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

[FRANCIS71]

silence from the court side that only works against me. I feel invisible...

[JK2054]

ok so she is right unfortunately, but what you've said makes more sense.
Essentially your playing with the backlog of the RCOJ which is easily 2-3 months. Unfortunately that means it will be new year until anything happens with it most likely

however in the meantime just let the claimant do what they want. however, assuming this is an individual debt, do not open the door to anyone, pay anyone anything etc.

[FRANCIS71]

The hmtcs complaint form said that they aim to reply within 10 working days and tomorrow is the 10th working day from my complaint. Am thinking to go to the next level of complaint procedure if not hearing from them tomorrow. Is it a right move or will it just annoy the county court and works against me? It is the first time I am dealing with a court proceeding. No idea about the culture there.


Yes, Agree! I dont want even reply to the claimant. Although she might go ahead to put a charge on my house, but I think it will be sorted out when the default judgment gets set aside.... am I right? Or is it my blind trust in the system? I had wrote her and had told her about the errornous judgment and asked her to call the central court enquiry number to get an update herself. Wouldnt putting a charge on my home be interpreted as "bad faith"?

Really hope to hear about my applications.

Many thanks for your follow up!

[JK2054]

1) You can't go to the second level of complaints procedure until you've exhaused the 1st
2) They can apply for a charge, but that has a hearing, and at the hearing if you prepare properly their application will be refused
3) Don't tell her to do anything, just keep a record of what is said. Bad faith means nothing.

All the best.

Regards,

[FRANCIS71]

Noted! Thanks

[JK2054]

welcome

[FRANCIS71]

UPDATE

I visited the public counter for the county court. The person on the counter was also surprised what happened in my case and kindly gave me the prints of letters I should have received.

- Print of the letter by court dated 11.10.2024 acknowledging the receipt of my application dated 11.09.2024. The letter says that they already sent me a sealed application to send it to the other party, nevertheless, I never received that sealed copy that is mentioned in that letter. In my application I had provided 3 copies of the application bundle to the court to serve to the other party. The letter says that they the court returned a copy of sealed application them to me but I haven't received anything to serve on the other party. The court still uses my old address but even if they had sent it to my old address there is a postal redirection in place so I ultimately receive postal letters and communications. what to do now?

- a print of another letter from NCBS about interim charge order to put charge on my home, dated 24.10.2024. and again it ignores the fact that the fact that the default judgment was an error at the court side, and my replies are clearly there in the case data management system for my case. I did not receive this letter as well.

- a print of a letter dated today 30.10.2024 for informing the hearing date about my application although doesn't mention if it is for which or both applications. I feel lucky to get this print today as there is no guarantee it will be actually sent out. Will update on that.

I was told that the case was sent to NCBS and told me to contact them but the claim I received is from central london county court and the judgment too and I haven't received any update or official information on the change of the court. I was told that they send all documents to NCBS, although the hearing is in the county court.


Please help me to understand what to do now. Many thanks!

[JK2054]

whats NCBS?

[FRANCIS71]

My mistake. it is CNBC (Civil National Business Centre)

I just called them and they could see my application dated 11.10.2024 and but not the set aside application. When I said that given CPR 11 and CPR 10 I followed the procedure and the default judgment was by a mistake, they put me on hold and then asked me to contact the county court again and that they don't have the case and they sent the case to the central london county court, and don't have anything.

The person on the phone clearly did not know that the form acknowledgment of service has another option to choose and follow its related procedure.

Even that first application submitted in accordance to CPRs 11 and 10 clearly should show that they made a mistake and they need to correct it. Can I submit another complaint for CNBC?

[JK2054]

no so its with central london county court now, everything needs to go to that court .

[FRANCIS71]

Sure, thanks!

[FRANCIS71]

One of the letters I obtained a print of at the public counter was the court's letter dated 11.10.2024 that acknowledging my application of 11.09.2024 and saying that they sent me a sealed copy of the application to serve the other party. I again have not received that sealed copy as well. I informed the county court on this via email. Shall I send a letter by post clarifying this?

What should I do to protect my self against any future accusations about not serving the application to that other party? The hearing is in early December.

Thanks!

[JK2054]

sounds like a CLCC mess tbh.

Try go to the public counter again, staff there should be able to print and get you court sealed copies to serve on the other parties.

[FRANCIS71]

what is CLCC?

I will go, although he said that they sent all files and the case to NCBC, but NCBC too told me to contact the county court.

one of the prints I got was the interim charge application notice dated 24.10.2024 issued by NCBC and giving 14 days to send an objection letter. I am preparing this on the grounds that

a) the application to set aside that default judgment already submitted and pending;
&
b) the the the oppirtunity for the claimant to put forward plthis application resulted from practical challenges I have been encountering ... my filings not processed in a timely manner, not recieving letters and documents...and that the claimant being a solicitor uses these procedural opportunities to put pressure on me procedurally instead of dealing with the merit of the case... I feel it is important to somehow documenting what is going on in an objective way.

I want both send the objection to NCBC and also apply to the county court....to make sure it might reache the right person in the right time....whatever mess it is it perfectly works against me.

[FRANCIS71]

CNBC i mean