COURTS ISSUING DEFAULT CCJS BECAUSE OF THEIR OWN SYSTEMATIC FAILINGS!!

LionsShare

Hi everyone! So I thought I'd send an update on my situation. I now have a total of 7 claims made against me all for the same situation at the same location. All claims are Acknowledged, and Defences have been filed for all.

As I am sure you can imagine it has been difficult to navigate this - and not being at all savvy with court processes etc it's been hard. However I have made sure (especially after an initial error filing my Defence late) that everything has since been done correctly and on time. I have been super organised with everything and I know all has been done correctly.

BUT I have recently received x2 default CCJs. The first came through and I immediately telephoned the courts (half a day on hold) to ask why. They said they had not received my Directions Questionnaire. However - my questionnaire WAS indeed sent to courts and also served to Claimants via email. I have all the evidence to prove it.

The 2nd CCJ came today. I don't know why yet as I haven't been able to call them (another half day on hold tomorrow) but I'm guessing it will be that they think I didn't file Defence. I did. I send an email to the correct address within the correct time and I also received an auto response from them as evidence.

I just wanted to warn about this systematic error which leaves people with CCJs even though they are doing everything asked of them to Defend their claim. The claimants are clearly taking advantage of this shambles and basically laughing all the way the bank.

I now don't know what will happen. I fear I will have to pay the CCJ as I doubt I will receive a reply to my emails showing evidence of documents having been sent correctly and auto responses received. If I wait, I risk bailiffs attending and CCJ against my name for 6 years.

The CNBC have advised to send email with evidence that documents have been sent - but is there more I should / could be doing here? First email sent a week ago and no response as yet. 

Le_Kirk

Yep, this has been reported on the forum several times.  One (at least) poster has successfully recovered money from the CNBC, I believe it was @jag_run

Coupon-mad

Recent ones have been dealt with quickly by the CNBC, and a Judge's Order comes out wiping the previous CCJ Order.

Do not pay the claims.

Ring the CNBC every other day until they damn well put both right.

LionsShare

Thanks for this. Looks like it'll be a fun week spent on hold to the CNBC then!! 

fatbelly

The court system is in a mess and I wonder if a large part of that is the enormous number of claims from scam parking companies.

We'll have a huge number of new mps this year and should bombard them with info.

Coupon-mad

fatbelly said:

The court system is in a mess and I wonder if a large part of that is the enormous number of claims from scam parking companies.

This is exactly what some of us said to this call for evidence which closed in January after an extension of submission times:

https://committees.parliament.uk/committee/102/justice-committee/news/198166/new-inquiry-justice-committee-launches-new-inquiry-on-the-work-of-the-county-court-amid-capacity-and-resource-concerns/

IMHO, parking claims ARE a major cause of the CNBC drowning and the MoJ should have seen it coming (and realised the damage caused by roboclaims) years sooner.

They've been told and the DLUHC are also well aware. What gets done about the tsunami of parking court claims is yet to be seen.  Needs stopping.  The CCJ damage to people's lives, hopes and dreams is a national scandal.

patient_dream

Of course parking companies have created this mess. 
When a default takes place, it seems judges don't ask further questions surely they have the power to request the D to come to court before such action is taken

But this court farce has been going on for years. The then PM Mrs May vowed to stop it ????

Now the lady is on her bike and riding out of town

And do you know that Ofcom are trying to close down GB NEWS for their very frank views ???   

Grizebeck

Issues with them processing DQs is thier biggest problem 

LionsShare

Update on my situation. One of my incorrectly issued default CCjs has been removed by the CNBC and the Claim is now progressing as it was.  However the other is with Luton County Court because I was forced to apply to stay the writ because bailiffs were sent. Writ was Stayed but I am still waiting for this one to be looked at by a Judge. I'm told there is nothing I can do but wait.  

Coupon-mad

LionsShare said:

Update on my situation. One of my incorrectly issued default CCjs has been removed by the CNBC and the Claim is now progressing as it was.  However the other is with Luton County Court because I was forced to apply to stay the writ because bailiffs were sent. Writ was Stayed but I am still waiting for this one to be looked at by a Judge. I'm told there is nothing I can do but wait.  

Did applying to stay the writ only cost you £14?  I recall we discussed your case but I can't remember if we worked on this by pm, but:

Luton court!  Perfect... the place of the CEL v Chan case.  Did you send a WS with your application to stay the writ and ask that the claim be struck out and your costs awarded, due to (probably) poorly pleased POC as per CEL v Chan?

LionsShare

Hi @Coupon-mad I didn't send a WS with my application to stay the writ. It only cost £14

BTW I also made a formal complaint for both these x2 claims with wrongly issued default CCJs, and the one which has now had the CCJ cancelled - I have received a response to the complaint and an offer of £250! 

For the other claim with the application to Stay the Writ and the CCJ still active - I am just waiting. Can I sent a WS now or is it too late?