Set aside for claim form not received

blackmath

Need some advice please, something not covered in the FAQ. The claimant would have had the correct address.

I have received a default judgement, for a claim which I never received. The last communication on it was September from DCBL. Do you only get one letter from CCBC?

I am someone who always responds and fights these claims.

https://forums.moneysavingexpert.com/discussion/6317503/another-dcbl-claim#latest

But I have checked and never received a claim form. One of the credit providers has warned me a CCJ will show up.

How do I convince anyone of the fact I never received the claim form? Do I have to waste money on a set aside? Don't even know what evidence I would give to prove anything. My details are completely unchanged for years.

blackmath

I've started an N244 form in the mean time.

Le_Kirk

Assuming that your V5C from the time of the event was up-to-date, you need to complain to the CNBC/CCBC and ask them to where and when they sent the claim form.  There were some issues around the time of a postal strike earlier this year.  I believe @jag_run made a successful complaint although it was about a slightly different issue there might be something useful in those posts.

blackmath

Le_Kirk said:

Assuming that your V5C from the time of the event was up-to-date, you need to complain to the CNBC/CCBC and ask them to where and when they sent the claim form.  There were some issues around the time of a postal strike earlier this year.  I believe @jag_run made a successful complaint although it was about a slightly different issue there might be something useful in those posts.

Thanks. I don't understand how I've received nothing, even if the initial claim form got lost in the post. I'm gonna see if I can get the address they were provided or sent it to.

Coupon-mad

Yes, you need to ring the CCBC for the address and date when/where they supposedly served it, and ask also for an emailed copy of the POC.

They won't be open this week I assume.

KeithP

Coupon-mad said:

Yes, you need to ring the CCBC for the address and date when/where they supposedly served it, and ask also for an emailed copy of the POC.

They won't be open this week I assume.

CNBC should be open on Thursday and Friday.

troublemaker22

The only way to get information in a reasonable time frame from CCBC/CNBC is to be first in the queue when they open the phone lines at 8.30 am on a working day.  Thursday and Friday this week are working days. The number is 

0300 123 1057

blackmath

I got asked to do a set aside with an explanation why I shouldn't have to pay the fee. I received the judgement yesterday, so the address would have been correct.

Need to get the particulars now via email. Apparently it's likely this will all take weeks the person said.

Person on the phone was helpful, sounded like this happens a lot.

Coupon-mad

No it does NOT take weeks to get that email.  We do this in every CCJ set aside case and it's something the person on the phone can do on the spot. Same day.

Call them back next week and ask for the email immediately. If they refuse, demand to speak to the Manager.

Stop being walked over by a broken system.

Why are you making this assumption?

I received the judgement yesterday, so the address would have been correct.

No. Maybe that batch was never posted.  Happened last year & the year before, too.

And while you fume about all this, please please do this Inquiry this weekend:

https://forums.moneysavingexpert.com/discussion/comment/80480975/#Comment_80480975

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please tell them that private parking firms and their bulk litigators are the problem as far as small claims delays are concerned, as they dominate court lists.

Parking claim numbers are rising every year and will make up about a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment.

Close to half a million parking claims are now made (2023 likely figure).

Astonishing that this has been allowed to happen and even worse, the CNBC thinks the answer is to EXPAND to accommodate it!

The MoJ must be required to separate parking cases by introducing a new pre-action protocol requiring use of ADR instead of inflated debt demands and bulk litigators who want court. It should be a last resort but it's the first.

These MPs are inviting evidence not rants or opinion so we need people like you to respond, who are currently caught up in this nightmare that you are.

You want to change things?

This Committee is your voice.

As you know, the Government is already regulating the private parking industry, so they are listening and are aware of the scourge of unfair PCNs from rogues and bulk litigators.

Interested parties have until 17th January to make a submission to the committee.

It's vital that this Committee hears loud & clear that the problem is parking claims and bulk litigators dominating the small claims track.

AND show evidence of the problems/delays in your case & how broken the CNBC is.

Their system favours Claimants with an AI auto-system with no checks to flush out bulk claim abuse from parking firms, can't even serve some claims (yet the CNBC doesn't have to prove they even posted it) and is actively causing CCJs to innocent consumers.

GET ANGRY.

blackmath

Thanks, ill give it another two days in the new year. If I dont get the email, i'll chase.

I think they meant the N244 can take weeks to process and for a judge to take a look.

Coupon-mad

Definitely show your case as evidence though.  Just over two weeks left.

We need plenty of submissions from people pointing out that the delay in the Small Claims track is largely due to the County Court being taken over by parking bulk litigation.

I can then lead the Consumer Group push to ask my contacts at the DLUHC to liaise with the MoJ to find a way to keep parking cases out of court.

That will remove well over a quarter (possibly a third) of moneyclaims in one go, freeing up the CNBC and local courts to do proper work, like family cases and real consumer disputes where money is actually owed.