Default CCJ after Acknowlegement of service late by 1 day

Coupon-mad

This is to hear your Set Aside application.  

Did you pay £275 or £108 fee?

Did you attach the Consent Order?

Have you lodged that complaint needed with the CNBC to get an apology & compensation? 

claimfighter

Thanks Coupon-mad

We've already paid the £275 fee and received notification that the matter has been transferred to the local court.

We've not sent/attached any consent order to anything - the last comms was from DCB with the draft Consent Order which we agreed to: were we supposed to submit that?

We've made a complaint to CNBC by email - which we are treating as a separate issue.

Seeing as we've agreed to the Consent Order from DCB do we still prep the set aside defence + witness statements (ie the CNBC mistake) ?

Thanks for the input so far

Coupon-mad

We've not sent/attached any consent order to anything - the last comms was from DCB with the draft Consent Order which we agreed to: were we supposed to submit that?

You were meant to sign it and submit it to the CNBC and pay £108 (no hearing needed).

You weren't meant to pay £275 and ignore the Consent Order.  You've paid for a hearing unnecessarily.

claimfighter

Thanks for the reply

We initially paid for the hearing when we submitted N244 straight after the default judgement was made.

The consent order from DCB didn't come until after that, which is when we agreed and then sent a copy of the signed consent order to the court.

Do we still need prepare for a hearing or can we contact the court to tell the no hearing is necessary, given the consent order?

At this stage the £275 vs £108 isn't an issue for us, we're more concerned with making sure we get the procedural stuff right

Coupon-mad

I think it's better to stay in control and attend the hearing to be sure the Judge makes the right decision.

claimfighter

OK thanks  - we will prep the defence and witness statements for the CNBC mistake as before just in case and attend the hearing to make sure it gets set aside

banksider

I had a similar situation - AoS submitted prior to the CCJ being issued for not responding to the claim. CNBC takes about a week to process e-mails, so AoS submitted close to the 14-day deadline or late, prior to CCJ, is likely to result, wrongly, in default CCJ. 

Don't fill in form N244 and pay that huge fee! In my case, I originally submitted my AoS by e-mail to AoS.CNBC@justice.gov.uk. I was told to forward the auto response I received from AoS.CNBC@justice.gov.uk, writing the subject in capital letters as UNPROCESSED AOS <CLAIM NUMBER>.