CCJ issued relating to a defunct claim

[ajffc1879]

Hello,

Thank you in advance for any advice.

To start from the beginning, in October of last year, I received a Claim Form for an alleged contractual debt of around £6,500. I attempted to respond to this, submitted an Acknowledgment of Service, and started to prepare my Defence.

However, after multiple communications with the CNBC over phone and email, they informed me that the claim number referenced on the form did not exist; that the document's format was irregular; and that the sticker was incorrect ('It says County Court Money Claims Centre despite that company being closed down earlier this year'). They also rejected the Acknowledgment of Service that I attempted to submit for this claim, as they couldn't find the claim.

I duly informed the claimant's solicitor of this finding from the CNBC, and they reissued the claim identically, under a new claim number, at the start of this year. I have been following the process since then, and last week submitted my Directions Questionnaire to the court within the stated deadline.

However, yesterday I received a 'Judgment for Claimant', referencing the original and first claim (the one which I had been informed multiple times did not exist), stating that I had not replied to the claim form and was ordered to pay the debt, interest and costs immediately. I also have received notice of a CCJ being added to my credit file, and today received an email from the Claimant's solicitor following up on the Judgment of Claim.

I can only assume that there has been an administrative error at CNBC which has led them to regard the original claim as being uncontested, when in fact it has been reissued, and I have been engaging in the process throughout.

Yesterday I was on hold for over 90 minutes waiting to speak to someone at CNBC about this matter; in the end, I had to dial off, but sent an email to Judgments.CNBC@justice.gov.uk summarising the situation and asking for a resolution; this email has so far gone unacknowledged.

I am on hold with them again this morning waiting to speak to someone, but given I now have to act urgently, I would be grateful for any advice on how to proceed. From my perspective, I have contested the claim in the correct channels at all times, and should now be awaiting the court mediation process.

Thank you.

[atticus]

You will need to apply to set aside the judgement, making all the above points in your accompanying statement. You could ask the claimant's solicitors to arrange for the judgement to be set aside.

https://legalbeagles.info/library/ho...-judgment-ccj/

[ajffc1879]

You will need to apply to set aside the judgement, making all the above points in your accompanying statement. You could ask the claimant's solicitors to arrange for the judgement to be set aside.

https://legalbeagles.info/library/ho...-judgment-ccj/

Thanks for your prompt response and the helpful link. It seems to me that mandatory grounds for setting aside the CCJ would apply here.

I fear it is unlikely that the claimant's solicitors will arrange for the judgment to be set aside, as I've just learned they applied to have judgments on both claims issued in their favour, despite knowing that the original claim was not valid; and in their email to me this morning, they insinuate that the judgment applies to both claim numbers, when that is evidently not the case (their application for a judgment for the more recent claim was rejected by CNBC, as I had filed my Directions Questionnaire).

For context, I have also just spoken to someone at CNBC who has acknowledged that, as the fault is on their side, I should not have to pay for the CCJ to be set aside - and I am now on hold waiting to speak to the next person...