Ccbc claim help needed for defence.

Coupon-mad

Do what I advised.

There were no grounds for the C to pay the £275.

Boat_to_Bolivia

@Sasanova you haven't redacted your name from your post at 1.36pm today

And congratulations on the set aside. Well done

Sasanova

Coupon-mad said:

Do what I advised.

There were no grounds for the C to pay the £275.

I shall definitely follow your advice thank you 🙏🏻 

Sasanova

Boat_to_Bolivia said:

@Sasanova you haven't redacted your name from your post at 1.36pm today

And congratulations on the set aside. Well done

Thank you very much I am elated but I have covered my name I can’t see it anywhere.

Sasanova

Ah I just noticed it thanks for bringing it to my attention I have now removed that one.👍

Le_Kirk

Coupon-mad said:

Probably because the C did nothing wrong in terms of causing the claim not to be served.

OK, can accept that but it is the fault of someone/some organisation and  don't see why out poster should be out of pocket.  Your suggestion for a complaint should/might sort it.

Sasanova said:
Le_Kirk said:

I notice that the judge seems to have ignored the item in your draft order that the Claimant should pay the cost of the set-aside application.

I know he has, as it was the first for me I don’t know the procedure whether he should have done something about it or I should write to CCBC claiming it back!?

Yep, just follow @Coupon-mad's suggestion.

Sasanova

Hi there as you suggested I made a complaint to CCBC for refund of £275 court fee however I’ve just had a reply from them rejecting my claim inserted below:

Thank you for your recent complaint received on 9 February 2023.

 

I am one of the Correspondence Team Leaders and I am writing in response to your complaint.

 

I understand from your complaint the claim issued against you on 9 December 2022 was not received and as a result a default County Court Judgment (CCJ) was entered against you.

 

You have asked for an investigation to be carried out as you feel the batch of claims issued on 9 December 2022 were never issued as was the case in a previous instance you have found details of online.

 

I have reviewed your complaint and I am unable to refund you the £275.00 court fee you are requesting. I have detailed my reasons below.

 

The previous instance you refer to was an dispatch problem with our service provider. The issue was identified by us and not by a result of a party contacting us.

 

All the affected customers were contacted, an apology was issued and the judgments removed and the claims re issued.

 

I have contacted our IT support to ensure there was not an issue with the claims produced on 9 December 2022 and have received confirmation no issues have been found.

 

I cannot comment on any issues with the delivery of post through Royal Mail. This is something you would need to discuss with them to enable them to respond to any concerns you may have.

 

The £275 fee you have paid is the court administration costs in dealing with your application.

 

The District Judge at Stockport has set the judgment aside on the merit of the application you made. I am unable to comment on the reasons the District Judge has considered when making these directions as each application is considered individually on its own merit by the District Judge reviewing the evidence.

 

You have also asked for compensation for your wasted time and stress in relation to this claim.

 

HMCTS will consider compensating parties if a mistake has been made by court staff. I have found no mistake on your claim, however if you feel a mistake has been made you must quantify the sum you wish to claim and explain why you think you should be compensated.

I am sorry my response does not give you the answers you were looking for. I have found no issues with the claims issued through our Business Centre on the date your claim was issued and that is the reason I have not upheld your complaint.

If you're unhappy with the way I've handled your complaint, you can ask our Operations Manager to review it. Just write to herat this address with details of why you're not happy:

 

Angela Hirst

County Court Business Centre

St Katherine's House

21-27 St Katherine's Street

Northampton

NN1 2LH

 

Angela will get back to you within 10 working days.

 

 

Yours sincerely, 

Coupon-mad

That's extremely annoying.

Ask for the evidence from their side that the batch of claims dated 9th December were properly dispatched and for a copy of the CCBC's investigation into why so many claims completely disappeared.

You could then use that to try to make a claim from Royal Mail, because the entire post from the CCBC that day seems to be in a back hole and was never delivered (at all).