DCBL and N1 Claim Form - Next Steps Advice....

CharmingRobbie

It was a scanned pdf I emailed. This sounds like nonsense on their part. I have issued the compalint.

Gr1pr

Seems to me that it was a scanned copy of the paper form, then saved as a pdf and emailed as an attachment

To be clear, the downloaded pdf doesn't need scanning, just filling in and emailing

Anyway, the 2 links i provided give exact details on what and how to complain about it to the CNBC in Northampton, but you should also copy in HMCTS as well

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82009674#Comment_82009674

But don't forget the separate HMCTS complaint which oversees the CNBC and will lean on them to right the wrong,

CharmingRobbie

Thanks I have complained via the formal Courts Tribunal complaints online process. Have emailed the original email address and the one in the above link.

As per earlier amended thread - I did check back into the MoneyClaims site and it does support the position the N180 was not included, hence the defence struck out.

CharmingRobbie

Update. I took action and the HMTC responded confirming the Court error. And that action is being taken to remove the judgement and reinstate the case on the basis the court made the error with the Directions Questionnaire not being processed.

My action was:

1. I went onto the HM Tribunal Court Service website and submitted a complaint with all the documents - emails and DQ previously issued on time with the evidence of receipt, stating they had a 10 day response, and received acknowledgement with case ref. (the text used pasted below for information).
2. I emailed the claimant and advised there was an error and that I have disputed the judgement and for them to set-aside any enforcement;
3. I resent the original email thread and attached N180 to email DQ.CNBC@justice.gov.uk with a covering note stressing I had sent them these docs previously twice and that they had received via acknowledgement email;
4. I contacted the Court Office by phone on the Default Notice (long hold) and stated the facts, and they asked I send an email with the docs to ClaimResponses.CNBC@justice.gov.uk. They acknowledged on call they had received. They did advise however to also complete the N244, and post as recorded email - sending the payment as Chq. Which I did. (No payment has been taken so far).

Within the 10 days I received an email from the HMTC Complaints team confirming the error and reinstated case.

Sample of complaint letter text sent and used in N244 —

—start—

Summary:

I received a Judgement made against me [ref] related to a disputed claim. In my opinion this is due to the failure of the Court in handling my DQ which was issued on time. I seek your immediate investigation into this failure in line with your stated complaints procedure.

Detail:

I am complaining that this default judgement issued on [date] be set aside pursuant to CPR 13.3/13.3, on the basis I submitted my DQ/N180 on [date] within the allocated time, via email [which is permitted] and to which the court acknowledged. No hearing was subsequently listed, nor notified to me, and a judgement entered in default without my knowledge or consideration of my submitted DQ.

Specific detail:

a. On [dates] I emailed scanned copies of the DQ N180 and covering email to the court in response to the alleged parking charge claim. I have a receipt/acknowledgment from the Courts Service confirming receipt. A follow-up email was also issued [date], and again receipt received 

b. Despite this, no hearing was listed or notified to me, and a default judgment was entered against me on [date]/amount] which today appeared on my credit file, because my submitted N180 was either lost, disregarded, or not properly processed by the Court.

c. This has caused me significant distress and potential financial harm, as the judgment was entered without any opportunity for me to present my defence.

I have a prospect of successfully defending this claim and have acted always promptly in the submission of the formal necessary documents.

I request you immediately investigate how the Court has failed to handle and action my DQ, where my completed N180 Form is, noting it was posted, and emailed twice to your offices.

I ask you provide written confirmation of the administrative failure, any remedial action possible, and that a copy of this complaint is added onto my case file. I would appreciate you meet the 10 day response time as set out in your complaints procedure.

—end—

Coupon-mad

Thanks for this!

We had a similar occurrence just days ago and that person can learn from what you did.

However, you should NOT have done this:

"They did advise however to also complete the N244, and post as recorded email - sending the payment as Chq. Which I did. (No payment has been taken so far)."

They advised wrong. Nobody has to fill in a N244 when it's a court oversight. We would have told you not to do that if you'd double checked with us. The CNBC is a mess of an admin centre with poor 'advice' and they don't help defendants at all.

CharmingRobbie

Thanks - yes with respect N244 I was advised by a legal advisor to do so, to reinforce you are doing everything by the book, and that when proven this will be added to file that supports your case - and refund provided (or cheque returned) but I note your point. I have subsequently gone back to the Complaint email raising this, I will see what the response is.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82026680#Comment_82026680

They are not legal advisors ( at the cnbc)

CharmingRobbie

No this was my own legal advisor. Not the Court enquiry line.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82027341#Comment_82027341

That was poor advice. I understand it (looks reasonable, etc) but it's come from a person who doesn't do what we do every day.

We see this fairly often and - under these circumstances - no N244 is needed whatsoever, let alone a fee.