Lost items? Default jusdgement for not replying! I'd replied-contested jurisdiction

[FRANCIS71]

Hello all, just joined the forum in a much anxious situation with hope to get help.

I just received a letter from the central London county court issuing Default Judgement saying that I did not reply to a claim the court sent in August. But I replied. There should be a a misplacement of my communications with the central London county court and it is a tricky situation because of the jurisdiction issues. Here is the timeline:

I received a court claim after a postal redirection of address on 22.8.2024. The envelope's postdate was 15.8.2024 (Thursday).

On 29.8.2024 I delivered my acknowledgement form by hand in person. As instructed, I put my response in the Central London County Court drop-box at the main hall of the Royal Court of Justice, and I took photo as a proof of delivery of my response. In my acknowledgement form, I ticked the option that I wanted to contest the jurisdiction and I also provided my correct address for future court's communication with me.

On 11.9.2024 I applied for the County Court central London for contesting the jurisdiction (CPR11) using form N244. I applied for a court order not to exercise any jurisdiction it may have on a ground of "forum non conveniens" (inconvenient forum). I paid for the application through Postal Order, added a cover letter and through and provided 3 copies of the application form and supporting documents (bundles). I delivered them by hand again as before and took photos as a proof.

On 18.9.2024, I wrote a letter to the County Court and informed the court that my postal address changed again and I provided the new postal address. I delivered my letter by hand again took a photo for proof.

While I was waiting to receive a reply about my application, surprisingly, yesterday 12 October I received a letter of judgement by default from the court saying that I did not replied to the claim in the first place. The postal date on the envelop is 08 October and strangely the court sent this letter to that the old address that was redirected before. It appears that the court even did not see my acknowledgement where I had put a new address for communication, and my correspondences with the court have been misplaced at the court and for some reason they have not been added to the case.

Yesterday I quickly emailed the court and told them there should be a mistake on their side. I sent them this timeline and asked them to retrieve my correspondences and withdraw that default judgement, and work on my application.

I understand that I need to take steps for this without submitting to the court's jurisdiction. The claim is a bout a real estate property (immovable property) in a civil law country which on paper based on international private law the governing law is the domestic law of that country. The claimant tries to bring the case to the English court and I suspect it is to take advantage of technicalities and frustrate me here (the claimant is a solicitor who was the buyer and drafted our agreement). I will share more details later on this strange case which has huge emotional, health and financial difficulties imposed on me since a few years ago I desperately have been trying to understand what I signed several years ago and get legal advice. I have have my lawyer in that country and the other party also had introduced someone, but tries to ignore all foreign elements in the claim and stating untrue stories..

But for the time being I must deal with this urgent missing documents' matter without submitting to the English court's jurisdiction. In my research on this I found that I must be clear in my further communications with the court that "I am taking such steps without prejudice to my right to challenge the English court's jurisdiction".

What should I do? Is it better to send another email to the court with photos of me delivering correspondences in person via the courts drop-box and add that clarification, and/or sent a hard-copy (this time by recorded delivery?). What am I missing to see here now? How can I ask the court to send me all documents or claim related things they have on me without submitting to their jurisdiction? Really appreciate your help!

Many Thanks!
Francis

[atticus]

You need to apply to set aside the judgement, on these grounds.

[FRANCIS71]

Thanks, ATTICUS, a quick question:

By "these grounds" do you mean "the timeline of eventd since the claim was sent" or also with those additional explanations about the case?

[JK2054]

al contributes, you need to apply promptly though

[JK2054]

actually first i would submit a complaint to the central london county court via the HMCTS complaints form

[FRANCIS71]

Thanks for the help and suggestion! Yes I will complain. They haven't replied to my email yet but when I called they told that my files are there in the system.

My witness statement and evidences are almost ready to send them quickly. Shall I give a draft order as N244 asks about it? if yes what is it? I wrote in my draft application that want the court to set aside that default judgment and any further actions and/or effects relying on that judgment. I checked and CPR 40.12 set rules on correcting errors, so I assume that they should put things right quickly.

Many thanks!

[FRANCIS71]

Just submitted the complaint.

submit the application in a day or two?

[atticus]

Not a day or two but now.

[FRANCIS71]

Thanks! submitted the application to set aside the judgment too.

What else can I do? what if that happens again? for this application? I asked this in my complaint too but really what can be done?

[FRANCIS71]

UPDATE: HELP!

I haven't heard about my application to set aside the default judgment and my application on the contesting the jurisdiction.
not heard about my formal complaint. I have the acknowledging email.
not heard back from the enquiry email address of the central london county court

BUT: Today I received another copy of the judgment by default with the same date of 8 October, again redirected to that same old address by the court.
&
The other party sent a letter attaching the default judgment ....


I am really confused what is going on here! Am I and my filing are invisible to the court? When I called they told me that they could see my filesa in the system and that I should receive a letter about my application contesting the jurisdiction in a day or two....

Instead I am getting these! I am really distressed by all this!

[FRANCIS71]

emailed back to the acknowledgment of my complaint and added these new information.

is there anyone else received two copies of an erroneous default judgment in a few days??

[JK2054]

gotta be honest thats such a london county court thing to do.

to me it sounds like someone has said resend a copy of judgement to the new address, but someone else in a diff department has sent it to the smae address because the addresses are on the system, its automated not manual,

just wait for your application + the complaint to come back

[FRANCIS71]

Thanks! Sure

[JK2054]

have you heard anything yet?

[FRANCIS71]

thanks for asking. no! not a thing about my complaint or my applications.

I called the central enquiry number and was told that my application on jurisdiction was sent to a judge one month after it was submitted but my application for setting aside that default judgment has not been processed yet. And they told me that my letter dated 18.09.2024 for informing the court of the change of the address cannot be seen in the system and they think it has not been processed yet...

I emailed the central london county court enquiries email again, one email asking for an update, and one email to remind them the change of address again.

Really frustrated, and the other party says that since the court didnot notify her about my replies, she can do whatever she wants.... basically putting pressure on me...

really don't know what is going on, and what to do now.....