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CNBC losing the plot
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doubledotcom said:I have just been notified of two other identical CCJs issued without a claim pack being issued, both also printed on the back of the claim form cover letter.
This is indicative of a systemic failure within the CNBC, again! As usual, all calls and emailed complaints to the CNCB are being brushed off with the usual "file and N244 seta side application".
A set aside application at a cost of £313 is useless in these cases because the claimant has not erred and the court cannot order a party that is not part of the claim to pay the costs. These have to be seat aside by the CNBC using their administrative powers.
I am already at stage 2 of the formal complaints procedure with HMCTS about this and I have notified them of the two other, identical, CCJs also. I suspect there is a whole batch of these doing the rounds and I worry that many recipients will be at a loss about how they should deal with this.
I am collecting evidence from anyone else who has had this happen to them over the last week or so. Feel free to PM me if you want to join the group formal complaint to the CNBC/HMCTS a the more evidence we can show, the less chance they will try to sweep this under the carpet.
So far, the CCJs were made on 5th, 12th and 17th June. All are DCB Legal issued claims but for different claimants.2 -
doubledotcom said:I have just been notified of two other identical CCJs issued without a claim pack being issued, both also printed on the back of the claim form cover letter.
This is indicative of a systemic failure within the CNBC, again! As usual, all calls and emailed complaints to the CNCB are being brushed off with the usual "file and N244 seta side application".
A set aside application at a cost of £313 is useless in these cases because the claimant has not erred and the court cannot order a party that is not part of the claim to pay the costs. These have to be seat aside by the CNBC using their administrative powers.
I am already at stage 2 of the formal complaints procedure with HMCTS about this and I have notified them of the two other, identical, CCJs also. I suspect there is a whole batch of these doing the rounds and I worry that many recipients will be at a loss about how they should deal with this.
I am collecting evidence from anyone else who has had this happen to them over the last week or so. Feel free to PM me if you want to join the group formal complaint to the CNBC/HMCTS a the more evidence we can show, the less chance they will try to sweep this under the carpet.
So far, the CCJs were made on 5th, 12th and 17th June. All are DCB Legal issued claims but for different claimants.0 -
I now have 7 cases where no claim form was issued and 2 like yours, where the claim was defended and acknowledged but a CCJ in default was issued.
The common denominator in them all is the CCJ printed on the reverse of a Claim Form and response pack Cover Letter. Those two pages should never be together as they are from completely different parts of the process.
Most likely there has been a recent IT "upgrade" at the CNCB and whoever has the contract has screwed up big time. Everyone of these cases has been submitted as a formal complaint to HMCTS. However, they are not acknowledging an issue, yet.
One of the cases has already had to submit an N244 set aside application in order to prevent the 30 day deadline for the CCJ to appear on their credit file. A separate claim for compensation and recovery of the cost of the application has been made to the CNBC.
Simply paying the CCJ to the claimant within the 30 days does not solve this issue. If it is, then the claimant is laughing all the way to the bank and the CNBC will deny any responsibility.
The problem with an N244 set aside application is that the cost of that cannot be recovered through the process because the claimant has not erred and the CNBC is not a party to the claim. The cost of the application has to be recovered through a separate complaint and compensation submission to the CNBC.
Every one of these cases, and I believe we are only seeing the tip of the iceberg here, needs to be raised with the defendants MP and have them raise questions about this to the relevant minister.4 -
I would suggest that in these cases, the defendant should be sending a SAR to the CNBC.2
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IDK80 said:doubledotcom said:I have just been notified of two other identical CCJs issued without a claim pack being issued, both also printed on the back of the claim form cover letter.
This is indicative of a systemic failure within the CNBC, again! As usual, all calls and emailed complaints to the CNCB are being brushed off with the usual "file and N244 seta side application".
A set aside application at a cost of £313 is useless in these cases because the claimant has not erred and the court cannot order a party that is not part of the claim to pay the costs. These have to be seat aside by the CNBC using their administrative powers.
I am already at stage 2 of the formal complaints procedure with HMCTS about this and I have notified them of the two other, identical, CCJs also. I suspect there is a whole batch of these doing the rounds and I worry that many recipients will be at a loss about how they should deal with this.
I am collecting evidence from anyone else who has had this happen to them over the last week or so. Feel free to PM me if you want to join the group formal complaint to the CNBC/HMCTS a the more evidence we can show, the less chance they will try to sweep this under the carpet.
So far, the CCJs were made on 5th, 12th and 17th June. All are DCB Legal issued claims but for different claimants.
In your case you send an Urgent email to claim.responses, marked URGENT, UNPROCESSED DOCUMENTS, CLAIM REF 123456 ( change the numbers to your own reference number from the claim form, add the proof and date of the auto receipt plus a copy of the defence submission, telling them to get the ccj set aside free of charge under their case management powers ( same as all the other similar cases )1
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