CNBC letter did not arrive

andyl3004

Hi all. If a CNBC claim letter did not arrive and then you receive a judgement letter against you, what can you do? I am appealing a claim, so I know the procedure in general regarding AOS etc, but in this other instance, no initial claim form arrived so there was no knowledge of the escalation or the need to respond. Thanks

Le_Kirk

You contact the CNBC (by telephone first thing Monday morning) and follow up with an e-mail complaining that no N1 claim form was received; and when do they claim they sent it, to where and on what date?

Coupon-mad

andyl3004 said:

Hi all. If a CNBC claim letter did not arrive and then you receive a judgement letter against you, what can you do? I am appealing a claim, so I know the procedure in general regarding AOS etc, but in this other instance, no initial claim form arrived so there was no knowledge of the escalation or the need to respond. Thanks

I think  @63realfan had a case like this?

Pat_Burger

Also going through the same thing, found out yesterday there had been a judgement in default despite getting no paperwork!

Fruitcake

You should also check that the address on your vehicle V5C was correct at the time of the alleged event. If it was, did you move home afterwards? Having an incorrect address is one of the main reasons why PCNs and court claims don't arrive at your home.

andyl3004

Pat_Burger said:

Also going through the same thing, found out yesterday there had been a judgement in default despite getting no paperwork!

Let’s keep in touch

Pat_Burger

andyl3004 said:

Pat_Burger said:

Also going through the same thing, found out yesterday there had been a judgement in default despite getting no paperwork!

Let’s keep in touch

Definitely 

andyl3004

Coupon-mad said:

andyl3004 said:

Hi all. If a CNBC claim letter did not arrive and then you receive a judgement letter against you, what can you do? I am appealing a claim, so I know the procedure in general regarding AOS etc, but in this other instance, no initial claim form arrived so there was no knowledge of the escalation or the need to respond. Thanks

I think  @63realfan had a case like this?

Thank you @Coupon-mad - In summary though, it's sort of sad news . As the set-aside fee of £275 needs to be paid, because the letter was never received and @63realfan 's case shows the courts absolve themselves of postage issues/errors, it's an unlikely outcome that the courts will refund or make the Claimant reimburse the set-aside fee even if a Defence is successful. The default judgment is for about £300 so I'm not sure the difference is worth the battle. Any responses to this are welcome - please let me know if I've misunderstood the set-aside process as I understand it. thanks all

Pat_Burger

andyl3004 said:

Coupon-mad said:

andyl3004 said:

Hi all. If a CNBC claim letter did not arrive and then you receive a judgement letter against you, what can you do? I am appealing a claim, so I know the procedure in general regarding AOS etc, but in this other instance, no initial claim form arrived so there was no knowledge of the escalation or the need to respond. Thanks

I think  @63realfan had a case like this?

Thank you @Coupon-mad - In summary though, it's sort of sad news . As the set-aside fee of £275 needs to be paid, because the letter was never received and @63realfan 's case shows the courts absolve themselves of postage issues/errors, it's an unlikely outcome that the courts will refund or make the Claimant reimburse the set-aside fee even if a Defence is successful. The default judgment is for about £300 so I'm not sure the difference is worth the battle. Any responses to this are welcome - please let me know if I've misunderstood the set-aside process as I understand it. thanks all

Its not a set aside though as it is an error on their part. Did you receive any documentation at all? I got a claim form but that was it

andyl3004

Thanks @Pat_Burger. No Initial notification of claim received (N1 i think the form is). As I understand it, because judgment in default has been made, it requires the formal process of setting aside, particularly because as @63realfan case shows, the Courts state they have no power over the Post Office. From the Court's perspective, at least as I understand the response on @63realfans thread, any dispute about the lack of notification of claim lies with the Post Office, not with the Court.

Trainerman

I do not know if it helps, but there is an article on BBC today about Royal Mail failings, both in late delivery and non delivery. Quoting someone from Winsford , I think, who missed NHS appointments for very sick children because of non delivery of letters. Managers/ex managers are quoted in confirmation of these problems and reasons.