ECP /DCB LEGAL COURT CLAIM 3

Coupon-mad

Yes I saw that but assumed this was a typo because the CNBC is always Claimant-focussed. The system and people at the CNBC favour Claimants, IMHO, so they said it by mistake.

My point stands. Looks like they breached their own policy.

However, if you reckon you'll get Help With Fees don't delay the N244 beyond this week.

gavino76

Just received this

gavino76

This case is not subject to high court or bailiff action, however should you fail to contact us, our client may consider enforcement action

??? Doesn't seem to make sense

Coupon-mad

They are trying to scare you.

No HCEO can come knocking if a CCJ is under £600. I think you need to crack on and apply for HWF and do your N244 application as well as the complaint escalation.

gavino76

Roger that!!

gavino76

No, I can't apply for HWF as my partner has savings, I didn't know they'd ask for that

I can't really afford the set aside fee - I'd may as well just pay the judgement.

No other options

Coupon-mad

Except the complaint.

gavino76

Dear HMCTS Complaints Team,

Case reference:

Complaint reference:

I am writing to escalate my complaint under the HMCTS Complaints Handling Guidance, as the response I received does not address the core issue: a failure of service by HMCTS that directly resulted in a default judgment against me. I also cannot afford the N244 fee required to correct an error that was not mine.

1. HMCTS policy: complaints cover administrative errors

HMCTS policy states that complaints may be made about “the standard of service received, administrative errors, and failure to follow proper procedures.”

My complaint falls squarely within this definition.

2. HMCTS policy: staff must act on information provided by court users

Your guidance also states that HMCTS must act on information provided by parties and ensure records are accurate and used consistently.

The court had my correct address from August 2025 onward. I updated it through MCOL, and the system reflected this. Despite this, the Directions Questionnaire and sanctions order were sent to an outdated address that HMCTS knew was no longer correct.

This is a clear breach of HMCTS’s obligation to use the correct contact details held on the system.

3. HMCTS policy: failure to follow procedure is a service failure

The court used my updated address for some correspondence but reverted to the claimant’s outdated address for others. This inconsistency is a procedural failure.

HMCTS policy states that complaints may be upheld where staff:

- “failed to follow process,”

- “failed to act on information provided,” or

- “made an administrative error that disadvantaged a court user.”

All three apply here.

4. The consequences were severe and entirely avoidable

Because the DQ and sanctions order were sent to the wrong address:

- I was unaware of the deadline

- I had no opportunity to comply

- My defence was struck out

- A default judgment was entered

This outcome was not caused by any inaction on my part. It was caused by HMCTS failing to serve documents to the correct address.

5. Request for escalation and remedy

Given the above, I request:

1. A full escalation review under the HMCTS Complaints Handling Guidance.

2. Written confirmation that the DQ and sanctions order were not served to the correct address, despite HMCTS having that address on record.

3. Consideration of a fee waiver or alternative remedy, as I cannot afford the N244 fee and should not be required to pay to correct an HMCTS administrative error.

This is not a challenge to a judicial decision. It is a complaint about HMCTS’s failure to follow its own procedures, resulting in an unfair outcome.

I look forward to your response and a proper review of this matter.

Yours faithfully,

Microsoft co- pilot;)

Coupon-mad

Very good but this is wrong becsuse you are the Defendant:

"but reverted to the claimant’s outdated address for others"

Le_Kirk

Unless they meant the address for the defendant that the claimant held on file!