Submitted acknowledge of claim in time but have now received a default judgement.

Norfolkrob

Currently fighting QDR and Norwich Traffic Control over a claim from January 2019.

I received the claim form and it has an issue date of 22/7/2021.

I logged into MCOL and using the guide linked below filled out the acknowledgement of service which is logged on MCOL as received on 5/8/2021, this is within in the 14 days required as I see it.

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

I've also already issued a SAR to NTC and informed QDR of this.  Both of them have responded but now how do I untangle this administrative mistake?

Le_Kirk

Did you follow up your AoS by sending a defence?

Norfolkrob

Yes I emailed my defence in to ccbcaq@justice.gov.uk on 23/8/2021.

Redx

Email a complaint to the CCBC and ask for a senior manager to investigate this , pointing out the timeline and a copy of the email in your sent folder too , you should have received an auto receipt email back from them on or around the 23rd , give them a copy of that auto receipt as well

There have been a couple of these in the last few months , read what happened in those too

Coupon-mad

Forward the email with the defence on it and complain that they missed it (again).  This is happening too often.  Should never happen at all.

The CCBC have a problem and need to fess up to it and stop telling Defendants it's their fault for not noticing that they didn't get an acknowledgement email they didn't know they were meant to get.

D_P_Dance

Read this and complain to your MP

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Norfolkrob

Thanks for the advice everyone, I'll make a start on those emails.  Heartening to hear I'm not alone, although disapointing the process seems to have a systematic problem.

Redx

Norfolkrob said:

Thanks for the advice everyone, I'll make a start on those emails.  Heartening to hear I'm not alone, although disapointing the process seems to have a systematic problem.

Tell them that

Tell them the system needs to be changed to allow the upload of a pdf formatted DEFENCE , like allowed at Popla , to get into the 21st century. Most companies work using pdf downloads of files etc , even MCOL allows documents to be downloaded , so uploads should be a simple tweak

Johnersh

What's the date of the judgment in default? Is this a judgment for want of an AoS or for want of a defence? And did you serve on both the court and the Claimant? 

CPR 12.3(1)(a) was changed in April. It now clarifies (helpfully) that even if filed late, provided an AoS is received before the date of judgment (ie. The date of the request by the claimant is irrelevant) that debars a judgment in default being made.  

Norfolkrob

Johnersh said:

What's the date of the judgment in default? Is this a judgment for want of an AoS or for want of a defence? And did you serve on both the court and the Claimant? 

CPR 12.3(1)(a) was changed in April. It now clarifies (helpfully) that even if filed late, provided an AoS is received before the date of judgment (ie. The date of the request by the claimant is irrelevant) that debars a judgment in default being made.  

Date of judgement in default is 26/8/21 "You have not replied to the claim form" "It is therefore ordered you pay the claimant..."

So I read that as for want of an AoS, which is straightforward to disprove as it's logged as received in MCOL 5/8/2021 at 16:05:36.

Johnersh

Deemed service was 27/7/21 or thereabouts (5 days after the issue date). CPR PD 7E 5.7

The acknowledgment then gives you 28 days *from the date of service*. CPR 15.4(b)

That takes you to 24/8.

If a defence was filed on 23/8 then there should be no judgment. Even if it was sent after 4pm it would have been received the next working day. Which would be just in time.

Was the defence copied to the claimant sols. If so, its just a letter to them and the court to flag the procedural error. It may help to send a certificate of service appending the email.