Small claims court guidance from UKPC and DCB Legal

Ameliebear23

Gr1pr said:

Yes it would, like studying a bank statement 

We assume that you received the auto acknowledgement email AFTER you submitted your defence. ?

If yes, the error was at the CNBC and we have seen a few failures recently, especially when the crowd strike incident happened 

They may have found their error and corrected it, or may not, which we would know if you could login and copy and paste your claim history below 

You may have to complain, first by telephone tomorrow, and depending on what you find out, you may have to email them about their error, like several other people have done recently, due to receiving the letter that you did 

Hi @Gr1pr, 

Thanks for your input. Yes, I did receive an auto acknowledgement which said that I would receive a reply within 10 days. I am yet to receive anything back from them through email. The only form of contact I have had is this letter of judgment which has been awarded to the claimant for a default.

I have emailed the MCOL customer helpdesk to get a password reset link. I will log on tomorrow if possible and find out the status of my claim. I will keep you and @KeithP informed. Hopefully you are able to provide further advice based on what the outcome is.

If needs be and to avoid getting a CCJ on my credit file I will reluctantly pay. The letter I received for the judgement states a date of 24th July despite the fact I only received it today. This presumably means that I have less than 2 weeks to pay before this stays on my credit history for 6 years? 

Gr1pr

Study the following thread, especially the dates and the advice given at the time 

https://forums.moneysavingexpert.com/discussion/comment/80903400#Comment_80903400?utm_source=community-search&utm_medium=organic-search&utm_term=crowdstrike+

And the linked thread in there too

https://forums.moneysavingexpert.com/discussion/6535305/received-claim-form-but-not-a-pcn#latest

Ameliebear23

Coupon-mad said:

I hope that the CNBC will tell you tomorrow when you ring them TO COMPLAIN ABOUT THEIR OVERSIGHT, that they found your defence and have already set aside that erroneous judgment.

This is why you needed to look at your MCOL History because if they've reversed this and found your defence by now, the MCOL History will show it. We had two cases just like this last month.  Now back on track.

Thanks again @Coupon-mad. Once I get a link to reset my password and gain access to the MCOL portal I can hopefully find this out. Its encouraging to hear this as I was really worried earlier. The only date on the letter is the 24th July. Would that be the judgement date and if I did pay up to 30 days after this, would my credit file be unaffected?

Coupon-mad

Don't pay.

The CNBC must reverse it. Complain!

KeithP

Do not lose sight of the fact that you have a screenshot of the CNBC's confirmation of receiving your Acknowledgment of Service.

That file on your phone or computer will have a creation date and time.

That is definitive proof.

Ameliebear23

KeithP said:

Do not lose sight of the fact that you have a screenshot of the CNBC's confirmation of receiving your Acknowledgment of Service.

That file on your phone or computer will have a creation date and time.

That is definitive proof.

Yeah that is very true. Thanks! 

Although, the PDF readable download of the AOS was never saved. I just took a picture of it on my phone at the time. It does still have the time that I took the picture though which is hopefully sufficient. 

Ameliebear23

Hi all, 

I am in need of some help with this case desperately. I have tried on many occasions to make contact with the CNBC in relation to this claim which they have awarded to the claimant through default. As mentioned in prior posts I have done everything within the time parameters. My AOS was submitted through the MCOL portal in time. My defence was also submitted correctly and in time also. I did receive an email back to say that I would hear within 10 days time. Since then I received a letter ordering me to pay the claimant without being given a chance to have my say. 

I have tried on so many occasions to call the CNBC number and have chosen the relevant options but nobody is answering my calls. I have been on the phone for hours without speaking to anybody. In the end I tried choosing a different option and managed to get through to somebody from a different department who told me to email CaseProgression.CNBC@justice.gov.uk. He told me this would be a quick process and I wouldn't be waiting long for an answer. I have still not heard back from anybody (5 days later) and have since been sent a letter from the claimant saying that unless I pay the money owed by 24/08/2024 then they will start enforcement proceedings. How on earth is this fair!? I am completely and utterly at my wits end. The justice system in this country is completely flawed. I am sure they want me to just pay through fear of a CCJ and get me in even more debt. 

Further to this I have emailed so many email addresses as per the gov website which I have received an auto response from saying that the inbox is closed or not monitored with no indication of where I can actually get an answer from. 

@Coupon-mad @KeithP @Gr1pr Can any of you guys help me in anyway at all? This is causing me so much stress. Thank you x

Coupon-mad

Ignore the letter talking about enforcement.

5 days is not long to wait.  Normally they sort these errors out within 2 weeks. And people get compensation and the case reverts to 'defended'. That WILL happen.

But there's nothing to stop you being a thorn in the CNBC's side and forwarding your complaint again every second day until they damn well sort it AND offer you compensation.

Loads of threads like yours. All sorted out. Make yourself a complete email pain. Daily if you want!

Check MCOL daily for any updates.

Coupon-mad

 . 

The claim is under £600 so no 'enforcement' will happen. It is all hot air.  Sleep well!

Ameliebear23

Coupon-mad said:

Ignore the letter talking about enforcement.

5 days is not long to wait.  Normally they sort these errors out within 2 weeks. And people get compensation and the case reverts to 'defended'. That WILL happen.

But there's nothing to stop you being a thorn in the CNBC's side and forwarding your complaint again every second day until they damn well sort it AND offer you compensation.

Loads of threads like yours. All sorted out. Make yourself a complete email pain. Daily if you want!

Check MCOL daily for any updates.

Thank you so much. You have once again managed to ease my racing, stressed out mind. 

I will definitely do as you suggest regarding the emailing. 

Part of the issue with regards to my MCOL portal is that I can’t login. I am using the gov gateway ID that I created but since I created this I have made another one for childcare and I am not sure whether this is interfering with my ability to login. Either that or I have forgot my password. Either way, every time I try and ring the number specified on the internet for the MCOL line it just directs me to the CNBC number and I can’t get through to anyone. Hence why I am currently unable to log in and check for updates.