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

doubledotcom

I am collating evidence of these failures for a more comprehensive complaint to HMCTS. SO far, at least for the cases where the claim form was received and responded to, they are already getting these set aside administratively. However, for the cases where no claim was received, they are holding out and insisting that the claims were posted. Unfortunately, they are not answering the question as to why the CCJ in all these cases is printed on the back of a Claim Form cover letter.

If you want to assist in the more formal complaint I am putting together, you need to PM me with unredacted copies of both sides of the CCJ/Claim cover letter you received. I have 10 so far.

holybruce

doubledotcom said:

I am collating evidence of these failures for a more comprehensive complaint to HMCTS. SO far, at least for the cases where the claim form was received and responded to, they are already getting these set aside administratively. However, for the cases where no claim was received, they are holding out and insisting that the claims were posted. Unfortunately, they are not answering the question as to why the CCJ in all these cases is printed on the back of a Claim Form cover letter.

If you want to assist in the more formal complaint I am putting together, you need to PM me with unredacted copies of both sides of the CCJ/Claim cover letter you received. I have 10 so far.

I have sent it.

This is now affecting my credit score 

Coupon-mad

Have you complained to HMCTS too?

holybruce

yes I have complaint to them also 

doubledotcom

HMCTS are responding with the usual fob-off that the claim was sent out but are not answering the question about why an N30 Judgment for Claimant (in default) form was printed on the reverse of a Claim and Response pack cover letter. The response you receive will need to be escalated to Stage 2.

I also suggest you SAR the CNBC and make sure you include the following in it:

Please provide all personal data you hold about me in connection with this case, including but not limited to:

• All correspondence sent to or from me

• The MCOL claim form (N1SDT) and any documents issued or purportedly served

• Any records of printing, postage or despatch of the N1SDT and response pack

• Internal notes, audit trails, and system logs showing the creation, handling or dispatch of documents

• Any correspondence or documentation relating to the default judgment (Form N30)

• Metadata or system data related to the printing of the documents I received (a claim pack cover letter and N30 printed on the same A4 sheet)

I also request an explanation of how my personal data was processed during this case, including decisions made about printing, bundling, and despatch.

I expect a full response within the statutory deadline of one month from receipt of this request.

You'll need to provide a copy of photo ID (I know it is not essential but they will ask for it anyway, if not provided) and a copy of a recent bill or statement with your address on it as proof of identity.

I have also noticed that these default CCJs are being registered before the 30 day payment period has expired.

Coupon-mad

Gr1pr said:

Its happened a lot recently,  so you up 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   )

Send this again.

Scubanutta

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?

Can I ask the relevance of the question? I’ve just received the same and noticed this. It seems very strange. 

Coupon-mad

Personally I think it is just irrelevant bad admin by the CNBC staff putting that paper into the printer to print batches of claim forms on the other side and not even engaging their brains to realise how confusing it is to use the same 'cover letter' for default judgments.

That issue is something and nothing.

Get HMCTS on the case, as advised. It'll be sorted out within days.

doubledotcom

Scubanutta said:
Can I ask the relevance of the question? I’ve just received the same and noticed this. It seems very strange. 

The cover letter for a Claim and Response pack from the CNBC is a completely separate part of the process and should have nothing to do with an N30 judgment for Claimant (in default) form. The fact that these two documents from completely separate points in the process are printed on the back of each other points to a huge processing problem within the CNBC.

So, far, for those that never received a claim form and only a CCJ, they are insisting that they did post the claim form and response pack but have not yet answered why the CCJ was printed on the back of the claim form cover letter. There a some that also received a CCJ in exactly the same manner, bit did receive a claim form and defended but the CNBC failed to send a copy of the defence to the claimant  and these have been set aside using the CNBCs administrative powers at no cost to the defendant. However, they have still not explained why the CCJ was ruined on the back of a claim form cover letter.

There are multiple complaints to HMCTS and each has had to be escalated to Step 2 and no responses to these are yet forthcoming. Of the 7 cases I am assisting with, one has already had to pay the CCJ, under protest with the proviso that when the CCJ is set aside, they will require a refund. However, they have also had to pay £313 for a set aside application because the CNBC are being obstructive or unhelpful.

I am collating evidence of this problem and would require unredacted copies of both sides of the letter, preferably with a declaration that the images are of both sides of a single page, to use as evidence. If you want to assist in raising this problem then feel free to PM me.

I am sure that what we have seen is just the tip of the iceberg and the CNBC is liable for the failure. I have been informed that there was likely an IT upgrade recently that has caused this but the people responsible are scurrying for cover. It is likely to affect a large number of people but we only see a fraction of them here.

It's a scandal and needs exposing, if anyone has any reliable media contacts. Feel free to PM me for details if you want to refer them to me.

doubledotcom

Coupon-mad said:

Personally I think it is just irrelevant bad admin by the CNBC staff putting that paper into the printer to print batches of claim forms on the other side and not even engaging their brains to realise how confusing it is to use the same 'cover letter' for default judgments.

That issue is something and nothing.

Get HMCTS on the case, as advised. It'll be sorted out within days.

Not quite. The Claim cover letter is printed with the defendants name and address. This is nothing to do with someone trying to be resourceful and reusing paper.