What now?? Judgement for Claimant (in default) - Owe £291.39 for 1 parking charge

chad888

25th November -

I received the letter instructing me to do the DQ form.

I immediately filled it in and emailed my DQ to both info@dcblegal.co.uk and dq.cnbc@justice.gov.uk. I titled the email "Direct Questionnaire attached - XXXXX (case no.)

04th January - 

I received a letter saying that I had not filed my DQ as instructed and had 2 further weeks to file the DQ.

I immediately emailed dq.cnbc@justice.gov.uk and DCB Legal with the DQ as filled in on the 25th November, and the original email and attachment that was sent on the 25th November.


10th February - 

Received a Judgement for Claimant (in default) letter in the post.

£291.39 total ... (£110 costs ... £180 Penalty charge ... £1.39 interest)


I never received any acknowledgement from the DQ email, I did get an autoreply from the DCB legal email. I had emailed the same DQ email address on a separate incident and there was no auto-reply, but they did respond to that one.


What on earth do I do now?

chad888

To add, the cost to have it set aside is £303. The judgement is for £291.

This has happened before, back in 2016 when a judgement was wrongly entered in default. I was told to apply for the set aside and claim the money back from the claimant, the court granted the set aside, but refused the fee as it was judgement against me being set aside or some c**p. 

I'm apprehensive about the set aside knowing the judge will say it comes out of my pocket, and it costs me more than paying this ridiculous fee.


Edit to correct - I did recieve auto-replies from CNBC, so the email address used was correct. I sent my defence rather than DQ in a seperate email, and they responded to tell me that the document was incorrect. They did not respond to my 2 actual DQ emails so I assume they recieved them and both were okay.

Le_Kirk

1) Check your status page on MCOL
2) Complain to CNBC that you sent the DQ twice to the correct email address AND received acknowledgment and you  now expect them to correct THEIR error at no cost to you!

chad888

Le_Kirk said:

1) Check your status page on MCOL
2) Complain to CNBC that you sent the DQ twice to the correct email address AND received acknowledgment and you  now expect them to correct THEIR error at no cost to you!

Thanks you for your response Le Kirk, how do I go about putting 2) into a nice but firm email? I don't want to be a pushover but I also don't want my frustration to translate wrong and make enemies out of the people deciding my fate.

Coupon-mad

Copy any other one. No special words, just get angry at the CNBC.

Has happened loads of times. Always put right and sometimes with compensation paid for distress. No need for an application or a fee. Their mess up.

Here's an example of where to complain (this person got it reset quickly and have just won their case):

https://forums.moneysavingexpert.com/discussion/comment/80760287/#Comment_80760287

and another one:

https://forums.moneysavingexpert.com/discussion/comment/80709286/#Comment_80709286

Sadly, this is common.

Happily, it's easy to sort as long as you press your complaint, phone up as well.

You can also complain to HMCTS 

Le_Kirk

Yep, as @Coupon-mad writes, you are extremely disappointed; be angry but remain calm and send your evidence as you have shown above and demand (politely) that they correct THEIR error.  Do NOT let them persuade you that you have to complete a N244 form and pay £303.00

ChirpyChicken

and if you log a complaint with the complaints email you can get a compensation payment to

chad888

Is below okay?


Good Afternoon,

I am extremely disappointed and distressed to have recieved a letter yesterday from the CNBC, with a 'Judgement for Claimant (in default)'.

It is claimed that the judgement has been ordered because I did not reply to the claim form, which I did and have evidence (all attached [will attach screengrabs]).

1. On a letter dated 07 Nov 2024, I was requested to complete and submit my DQ form N180.

This was completed and submit 25 Nov 2024, 14:09, from [my email] and titled "Direct Questionnare attached - [case no.]" with DQ attachment 'jpg2pdf-2.pdf'. 

This was sent to [DQ email & DCB legal email] auto-replies were recieved on 25 Nov 24 at 14:09 from DCB Legal, and 14:10 from the CNBC DQ team.

2. On a letter dated 24 Dec 2024, I was told that I had not yet submitted my N180 DQ form and had a new deadline to submit it, or judgement would be entered against me.

This was completed and submit 04 Jan 2025, 13:24, from [my email] and titled "FW: Direct Questionnare attached - [case no.]" with DQ attachment 'jpg2pdf-2.pdf'.  

An auto-reply was recieved from [DQ] at 13:25.

On the 4th January, I accidently submit a defence in place of the DQ, I corrected the error immediately, and the email was acknowledged on 09 Jan 25, 14:04, when the claim responses team replied to advise me the incorrect attachment had been attached. I never recieved a human response regarding the DQ N180 that I had sent twice for [case no.].


What is most distressing, the letter recieved includes a note to myself as the defendant, that "this judgement will be entered into the public register which is passed to credit agencies and grantors [...] which will make it difficult to for you to get credit". As I am just about to put my house on the market, and will be looking to increase my mortgage, this mistake will have caused an massively negative affect on my 'Very Good' credit rating and the rates I will be applicable for, and thus my families finances for the foreseeable mortgage term.

Could you please correct this mistake.

Regards,

chad888

Sent this to the ascribed addresses.

Gr1pr

There were lots of examples of the failures at the CNBC over December and early January,  here is just one 

https://forums.moneysavingexpert.com/discussion/6567287/another-court-claim-from-dcb-l-euro-car-parks/p4

Hopefully the CNBC will sort it out ASAP 

chad888

Le_Kirk said:

Yep, as @Coupon-mad writes, you are extremely disappointed; be angry but remain calm and send your evidence as you have shown above and demand (politely) that they correct THEIR error.  Do NOT let them persuade you that you have to complete a N244 form and pay £303.00

They have sent the below response, telling me that my defence was struck out and that I need to file an N244 application with £119 fee to have it reinstated.

How do I respond to that??

Do I respond?