CCJ without defence or warning letters

[DOS]

Hi All,

I received a CCJ judgment in default letter from the Civil National Business Centre in the post 5 days and told to pay in full within a month or the CCJ will remain.

I believe this is for a parking ticket or so from Civil Enforcement Limited which I am not aware of or ever responded to.

My questions are;

1) why there is no letter from the court asking for my defence or response before sending a judgement?

2) there is no case of letter being sent to my old address 2 years ago I left there or missing in the post as to counter the my defence. Does it seem like the new way to proceed with CCJ?

3) Is there a way I can deal with it rather than N244 form as not defence form.was sent?

4) not sure if the claimants and the court are working without the consent of the defendant to speed up this ccj thing on us?

Any help to all questions will be greatly appreciated.

Dos

[pc52straw]

This seems to be happening a lot.

Based on direct observation, the system is so FUBAR that right now a roboclaimer could probably send in an N1 suing someone for a completely cut-and-paste cause of action and for a sum spat out by a random number generator, put down an address they've never verified for the service address, wait for the deadline to expire, and apply for and get default judgment without the defendant ever seeing anything about it at all.

I've even seen this happen where a claimant knew all along pretty much every current and effective way to contact the defendant about the debt (because they were in regular contact and lived nearby each other), but never sent anything at all to the other side until after they had the default judgment applied for and granted. This is possible because of a bonkers consultation in 2017 I think where it was decided by the Tories that too many people were protesting that they hadn't been served the paperwork, so they literally bent the rules massively in favour of claimants not having to provide any proof of service, forcing the defendant to prove a negative in effect.

First thing, definitely - check with the court / business centre that there actually is a default judgement issued against you personally with that reference number because there have been reports of doctored letters floating about.

I believe if there is, you have no option but to submit an N244 to set aside - but there are several good template examples up here.

[pc52straw]

(Apologies - it did it again and there's no delete option - so just ignore this one)

[DOS]

Hi,
Many thanks for the update.

I tried to call the Civil court and I've just concluded that this nation is broken. Every thing is going wrong and no one is there to take responsibility for it.

I spoke to a lady at the court that I did not received any warning letter or defence form but now received a CCJ default judgment. She responded that there is a postal issue going on nationwide and that i should check with my postal depot or so. I told her that i disagree with her suggestion as this is the second time that no warning letter/defence form received but ccj default received, why is that coincidence with me or the postal service?

I ask if this is not a concern that something going on with the creditors bypassing the process to get things done easily? She insisted the defence form was posted and gave me a complaint form to write to the court.

My honest opinion is that something is not going on right here with the creditors as no mail was sent. I stand here to see if more people will come forward with this same issue.

The system is broken right now.

[echat11]

See where the complaint takes you.

Aside, the Courts are a bit of a 'mess', the Creditors pull all sorts of stuff to get an advantage over the processes, unfortunately it needs to be navigated.

You might have to set a side the CCJ to get the case back on track. The set a side fee is less if you can get 'consent' from the Courts.

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

Send the Court a SAR, that will provide data on what was sent when.
Send a SAR to the Creditor that will provide data on the letters sent to you.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get Proof of Postage.

[DOS]

Hi Many thanks.

I have sent a letter to the court about the issue with I found unjust on my part.

I just saw something online which I need to.ask again as it says if you can pay the amount and then file a set aside a default judgement?

I also believe there is something going wrong within the postal service of the court as I have excellent postal service and someone has told.me the same thing happened to him twice.

Its like the person I called at the court is seeing that the post was made based on the screen but whats the proof that it was physically posted? That's audit has to be with the post room within the court. I believe this system should be reviewed to ensure defendant are notified by all known communication methods by the claimant.

Thanks

[pc52straw]

Did you ever get anywhere with this? There is a SLA for complaints: they're meant to answer

• 90% of First Contact complaints within 10 working days
• 90% of Review Stage complaints within 10 working days
• 90% of Appeal Stage complaints within 15 working days

[DOS]

Hi All,

From your question above, i wrote to the court and they gave me reasonable answers as to what happened and apologized to me of what went wrong. I paid the fine before the ccj one month relief date expires and moved on to see what will happen next.

See below another claimant chasing me as a result of past actions

I have a similar issue with this company called patking Eye
i recently received a small claim form from Northampton Court from which I responded within 14 days and later filed a defence within 28 days from the date of issue.

the time i filed the acknowledgement of service was early April and was not processed until late April, 2 days after a county court default judgement has been issued.

Now I received the attached General Directions of Order from the court the the judgement be set aside?

My question is:
1. As i have already requested CPR 31.14 which was not honoured by the company and have filed a defence based on the template provided, do I have to do anything at this stage?
2. What is the next stage here?

Thanks

[Pezza54]

The court will inform the claimant that their claim is now a defended claim and the court will send them a copy of your defence
In due course you should receive court notice that the claim has provisionally been allocated to a track (small claims track if the claim is under £10k) and given instructions where form N180 Directions Questionnaire can be downloaded to complete, file and serve