Advice for CCJ - Not in country when served

NotAnotherOne

Coupon-mad said:

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.

So I would need to make an appeal using this document? 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958279/n164-eng.pdf

In terms of making a formal complaint to the court, do you know if that is done to the court directly? Or through the website below?

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

Apologies for the questions, I'm just out of my depth here and any advice or direction would be a huge help 

Le_Kirk

You are not appealing but complaining, so I would send an e-mail to the court marked as a formal complaint.

Coupon-mad

NotAnotherOne said:

Coupon-mad said:

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.

So I would need to make an appeal using this document? 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958279/n164-eng.pdf

No, that's an appellant's notice.  It is not an appeal and that wasn't a word I used.

Ring the local court if confused where to send your APPLICATION and COMPLAINT.

NotAnotherOne

Le_Kirk said:

You are not appealing but complaining, so I would send an e-mail to the court marked as a formal complaint.

Sending emails to this court is like sending an email to no mans land. They do not reply. I have read the google reviews on this court and there are 100s of complaints on the same matter. I'm really up against it here. 

NotAnotherOne

Coupon-mad said:

NotAnotherOne said:

Coupon-mad said:

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.

So I would need to make an appeal using this document? 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958279/n164-eng.pdf

No, that's an appellant's notice.  It is not an appeal and that wasn't a word I used.

Ring the local court if confused where to send your APPLICATION and COMPLAINT.

Sorry for the mistake. I will call tomorrow. 

B789

Are you able to go to the court in person? Have you tried phoning?

Also, have you followed up on this earlier suggestion?

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

NotAnotherOne

I spoke to the courts via phone call this week in which they sent me a link via email to there website where I could make a formal complaint. I have today sent a formal complaint providing evidence of my actions in order to attend the hearing. I received an email saying I should receive a response within 10 days. 

The courts also said I could apply to have this court order set aside if I didn't agree with it (of course I don't agree). But the part of the process I am confused about...

I fill in another N244 to have this court order set aside? So am I about to go through the same process again but now for another court hearing, to have this order set aside, what about the initial CCJ? Will my initial application be heard in the same hearing? Or do I now need 2 set asides?!

Coupon-mad

You should apply (yep another N244) to set aside that Order, you don't need a hearing for this so the fee would be £108 I think.

You need to do this URGENTLY because you only have SEVEN DAYS to object to an Order from when you received it. 

You'd attach a draft order which sets out what you want the Judge to order, including setting aside the 17th February Order, reinstating your CCJ set aside application, re-listing that application for an attended hearing (in-person, to avoid connectivity issues happening again) on the first available date and ordering the £108 fee to be refunded due to the problem being caused by system failure, in that the court's call dropped out when the Defendant tried to accept it.  Also in view of the Overriding Objective and noting that the Defendant has already paid a £275 fee for their initial application, which included the cost of the court process and orders/Directions to enable a hearing, which they are entitled to attend without technical issues denying that right.

If you are lucky, maybe @Johnersh might find a few minutes to suggest some wording for the Draft Order...

Johnersh

As I read that, the court won't list an application.

It's up to the o/p but doesn't it need a letter addressed to the DJ enclosing the emails to evidence the strident efforts to attend the remote hearing and to request a new listing date. 

Coupon-mad

Yes, I would.  If the Judge still wants yet another application he/she can then say so.