Judgement for Claimant in default, even though I replied to the Claim form on time

holybruce

Hi all

I received a claim form a couple of months back, I tried to login to moneyclaim.gov.uk with the details on the letter, but I wasn't able to log in through the portal with the Claim No and password provided in Claims form, because I wanted to do acknowledgment of service. 

I called the CNBC number and they told me to do the AOS through email, which I did. I sent the email to AOS.CNBC@justice.gov.uk, with attached AOS which I filled in with all the details, this was all done within the 14 days of receiving the claims form letter.

Just under a week later, I then filed my defence and I sent it via email to ClaimResponses.CNBC@justice.gov.uk, with the correct Claim no as the title and I also attached my defence response to it.

I just now received a letter for Judgement for Claimant (in default), stating that  I did not reply to the form and therefore I must now pay the claimant.

I have evidence of to my sent AOS and Claims in my email box, but I am a bit confused why I still received the Judgement for Claimant

Gr1pr

Its happened a lot recently,  so you urgently complain by email to the claim.responses address,  adding the defence,  plus a copy of the auto email response,  putting in the title 

URGENT,  UNPROCESSED DOCUMENTS plus the claim reference number too

Give them the date of the defence submission , plus tell us that exact date too

Tell them to use their case management powers to have the CCJ set aside at no charge 

Read a few other recent similar failures too,  like this one 

https://forums.moneysavingexpert.com/discussion/comment/81510526#Comment_81510526

You are at a loss due to their failings, so they should put it right, for free  ( no paying   )

doubledotcom

Was the "Judgment for Claimant (in default)" form printed on the back of a cover letter for a Claim Response pack? In other words, did you receive the CCJ as a single A4 page as described?

holybruce

Gr1pr said:

Its happened a lot recently,  so you urgently complain by email to the claim.responses address,  adding the defence,  plus a copy of the auto email response,  putting in the title 

URGENT,  UNPROCESSED DOCUMENTS plus the claim reference number too

Give them the date of the defence submission , plus tell us that exact date too

Tell them to use their case management powers to have the CCJ set aside at no charge 

Read a few other recent similar failures too,  like this one 

https://forums.moneysavingexpert.com/discussion/comment/81510526#Comment_81510526

You are at a loss due to their failings, so they should put it right, for free  ( no paying   )

Hi, thank you for your response.

Just to recap:

• I received the Claim Form on 23rd April.

• I submitted the N9-AOS form on 30th April, as I was unable to log in to MoneyClaim.

• I then received a reply stating that I hadn’t attached the form, so I re-sent it on 1st May and asked for confirmation.

• On 7th May, they contacted me again saying the form was still not attached, so I re-sent it once more.

• All of this correspondence is in my email inbox, and clearly shows that I did, in fact, attach the N9-AOS form each time.

• I submitted my defence to ClaimResponses.CNBC@justice.gov.uk on 10th May.

• I received an automatic acknowledgment of receipt the same day.

---

I also spoke to the Court Office by phone. They confirmed exactly what you mentioned – that my Acknowledgement of Service (AOS) was received within the permitted time frame.

Following their guidance, I replied again to ClaimResponses.CNBC@justice.gov.uk, this time attaching both the automatic confirmation email and my original defence email (including the attached document).

Today, however, I received a response stating that my submission is being returned because a Judgment (CCJ) has already been entered against me.

holybruce

doubledotcom said:

Was the "Judgment for Claimant (in default)" form printed on the back of a cover letter for a Claim Response pack? In other words, did you receive the CCJ as a single A4 page as described?

Hi yes I received it the Judgment for Claimant (in default) letter as a single page A4, the Judgment for Claimant (in default) was printed on the back of the page

Gr1pr

Copy and paste your MCOL claim history below,  if its possible 

Also send a pm to @doubledotcom too

holybruce

Gr1pr said:

Copy and paste your MCOL claim history below,  if its possible 

Also send a pm to @doubledotcom too

Unfortunately I am not able to provide that information because for this particular case, because from the onset I had not been able to login to the MCOL with the Claim No and password they provided in the letter, so I called the CNBC office directly and they told me to fill the N9-AOS form and send it as email directly AOS.CNBC@justice.gov.uk as alternative.

I am still not able to login with the claim reference no

Gr1pr

Personally,  i would complain about it to hmcts due to the recent failures at the CNBC,  and to your local MP as well,  to raise it with the Justice Minister and department etc, plus escalate the complaint to a senior manager at the CNBC as well 

Doubledotcom may have more ideas about this,  or coupon mad,  or Troublemaker22,  or possibly Johnersh or Bargepole etc 

It definitely needs a group complaint and group action 

Ps, the CNBC should be able to provide your claim history as a screenshot or similar,  by email 

holybruce

Gr1pr said:

Personally,  i would complain about it to hmcts due to the recent failures at the CNBC,  and to your local MP as well,  to raise it with the Justice Minister and department etc, plus escalate the complaint to a senior manager at the CNBC as well 

Doubledotcom may have more ideas about this,  or coupon mad,  or Troublemaker22,  or possibly Johnersh or Bargepole etc 

It definitely needs a group complaint and group action 

Ps, the CNBC should be able to provide your claim history as a screenshot or similar,  by email 

I have just been on the phone to them now and they said, they said I should forward the response back to them and also they would escalate to find out what's going on with the system. They told me to wait for around 10 days

As an aside how do I get hold of the senior managers at the CNBC?

Gr1pr

Study my replies more carefully,  I will start you off with a link to complain about it to hmcts ( via Google search  )

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

holybruce

Gr1pr said:

Study my replies more carefully,  I will start you off with a link to complain about it to hmcts ( via Google search  )

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Thank you very much I will do