Default judgement entered for UKPC PCN

Ale88WL

Hi, my wife received a Court Claim on the 20th January 2022 for a PCN from UKPC dated 5th January 2018. Filed an AOS on the 1st of February and submitted the defense via email as per the suggestion of the 16th of February. AOS was received the morning after (2nd of February). 

We just came back from abroad and we found a CCJ by default in favor of the claimant on the ground that we "did not reply to the claim form". I just noticed that probably the defense was never uploaded to the case. Now the payment amounts to £329.32.

Would it be worth asking for the case to be set aside (paying the £275 fee) saying that the defense was submitted but not linked to the case? What are the chances of getting a hearing if we submit the form + the defense (with proof the email with the attachment was sent) + a witness statement?

KeithP

Hello and welcome.

What email address did you use when filing your Defence?
Was it CCBCAQ@Justice.gov.uk or something else?

Can you please show us your MCOL Claim History.

We have seen problems reported where the CCBC has failed to record filed Defences properly and your looks like that too.

Do you still have a copy of the email in your 'sent' folder from when you filed your defence?

Coupon-mad

I just noticed that probably the defense was never uploaded to the case.

You mean she emailed it but CCBC ignored it? Did she get an acknowledgement email?

Happens all the time and she must complain to the CCBC by phone and prove the email was sent, by forwarding it while talking to the CCBC clerk.

She does NOT have to pay £275 nor file an application.  But she will have to be robust and refuse to accept the CCBC staff saying that she 'should have known' that not receiving an acknowledgement was somehow her fault...!  

They are terrible.  This has been happening since last Summer and they've still failed to sort out their email issues.

The Defendant must INSIST that her complaint must be placed before a Judge to rescind the Order.

Ale88WL

Hi, yes it was CCBCAQ@Justice.gov.uk. I still have the copy of the email with the defense attached (was planning to use it as an exhibit in case we file the application.

Here is a screenshot of the MCOL History.

TIA

Coupon-mad

Yep, same as has happened before.  Don't give up and don't be told it needs an application.

Keep saying it was CCBC error and you KNOW you are far from the first, and that a Judge has set aside default CCJs in these cases and that's what you require.

You can't make the call.  Must be the defendant.  Takes an hour to get through, sometimes.

Ale88WL

Thanks for the suggestion. So my wife should call the number that is on the letter she received with the CCJ and explain that it was CCBC that failed to pass through the defense? Any tip in case there is someone on the line acting like a broken record and going "you must submit the application, there is nothing else to do etc "? 

TIA

Ale88WL

Coupon-mad said:

I just noticed that probably the defense was never uploaded to the case.

You mean she emailed it but CCBC ignored it? Did she get an acknowledgement email?
Happens all the time and she must complain to the CCBC by phone and prove the email was sent, by forwarding it while talking to the CCBC clerk.
She does NOT have to pay £275 nor file an application.  But she will have to be robust and refuse to accept the CCBC staff saying that she 'should have known' that not receiving an acknowledgement was somehow her fault...!  
They are terrible.  This has been happening since last Summer and they've still failed to sort out their email issues.
The Defendant must INSIST that her complaint must be placed before a Judge to rescind the Order.

Yes, she submitted the defense but CCBC ignored it. No email.

OK, got it. So she must call CCBC directly to complain. Thanks. 

Coupon-mad

Here's another case like yours:

https://forums.moneysavingexpert.com/discussion/comment/79038056#Comment_79038056

Ale88WL

Coupon-mad said:

Here's another case like yours:

https://forums.moneysavingexpert.com/discussion/comment/79038056#Comment_79038056

Update: my wife just spoke to the CCBC. They said they did not receive any email as she did not receive any autoresponse. She forwarded the original email while she was on the phone and this time she got an autoresponse. The clerk on the phone said they will not consider a judge to rescind the order but that my wife can file a complaint. We are planning to do so, attaching again the defense and a scanned version of the original email. Very appalling.

BrownTrout

Ale88WL said:

Coupon-mad said:

Here's another case like yours:

https://forums.moneysavingexpert.com/discussion/comment/79038056#Comment_79038056

Update: my wife just spoke to the CCBC. They said they did not receive any email as she did not receive any autoresponse. She forwarded the original email while she was on the phone and this time she got an autoresponse. The clerk on the phone said they will not consider a judge to rescind the order but that my wife can file a complaint. We are planning to do so, attaching again the defense and a scanned version of the original email. Very appalling.

She is wrong


Send the email but this time email ccbc@justice.gov.uk and tell them what the issue was with proof of them being email.  Tell them  this

Dear Sirs

It has come to my attention a default judgement has been made against yet i emailed the defence on xx date, i attach proof via a pdf version/jpg pic of the email sent
I also attach the original defence sent
Please therefore put this in front of a procedural judge and confirm this has been done.  This is an error on the part of the CCBC and I would ask the judge to expunge the default judgement and bring the claim back to where it should be (with an allocation form being issued)
Please confirm receipt of this and that is has now been forward to a judge for consideration

Yours Sincerely
XXXXX

Coupon-mad

The clerk is wrong.  People have had a Judge set aside these erroneous Orders, more than once since it started happening.