County Court Claim Defence: Premier Park / BW Legal

Shining1959

@Coupon-mad The emails to CNBC Case Progression and DQ team were headed "FORMAL COMPLAINT: Incorrect address used for defendant. Improper judgment re claim no. xxxxxxxx." as you advised. I included the email chain where I first informed MCOL / CNBC of the address change and the subsequent email confirmation I received that this had been done. 

Should I share the full content of the email?

Coupon-mad

OK good so you didn't miss that complaint out. Let's see then. Usually takes a couple of weeks for CNBC errors to see CCJs wiped & reset.

Shining1959

Lengthy but here is the email to CNBC:

FORMAL COMPLAINT: Incorrect address used for Defendant. Improper judgment re claim no. X.

To whom this may concern

I am seeking urgent assistance with the above claim. I am very concerned that I am not being updated appropriately with this claim, and that I am not being given a fair opportunity to defend or represent my position.

I logged onto MCOL on my own intuition and was shocked to see the update regarding my defence being rejected and subsequently struck out. These are entries in the transaction list both dated 08/01/2026.

I have not received any correspondence with regard to this claim since my initial acknowledgment of serve and submission of my defence. 

I have made MCOL aware of my correct address for correspondence in the attached email chain. Despite confirmation that this had been updated, I have not received any updates or direction from the court regarding this claim.

I have attached my defence again and also a completed N180. As stated previously, I am unable to edit my address on MCOL. However my correct address is noted on the N180 and also in this email chain. For absolute clarity, it is [address].

I require urgent confirmation that these documents have been received and will be considered. I also require confirmation that my correct address will be used in all correspondence regarding this claim going forward.

>>>

And here is the subsequent one to HMCTS:

I am writing to raise a formal complaint regarding the administration of Claim No. X and the failure to ensure that court correspondence was served to my correct address, resulting in significant procedural prejudice to me as the Defendant.

I completed the Acknowledgment of Service via MCOL on 29/07/2025. At that time, the correspondence address was pre-populated and did not allow amendment online. On the same date, I emailed MCOLITassistance@justice.gov.uk requesting that my correspondence address be updated to [current address] and I expressly requested that no correspondence be sent to [old address] as I do not have access to that address.

On 12/08/2025, I received written email confirmation that my address had been updated correctly on the court’s system.

I subsequently filed my Defence on 20/08/2025. There was no option at that stage to restate or amend my correspondence address. Given the written confirmation I had received, I reasonably believed that the court held and would use my correct address for service.

On 06/12/2025, having received no correspondence for some time, I logged into MCOL to check the status of the claim. I was extremely concerned to see, under “Recent transactions”, that the following actions had taken place without my knowledge:

• Directions Questionnaire sent to Defendant on 19/09/2025

• General Sanctions Order made on 13/11/2025

I did not receive either of these documents or any related correspondence. I immediately contacted MCOLITassistance@justice.gov.uk to raise these concerns, request copies of the documents, and reiterate my correct correspondence address.

On 08/12/2025, I received a response advising that my enquiry had been sent to an incorrect inbox and that I should instead contact CaseProgression.CNBC@justice.gov.uk. I redirected my enquiry to that address on the same date but did not receive a response.

On 18/01/2026, acting on my own initiative, I logged into MCOL again and was alarmed to discover that my Defence had been rejected and subsequently struck out, with both entries dated 08/01/2026. I have not received any correspondence notifying me of these developments. In fact, I have not received any court correspondence since my initial Acknowledgment of Service.

As a result of the failure to serve documents to my correct address — despite the court being notified and confirming the update — I have been denied a fair opportunity to participate in proceedings, comply with directions, or respond to court orders. This has caused significant procedural disadvantage and has occurred through no fault of my own.

Desired outcome

In light of the above, I respectfully request that HMCTS:

1. Investigate why correspondence continued to be issued to an incorrect address despite confirmation that my details had been updated

2. Confirm that my correct correspondence address is now accurately recorded and will be used for all future service

3. Take appropriate steps to remedy the procedural prejudice caused, including referral to the relevant court or office to consider reinstatement of my Defence or other suitable corrective action.

I would be grateful for written confirmation of the outcome of this complaint and the steps being taken to ensure that I am able to fairly and properly participate in this claim going forward.

>>>

You mention CCJ. To reiterate I have not seen any reference to judgment being made on the transaction history on MCOL. But is that your assumption as to what's happened based on the defence being rejected / struck out?

Coupon-mad

I mean that the door is (was) open for BW Legal to enter judgment. A CCJ.

However you have swiftly re-filed your defence and a completed DQ so that move - according to the Civil Procedure Rules - means your defence & DQ is back 'in' and that blocks the Claimant from valid default judgment.

But the CNBC systems aren't sophisticated enough to know that. So BW Legal could pounce with a default CCJ at any time. That's your current position in this game of chess.

On 06/12/2025, having received no correspondence for some time, I logged into MCOL to check the status of the claim. I was extremely concerned to see, under “Recent transactions”, that the following actions had taken place without my knowledge:
• Directions Questionnaire sent to Defendant on 19/09/2025
• General Sanctions Order made on 13/11/2025

Why didn't you just download & file a N180 then? You could see what had happened. That would have avoided this headache.

Shining1959

Understood. Admittedly I didn't even think to complete the questionnaire myself when I noticed those entries you've highlighted. Unfortunately (or fortunately) I don't have much history with the court or knowledge of the relevant processes when errors occur, and my initial reaction was to just point out the oversight via email and await the court to correct the error.

Should I contact BW Legal to make them aware? Is that likely to pause any attempt to get a default judgment? 

Gr1pr

I would not poke a sleeping dog with a sharp stick. !

Coupon-mad

Absolutely NOT.

My goodness, that would tip them off to put in a default CCJ (which the system will let them, as I told you).

I'm glad you asked us first. It's what we are here for & what you should have done in November. You'd have been advised within 5 minutes & had the N180 in within hours. But you know that now!

Shining1959

Thank you for all of your assistance. I will take no further action at this stage and await a reply from CNBC and a response to my HMCTS complaint. 

To ease my anxiety I have added an alarm to check MCOL everyday for developments. Probably overkill but I am extremely sceptical at this stage!