Defence review requested following Claim Form - Was delivering meal to resident at assisted living

Car1980

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

Coupon-mad

YOU DO NOT NEED TO CHASE HMCTS.

You currently don't have a complaint in with the CNBC. That's the problem.

bagold

Thank you. A new complaint has been sent. In this I quote the email received from CNBC starting "I am returning it as a Judgment (CCJ)has already been entered against you...."

bagold

Coupon-mad said:

YOU DO NOT NEED TO CHASE HMCTS.

You currently don't have a complaint in with the CNBC. That's the problem.

Is there a procedure to complain with the CNBC? We have already sent them an email according to the procedure they told us. Which was to resend the Defence and also the acknowledgement email with subject line "UNPROCESSED DEFENCE: DEFENCE - Claim No.: XXXXXXXX, MCOL customer number: MC00XXXXXXXX". Should we write to them again by email?

Coupon-mad

Yes. A very clear formal complaint like you can find in dozens of similar threads in 2025.

bagold

Coupon-mad said:

Yes. A very clear formal complaint like you can find in dozens of similar threads in 2025.

Does this look OK?

Dear Sir/Madam,

 

I am absolutely perplexed by this response.

 

My Defence was not taken into account and Directions Questionnaire N180 not issued because of a CNBC failure. I sent my Defence in time and an acknowledgement was sent by CNBC.

 

It is not for me to resolve the issue caused by CNBC, and it is not for me to pay any extortionate fee as the defendant to sort out the CNBC’s mistakes.

 

I have already provided ample evidence, including acknowledgement email from CNBC, that I responded to the courts directions in a timely manner and my Defence was sent to the correct mailbox.

 

The reason my Defence was not accepted was because CNBC did not do their job properly, and telling me to pay a fee and file a form to attend a hearing so I can sort it out myself, is a disgrace.

 

This has to be resolved immediately, and it is not for me to do, as it was not my mistake or error. I need you to set the CCJ aside free of charge under your case management powers.

Coupon-mad

Was it your defence that was never logged?

I was thinking it was your DQ but it doesn't matter. You need to be more robust.

The actual law on this is explained here:

http://disputeresolutionblog.practicallaw.com/judgment-in-default-better-late-than-never/

If your defence email beat the default judgment then the CNBC were wrong to enter judgment and you need to cite CPR 12 and INSIST THIS COMPLAINT IS PLACED BEFORE A JUDGE IMMEDIATELY.

Using the 2020 Rules wording change, once you had filed a defence (even in an email that the CNBC overlooked) the defence is 'filed' and you won the race.

See this authority:

The judgment of Mr Justice Choudhury in  MB v RBG [2020] EWHC 3022 (QB)

https://www.civillitigationbrief.com/2020/11/12/acknowledgment-of-service-served-late-but-judgment-irregular-and-was-set-aside-a-reminder-thta-the-rules-have-changed/

1. Applying these provisions, it is clear that the defendant is wrong to say that the AoS was filed in time; it was not. As Ms H acknowledges in her evidence, by sending the AoS by DX on 23 October 2019, it would have been received by the Court Office the following day, which was one day out of time. However, that does not help the claimant because it is clear that the judgment in default was itself wrongly entered. That is because, as at the date of entering judgment, i.e. 30 October 2019, the AoS had on any view been filed. The conditions in CPR12.3(1), namely that the defendant has not filed an AoS and that the relevant time for doing so had expired, were not satisfied. The time for filing had expired but an AoS had been filed.

   
   

2. In these circumstances, pursuant to CPR 13.2, the Court has no option but to set aside the default judgment. I therefore do precisely that. The judgment in default is set aside and is of no effect.

THE REASON FOR THE DECISION

The rules changed on the 6th April 2020, that was discussed in a post available here. 

https://www.civillitigationbrief.com/2020/02/05/new-rules-on-entering-a-default-judgment-where-acknowledgment-of-service-or-defence-is-filed-late/

"(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date that judgment is entered –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but at the date on which  judgment has been entered a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired"

bagold

Thank you. Yes Defence was never logged. I will quote CPR12 and add "I INSIST THIS COMPLAINT IS PLACED BEFORE A JUDGE IMMEDIATELY". 

Should I send a copy of email to the Claimant?

Coupon-mad

bagold said:

Thank you. Yes Defence was never logged. I will quote CPR12 and add "I INSIST THIS COMPLAINT IS PLACED BEFORE A JUDGE IMMEDIATELY". 

No. You copy exactly what I gave you.

bagold

Should I forward a copy of my complaint (to CNBC) to the claimant?