14 Weeks Before NTK Issued

Alleged

Thank you for the verification KeithP.
I did not receive a confirmation email.
I can confirm it has not bounced back & I have the 'proof' I sent the email in good time.

I hope they will discuss the case with me, despite me not being the actual defendant (I guess in a representative manner), but if not then I will have to ask the defendant to call them - although it gets awkward then because they know little of the facts.

I will update here once I get through.

Thanks Le_Kirk for confirming this is not the first time; it gives me some optimism in getting things put right.

D_P_Dance

I don't think that applies to this situation.

I think that it applies exactly, NOTHING WAS DONE

Alleged

D_P_Dance said:

I don't think that applies to this situation.

I think that it applies exactly, NOTHING WAS DONE

Ah, I think I understand you now!
Despite the situation being highlighted & supposedly challenged by MP's etc. "nothing was done".
Hence the reason CCJ's are still handed out almost arbitrarily. 

Alleged

Jenni_D said:

Your MCOL history shows that no defence was filed! You need to contact the CCBC (use your original email that you used to file your defence) and raise a complaint that the CCBC have failed to record your correctly-filed defence. This urgently needs to be put in front of a manager/judge/whoever to get the default judgment removed and the claim reverted to where it should be at.

Did you receive an auto-response to your defence email?

Many apologies Jennie_D - I somehow missed your post & have just spotted it on a re-reading of the thread.

Thank you for confirming that they have failed me.

I will be on the phone tomorrow as well as sending them an email tonight as per your advice.

As you may have read, I did not receive an email auto-response but have the details of the date & time timestamp of the email.

Coupon-mad

I don't think the CCBC will talk to you, a third party. You sent the defence as the Defendant, in their name and signed by the Defendant (not you)?

Alleged

Coupon-mad said:

I don't think the CCBC will talk to you, a third party. You sent the defence as the Defendant, in their name and signed by the Defendant (not you)?

Yes. It is all in the actual defendant's name - not mine.
I will ask the defendant to chase them if necessary but I will still call them on the defendant's behalf to make them aware of the issue ASAP. They should be able to check themselves without any personal information being offered to or by me.
I have already sent an email to point out the issue (as Jennie_D advised) but it may be ignored/missed as per the original.

KeithP

Alleged said:

Coupon-mad said:

I don't think the CCBC will talk to you, a third party. You sent the defence as the Defendant, in their name and signed by the Defendant (not you)?

Yes. It is all in the actual defendant's name - not mine.
I will ask the defendant to chase them if necessary but I will still call them on the defendant's behalf to make them aware of the issue ASAP.

Yes, do that.
Can you not have the named Defendant take part in the call and give the CCBC permission to talk to you on their behalf?

Alleged

I have a recording of the call made today by the defendant.
The CCBC representative stated there should have been an acknowledgement email or a bounce back email; neither were received. Interestingly the representative began saying that the email was sent too late (as he was talking whilst looking at the file) then he quickly retracted his statement.
I therefore know they received the second email, which was sent yesterday as resend of the first with a query, as that is what prompted him to say it was sent too late. He did not however formally acknowledge receipt of either email; how then would he be able to claim something was sent too late?

The upshot is I have a date/timestamp  of original email being sent in time & no bounce-back email.
CCBC seem to have at least one of the messages but I strongly suspect both.
The defendant was instructed to send an email to CCBC@justice.gov.uk with a screenshot of the original email sent & wait for a response. They will look into the issue & if necessary correct it.
Irony being what it is, an acknowledgement was received for the latest email despite the CBBC representative saying not to expect one.

Coupon-mad

As per all the other cases like this.  All this Summer/Autumn only so it's a serious fault at their end and it is causing injustice.  People have overcome this; keep following up each week until they put it before a judge to set aside their erroneous order.

Redx

We have seen plenty of these CCBC email issues this year

It's so bad that our current advice is this

Email to the ccbcaq email address only on a weekday between 9 and 4 , not a weekend

Copy the claimant or their lawyers into it , so they get a timestamped copy too

Check for the auto email reply

Keep checking MCOL claim history until it shows as defended

Belt and braces , never assume , keep on top of it