basically that was what she said. I said it was unacceptable, I had done my bit and what was the next step? She said I could put in a complaint and would give me the address to write to. I said I didn't want to write in because for one reason, the first payment is due on the 16th of June and I need it dealing with before it looks as if I have defaulted on the payment.

She got someone to ring me back and I think he said he was the court manager. He was basically unhelpful and unpleasant. He said they used to sign for individual items but don't now, they sign for bags of stuff as it wasn't cost effective to do it individually. He said the complaints dept would only say what he was saying and the complaints process takes about ten days. He said take it up with Royal Mail - as they had failed to deliver it. I pointed out - the court had signed to say they had. He basically then said how many times do you want me to say the same thing. If we'd received it, we'd have processed it. He said there was nothing he could do.

TBH I think you will have to go through the official complaints procedure.
That part there is handy. poin out to them they chose a system that leaves them unable to prove they didnt get the item.

misty

Following my conversation - I had asked for the address of the complaints dept and they have sent me an email with a couple of attachments. 1. EX160 application for fee remission

I don't get any tax credits or not the one that entitles you to not pay and I don't receive benefits or disability etc. I can apply on income which is what I am going to do.

2. N244 - application notice. I'm going to apply to set the judgement aside. It does ask what level of judge does your hearing require? I have no idea and the bumpf accompanying it suggests you may have to attend court.

3. The email address to complain.

This is what I was going to do:
1. Apply for the fee remission - based on income and also attach a letter stating I completed the dispute form and submitted it on time and attach the photocopy of the recorded delivery receipt and the print off of the signed thing from royal Mail online and state what the court stated about signing for it doesn't mean they received it!!

2. Apply for the judgement to be set aside and basically repeat what I've said in the above. and attach! the letter I sent in as further info with the dispute form


What else do I need to do? Does anyone have any further suggestions?

If I'm successful in having the judgement set aside based on this, where does that leave me with the original summons - will I have to complete the dispute form again?

Finally the complaint. I will complain but basically my complaint is their system is crap! I sent it recorded delivery for a reason and how can they fob me off with a we sign for a bag not individual items as an excuse? Surely if they sign for it they're saying they have it and if they don't why sign? What I want to avoid is a rpely that says tough that's the way it is sorry.

Thanks for the help. I really appreciate it.

nottoolate

misty wrote: »

If I'm successful in having the judgement set aside based on this, where does that leave me with the original summons - will I have to complete the dispute form again?

yes. i think it takes it back to that stage again.

misty

I've had a look at the accompanying novel for completing the form and it looks like they will only accept certain amounts as outgoings - although the form itself asks for rent / childcare / water rates etc but the notes suggest that they will only accept a certain total regarding general expenditure. I'm hoping I've misread that because my gas and electric are both high per month and include a payment off arrears.

I feel in a bit of a catch 22 I earn too much to apply for the fee remission but I'm only applying for a fee remission because theyve lost the forms I filled in originally!