Apply to have CCJ set aside

Anoonymouse

Basics of the issue:
I submitted a defence via post due to MCOL website not accepting defence pack password, Time went on and judgement was given against me as "I didn't respond to claim" ! No idea if it was lost in post or lost by court. I contacted court regards this and by the time they decided to reply time had run out to pay before a CCJ was issued.

I now have  the claimant's debt collector wanting payment. I'm aware I can pay to request a new hearing but as its not guaranteed and I wont get my fee back I'm stuck wondering what to do.
Advice please?

Coupon-mad

It'll cost you £303. 

Are you more than 30 days past JUDGMENT (not claim) date?

Surely you have proof of posting the defence?

Gr1pr

Complain to the CNBC in Northampton using the correct email from the list suggested in the defence template thread 

See the advice given in this thread below 

https://forums.moneysavingexpert.com/discussion/6533826/n180-your-defence-was-rejected#latest

Anoonymouse

Coupon-mad said:

It'll cost you £303. 

Are you more than 30 days past JUDGMENT (not claim) date?

Surely you have proof of posting the defence?

Im aware of the cost,my issue is paying this then having request declined with no refund and STILL having to pay claimant,
Yes I am over 30 days,it was 17th April. I only had generic proof of postage not recorded delivery. I wrote to them the same day after receiving  notice of judgement explaining  the situation and literally only received reply today! 

LDast

As long as you still have the "proof of posting certificate" and it shows the correct address, you should complain to the CNBC and make sure it is escalated. Show them a copy of the Proof of posting certificate.

Recorded delivery is useless if no one bothers to sign for it. All you have then is proof of non-delivery.

Coupon-mad

 I only had generic proof of postage.

Perfect. A certificate of posting? Then it is legally deemed delivered 2 working days later (Interpretation Act).

You should be able to successfully insist that this is the CNBC's fault and escalate the complaint and NOT need a N244 or a fee.  Push and push. Attach your cert of posting AND a copy of the signed defence, and insist the CCJ is reversed by the CNBC who are at fault.

Anoonymouse

Assuming the complaint doesnt work, what would you all suggest regards the £303 fee? Its a devil an deep blue sea situation.

Coupon-mad

The complaint will work.

You need to persist and cite the Interpretation Act, attaching the defence and proof of posting.

@Grizebeck just posted the complaints email address on another thread.