Ccj issued in error as defence lost by courtlost by court clerks

[Annmarsel]

Hi all, im struggling to understand what to do next so please offer help. Myself and my husband got claim against us from our party wall surveyor. He issued paper claim. I acknowledged claim that was in 2020 but was waiting for particulars of claim, never arrived. Few years later I have received form asking if we want to defend the claim. We did prepared strong defence consulting with other survoyer who in depth anylised surveyor party wall and said its null , invalid. Based on that we wanted to defend ourselves. We had 1 claim nr against us both. For some reason court clerk noted only my defence not my husband so he got court order judgement. We were adv by court clerk to fill in form N 244 as they have not noted that defence wss for us both, even claim had only 1 nr against us both. We did N244 and were waiting to hear anything back. It took nearly a year and as we wanted to remortgage we noted ccj in default. To my shock i contacted small claims court again, wrote complain and they have admitted human error and that they can see all our defences. In May 2023 they said case is refered to district judge to set aside. I contacted them today and still no one knows whats going on. They said to contact Watford court- i did but they dont have our case transfered yet. Im lost for wirds. My mortgage is 10% now cause of ccj. Please help how to progress with this case as small claim clerks keep telling me that my case is under investigation. Now i truly regret i ever started this defence, as its total mess.

[echat11]

Hi AnnMarsel

Welcome to LB

Write a Formal Complaint (mark it as such), explain what's happened, how it's effected you personally, stress, financial etc and what you want them to do. Make sure you use paragraphs and list the time line of events. Follow their complaints procedure.

Mark it for the attention of the Court Manager.

Email it to enquiries.watford.countycourt@justice.gov.uk

[Annmarsel]

Thank you for response. Watford court doesn't have my file yet. It wasn't tranaferred yet from small claims yet. I will write another complain.