CNBC letter did not arrive

Le_Kirk

andyl3004 said:

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

If you pay the judgment amount before the date set by the judge you will remove the CCJ from your records but if you pay after the deadline it will be marked as satisfied and cause all sorts of issues for six years trying to obtain credit, lower rate mortgages and in one case reported on the forum over the week-end cause you to pay £2,000 for car insurance.

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.

Absolutely depends on whether you are within 30 days of judgment.

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.

Absolutely depends on whether you are within 30 days of judgment.

Judgement was Feb 14th

Coupon-mad

And is this claim a second claim from the same Claimant as your other one?

You could use cause of action estoppel to support an application to set aside the CCJ and strike out the claim if this is a claim that should have been part of the first?

andyl3004

Coupon-mad said:

And is this claim a second claim from the same Claimant as your other one?

You could use cause of action estoppel to support an application to set aside the CCJ and strike out the claim if this is a claim that should have been part of the first?

No. It’s one for my partner. Still DCB but different claimant 

Coupon-mad

Well there are grounds to set it aside:

- your partner acting promptly

- having good prospects of defence

- CEL v Chan, perhaps

63realfan

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?

Slightly different mine. I didn’t receive due to postal strikes 

63realfan

andyl3004 said:

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.

Apologies late response back. I didn’t receive mine due to postal strikes. The situation is ongoing and I’ve basically given up having arguments with the next manager and next manager after that in the CCBC justice department. Royal Mail won’t take responsibility & neither with CCBC or their “justice” department. If you can have the CCJ removed - NOT “satisfied” then I would do it. I almost wish I done it but I think I waited debating and went over the 30 days. It’s a hell of a lot of stress to go through with it for sake £25 (in my case the difference was £56). This is absolutely not to say you’re in the wrong at all because you’re not. This is a massive issue with RM and the way these rogue PO’s are sending seriously damaging orders and really the courts shouldn’t be able to get away with it considering the kind of implications and consequences a default judgment can have on members of the public. If signed mail was operated with the CCBC 90% of these issues would not occur.

What parking firms & the courts are doing is despicable and totally unfair on victims like us. Thankfully we have people on this forum fighting the war to get the changes we need put in place. 

If you do pay, make sure you get the receipt from CCBC if paying by phone & make sure you are absolutely certain the CCJ has been removed from your record - NOT marked as “satisfied”. If in the case it may go down as “satisfied” then yes it is 100% worth going for the set aside as “satisfied” is not good enough. 

Again, sorry to hear your in the situation your in. Admitting liability for something that is totally not your responsibility must be hard to swallow. I feel your stress and if you do go for the set aside and win, we can team up on the complaint side of things to get costs reimbursed by the courts as despite feeling like quitting I’ll keep fighting. 

Ofcourse, we will be here to support you through the whole process!

andyl3004

63realfan said:

andyl3004 said:

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.

Apologies late response back. I didn’t receive mine due to postal strikes. The situation is ongoing and I’ve basically given up having arguments with the next manager and next manager after that in the CCBC justice department. Royal Mail won’t take responsibility & neither with CCBC or their “justice” department. If you can have the CCJ removed - NOT “satisfied” then I would do it. I almost wish I done it but I think I waited debating and went over the 30 days. It’s a hell of a lot of stress to go through with it for sake £25 (in my case the difference was £56). This is absolutely not to say you’re in the wrong at all because you’re not. This is a massive issue with RM and the way these rogue PO’s are sending seriously damaging orders and really the courts shouldn’t be able to get away with it considering the kind of implications and consequences a default judgment can have on members of the public. If signed mail was operated with the CCBC 90% of these issues would not occur.

What parking firms & the courts are doing is despicable and totally unfair on victims like us. Thankfully we have people on this forum fighting the war to get the changes we need put in place. 

If you do pay, make sure you get the receipt from CCBC if paying by phone & make sure you are absolutely certain the CCJ has been removed from your record - NOT marked as “satisfied”. If in the case it may go down as “satisfied” then yes it is 100% worth going for the set aside as “satisfied” is not good enough. 

Again, sorry to hear your in the situation your in. Admitting liability for something that is totally not your responsibility must be hard to swallow. I feel your stress and if you do go for the set aside and win, we can team up on the complaint side of things to get costs reimbursed by the courts as despite feeling like quitting I’ll keep fighting. 

Ofcourse, we will be here to support you through the whole process!

Hi all @63realfan @Coupon-mad- sorry late

30 day Deadline is Thursday - partner wanted clarification that paperwork was legitimate so has waited on confirmation from CNBC and gov.uk. Also (perhaps mitigation for not acting promptly ?) I've been having biopsy for skin cancer.

@63realfan how do you know it's so worth getting it removed over satisfied? Have you seen impact already on credit applications/ car/ home insurance?

If we contest at least the money goes to the CCBC, rather than the scammers (if we win), but is it possible we pay £275 to contest and lose, and then have to pay £300 to scammers?

I'm not clear on set aside with and without consent (with is only £100).

Any advice gratefully received all.

thanks

Coupon-mad

@63realfan how do you know it's so worth getting it removed over satisfied? Have you seen impact already on credit applications/ car/ home insurance?

See this thread.

The person was clearly told NOT to pay a CCJ off in 2022 - look what has happened to them since they (ill-advisedly) did:

https://forums.moneysavingexpert.com/discussion/comment/79322199/#Comment_79322199

If we contest at least the money goes to the CCBC, rather than the scammers (if we win), but is it possible we pay £275 to contest and lose, and then have to pay £300 to scammers?

Nope.  You'll never be ordered to pay £300 because the claim is exaggerated.

More likely, they'll discontinue after the set aside.  That's the norm - happens almost every time (damage limitation).  But we also normally see the Claimant ordered to pay the £275 fee back to the Defendant if they served a claim to an old address.

So most people pay nothing. CCJ wiped.

I'm not clear on set aside with and without consent (with is only £100).

See the NEWBIES thread link to the recent post by @troublemaker22 (a solicitor) telling everyone how he suggests you word the request for consent.

WHATEVER YOU DO, THE N244 APPLICATION MUST BE DONE PROMPTLY.