Advice for CCJ - Not in country when served

NotAnotherOne

Yeah I planned on staying right next to my phone all day, I received the call inviting me to the conference, upon following the instructions the call dropped out. Of course now Im trying to call the number back (from another phone) but it just gives me a busy tone, I am now trying to call the courts. This is a nightmare

Coupon-mad

Email and state what has happened, immediately.

NotAnotherOne

Yeah, that's exactly what I did. wrote in the email subject urgent, explained everything that's happened, called the court helpline, the lady on the helpline told me to send the email, by that time I had already sent the email, she said that there's a chance the clerk may see the email and notify the judge, the person I spoke to on the phone also stated she will make a note of the phone call.

I asked if there's anything else I can do, but she said the email is the only thing that may help me and she thinks the court case would have gone ahead.

Auto reply email from Willesden county courts states that Due to COVID-19 responses to emails are taking longer...and 'We are currently prioritising queries relating to Listings and Urgent Family Work' 

So I have no idea when I will hear back from them. 

All in all not a great experience. Sat here thinking if there's anything else I could of done, but I'm out of ideas, I was waiting a year for this court case, I was ready for the phone call, accepted the phone call, followed instructions but it disconnected. What else could I do? I can only hope that the hearing went in my favour but I am not full of confidence since I was not able to attend and afraid that will go against me. 

Coupon-mad

Was this to hear your application to set aside the CCJ?  Or a second hearing about the PCN (after achieving set aside)?

Your email hopefully protects you, as the proof you need if you get an Order you disagree with, you have the right to object and use your email today (and your phone record of dialling in) as proof that you did everything within your power to attend and that the case should be re-heard.

Wait & see what the Order says.

NotAnotherOne

Yes that is correct, it was to hear my application to set aside the CCJ. 

Yeah I can only hope it will work in my favour, it was never in doubt for me that I was going to miss this phone call. And I made various attempts to try and reach out to them within the hour after receiving the failed phone call. As I said, I believe I did everything within my power.

Any idea on the timescale of receiving the order? 

Coupon-mad

Could be end of the month...ish.

I'm hopeful that your evidence will have been enough to get the CCJ set aside.

NotAnotherOne

Fingers crossed. I will update here once I receive any news. 

NotAnotherOne

If anyone could give me advice on the next steps to take, it would be a greatly appreciated. 

I am so frustrated that this will now take more time and probably more money to even get a chance to resolve this. 

So as mentioned previously, I was ready for the phone call from the courts for my hearing, accepted the phone call, however upon answering the call immediately dropped out and that was the end of it, resulting in the case going ahead without me.

This is the letter I have since received.

Before Deputy District Judge ****** sitting at the County Court at Willesden, 9 Acton Lane, Harlesden, London, 

NW10 8UX

Upon reading a letter from the Claimant

And upon the Defendant not answering the Court's call at the number provided, the Court calling at 12:50 pm on 17 February 2023,

IT IS ORDERED THAT

1. Application is dismissed.

2. No further application is to be listed without leave of a Judge, in view of the overriding objective and the waste of Court time caused by the Defendant's unavailability today.

Dated 17 February 2023

I would like to know the steps to object against this. I sent them an email immediately after the call dropping out and also called the courts which I can provide evidence for both 

B789

I'm sure one of the experts will be along to advise on your next step. It looks like you may have to make another application to get the claim relisted. The claimant has obviously requested that your application for the CCJ be dismissed and the judge agrees, in the belief that you wasted the court's time by not answering the call, which we know is bot the case.

I'm sure this is recoverable as it was through no fault of yours that the technology they were using is not fit for purpose. Were you using a landline or a mobile? Either way, you can request from the telecoms company a record of all incoming calls that day if you don't already have them from your bill to show the call was received.

You also have this thread which is a contemporaneous record of what happened. You also have the email you sent to the court at the time informing them of the issue.

After all this is eventually over, there is the option to make your complaint even more official here:

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Also, you should write to your MP to refer your case to the Parliamentary and Health Service Ombudsman.

The courts did not act in your favour when you contacted them at the time and it looks like whoever you spoke to on the day didn't pass anything on to the judge. It doesn't even look as though the email you sent to the court has been forwarded to the judge, assuming that the letter you received was composed at least a few days ago.

Coupon-mad

NotAnotherOne said:

If anyone could give me advice on the next steps to take, it would be a greatly appreciated. 

I am so frustrated that this will now take more time and probably more money to even get a chance to resolve this. 

So as mentioned previously, I was ready for the phone call from the courts for my hearing, accepted the phone call, however upon answering the call immediately dropped out and that was the end of it, resulting in the case going ahead without me.

This is the letter I have since received.

Before Deputy District Judge ****** sitting at the County Court at Willesden, 9 Acton Lane, Harlesden, London, 

NW10 8UX

Upon reading a letter from the Claimant

And upon the Defendant not answering the Court's call at the number provided, the Court calling at 12:50 pm on 17 February 2023,

IT IS ORDERED THAT

1. Application is dismissed.

2. No further application is to be listed without leave of a Judge, in view of the overriding objective and the waste of Court time caused by the Defendant's unavailability today.

Dated 17 February 2023

I would like to know the steps to object against this. I sent them an email immediately after the call dropping out and also called the courts which I can provide evidence for both 

None of us have done this before.

You need to crack on and make a formal complaint to the court and probably make an application to set aside that Order in view of what happened.

Very quickly.  Next week.