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  • FIRST POST
    • Sweller
    • By Sweller 13th Oct 18, 7:43 AM
    • 15Posts
    • 6Thanks
    Sweller
    Judgement for Claimant
    • #1
    • 13th Oct 18, 7:43 AM
    Judgement for Claimant 13th Oct 18 at 7:43 AM
    Just received a Judgement for Claimant from the CC Business Centre, without having received a claim form. I have call the Centre and they have confirmed that they have had some issues and a claim pack will be sent. A couple of questions:

    1. Apart from writing to the CCBC and getting what was discussed in confirmed in writing and writing to BWLegal and informing them the same, is there anything thing else I should consider?
    2. Has anyone else experienced similar? The issues are supposed to have been on or around 13th September.

    Thanks
Page 1
    • beamerguy
    • By beamerguy 13th Oct 18, 9:49 AM
    • 9,649 Posts
    • 12,717 Thanks
    beamerguy
    • #2
    • 13th Oct 18, 9:49 AM
    • #2
    • 13th Oct 18, 9:49 AM
    Just received a Judgement for Claimant from the CC Business Centre, without having received a claim form. I have call the Centre and they have confirmed that they have had some issues and a claim pack will be sent. A couple of questions:

    1. Apart from writing to the CCBC and getting what was discussed in confirmed in writing and writing to BWLegal and informing them the same, is there anything thing else I should consider?
    2. Has anyone else experienced similar? The issues are supposed to have been on or around 13th September.

    Thanks
    Originally posted by Sweller
    Northampton has some issues ???? Probably allowing
    all the Robo claims to go through

    You certainly need written confirmation of this first
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Fruitcake
    • By Fruitcake 13th Oct 18, 9:50 AM
    • 38,013 Posts
    • 85,351 Thanks
    Fruitcake
    • #3
    • 13th Oct 18, 9:50 AM
    • #3
    • 13th Oct 18, 9:50 AM
    Once you find out what happened, I think you can apply for a set aside (for a fee) and get a new day in court. This assumes you have a good reason for not defending this in the first place.

    Both BW Legal and the court would have sent documents separately for the claim, so it can't just be a problem with the CCBC not sending you stuff.

    Did you move recently? If so, did you update your V5 document as well as your driving licence?

    The scammers only get keeper details once and won't check again to see if you have moved. They should, but there is no requirement to do so at the moment. The only address the court will have is the one provided by the scammers or their solicitors.


    I don't think there is anything you can do until you have the information about what happened and why you didn't receive anything before the judgement.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • IamEmanresu
    • By IamEmanresu 13th Oct 18, 1:36 PM
    • 3,783 Posts
    • 6,224 Thanks
    IamEmanresu
    • #4
    • 13th Oct 18, 1:36 PM
    • #4
    • 13th Oct 18, 1:36 PM
    so it can't just be a problem with the CCBC not sending you stuff.
    Just in case there was, why not call them on Monday and ask if there was a problem in sending N1 claim forms out.

    Then ask when it was sent and where?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • beamerguy
    • By beamerguy 13th Oct 18, 7:26 PM
    • 9,649 Posts
    • 12,717 Thanks
    beamerguy
    • #5
    • 13th Oct 18, 7:26 PM
    • #5
    • 13th Oct 18, 7:26 PM
    Sweller ...... please send a SAR to the CCBC

    The CCBC are dropping the ball on issuing claims, so they need a SAR every time otherwise people are going to have to pay 255 to set aside, when the fault lies with the Court.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • bongo_drummer
    • By bongo_drummer 14th Oct 18, 4:07 PM
    • 11 Posts
    • 0 Thanks
    bongo_drummer
    • #6
    • 14th Oct 18, 4:07 PM
    • #6
    • 14th Oct 18, 4:07 PM
    Hi Sweller

    I have experienced exactly the same for a claim that should have been issued on 13th September.
    I received the judgement for claimant (in default) but not prior claim forms.

    CCBC told me I would have to pay 255 for a set a side.

    I have since paid BW Legal as I didn't really have any alternative.
    • Sweller
    • By Sweller 21st Oct 18, 7:33 PM
    • 15 Posts
    • 6 Thanks
    Sweller
    • #7
    • 21st Oct 18, 7:33 PM
    • #7
    • 21st Oct 18, 7:33 PM
    Had letter back from CCBC confirming it was their fault and confirmation that judgement has been cleared. Claim form now received. Apparently they had issues on that day.
    • Umkomaas
    • By Umkomaas 21st Oct 18, 7:43 PM
    • 20,536 Posts
    • 32,447 Thanks
    Umkomaas
    • #8
    • 21st Oct 18, 7:43 PM
    • #8
    • 21st Oct 18, 7:43 PM
    Apparently they had issues on that day.
    I just wonder how many people now have credit-trashing default judgments against their names that they won't become aware of for a number of months/years (all post to a former address), then have to stump up 255 in an (uncertain) attempt to get a set aside?

    Appalling maladministration!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • KeithP
    • By KeithP 21st Oct 18, 7:50 PM
    • 11,226 Posts
    • 11,793 Thanks
    KeithP
    • #9
    • 21st Oct 18, 7:50 PM
    • #9
    • 21st Oct 18, 7:50 PM
    Bongo_drummer, perhaps you too should be looking to the CCBC confirming that it was entirely their fault that you didn't receive a Claim Form and thus had no opportunity to defend yourself.

    Armed with that information it would seem reasonable to expect the CCBC cover your losses which were solely due to their mistake.

    Especially as the CCBC explicitly told you that unless RM confirmed it was returned undelivered then it was deemed delivered.

    Of course, I must add the caveat - I am not a lawyer and I have no idea whether that is possible.

    Maybe you Member of Parliament can help with this injustice.
    Last edited by KeithP; 21-10-2018 at 8:50 PM.
    .
    • twhitehousescat
    • By twhitehousescat 21st Oct 18, 8:59 PM
    • 2,394 Posts
    • 2,923 Thanks
    twhitehousescat
    seems they are overworked/understaffedc , this is a view from the claimants side , they thought they had won a default (not parking related) https://forums.moneysavingexpert.com/showthread.php?t=5909050
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
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