Complicated case made more complicated with CNBC delays complaint letter help please

[lillianCrump]

Operations Manager

Civil National Business Centre (CNBC)

St Katharine’s House

21-27 St Katharine’s Street

Northampton NN1 2LH

Subject: Formal Complaint- Xxxxxxxxxx - Procedural Errors and Refund Delays L02Zxxx9 L02Zxxx0 L02Zxxx1 and L02Zxxx2 consolidated to L02ZAxxx9

Dear Ms.Xxxxxx,

I am writing to formally raise my concerns regarding the handling of claims brought against me by Mr.xxxxxxxxx, as well as the ongoing delay in processing a £909 refund that I was assured would be issued in September 2024. The procedural errors in these matters have caused significant financial hardship and severe emotional distress.

1. Court Errors and Procedural Issues

In a letter dated 9 May 2024, CNBC acknowledged that judgment was entered incorrectly on claims L02Zxxx9, L02Zxxx1, and L02Zxxx2, stating:

“Judgment was entered early on these three claims. I’m sorry you had to pay to set aside the judgment when you’d sent in your defence in time.”




Despite this admission, procedural mismanagement continued, significantly escalating my legal and financial burden.




I was initially advised to consolidate multiple claims brought by Mr. Xxxxxx due to ongoing administrative delays at CNBC. However, rather than simplifying the matter, the consolidation resulted in:

• An increased claim value, pushing it beyond the £10,000 Small Claims threshold, forcing me into Fast Track or Multi-Track, requiring costly legal representation.
• Two struck-out claims (L02Zxxx1 and L02Zxx2) being improperly reintroduced, inflating the total claim value beyond £30,000.
• Severe disadvantage, as Mr xxxxxx had already reviewed my original defence and evidence before submitting his amended claim with legal assistance.
• An unfair procedural burden, requiring me to respond to a significantly altered claim within two weeks, without sufficient resources for legal representation.

The Position

Claim Number	Nature of Claim	Sum Claimed	Status
L02Zxxx9	Protection from Harassment Act 1977 – Damages, plus counterclaim for admin costs, loss of income, and harassment damages	£5,000 (+ counterclaim £5,000)	Live
L02zxxx0	Common assault (civil claim) and costs of re-homing following alleged eviction	£4,795	Merged into L02ZA069
L02Zxxx1	Recovery of costs relating to an Occupation Order in Family Court	£5,000	Struck out
L02Zxxx2	Contempt of court, alleged failure to mediate, claim for value of possessions and costs relating to property	£19,628	Struck out

Despite CNBC confirming that L02Zxxx1 and L02xxx2 were struck out, elements of these claims were later reintroduced into L02Zxxx9, inflating the total claim value beyond £30,000. This procedural error has forced me into a more complicated position which has been out of my control.




Additionally, I maintain that these claims should have been directed to my late mother’s estate, not me personally. Mr. Xxxxxx has refused to engage with my sister, who is responsible for estate matters, causing further delays in the return of his possessions and complications in the sale of my late mother’s property.




Furthermore, I have been advised that I must now undertake additional procedural steps at significant cost, including:

• Amending my counterclaim to reflect the ongoing harassment from Mr xxxxxx and his litigious reintroduction of struck-out elements.
• Applying for and serving an amended defence and seeking legal advice on agreeing directions for the next steps.
• Attending a case management conference, which will require barrister advice (£1,800 + VAT).
• Solicitors fees to date on understanding such a complicated set of circumstances amounting to over £4000.

This situation is financially unsustainable and should never have arisen due to CNBC’s acknowledged errors.

2. Refund Delay (£909)

I am still awaiting a £909 refund for set-aside fees I paid due to CNBC’s procedural errors in L02Zxxx9, L02Zxxx1, and L02Zxxx2. Despite being assured in September 2024 that this refund would be processed, I have received no payment to date.

While I understand that xxxxxxxxx County Court is responsible for issuing the refund, CNBC was responsible for the original mistake. Given this, I request urgent intervention to ensure the refund is processed without further delay.

3. Financial Burden and Mediation Issues

Due to the escalating claim value and complexity, I was forced to seek legal representation, incurring over £4,000 in solicitor fees. However, due to ongoing costs, I have been unable to continue legal support and need to fathom out how this whole mess can be dealt within the courts legal framework

Additionally:

• I was ordered to fund and participate in mediation, further increasing financial strain, because the consolidated claim exceeded the £30,000 threshold.
• I was unable to settle at mediation, as the claim was improperly made against me personally rather than against my late mother’s estate, where I have no authority to make decisions without the estate’s legal representative and a solicitor acting on behalf of a minor who is a beneficiary.

These circumstances have placed me under extreme financial and emotional distress due to no fault of my own.

4. Actions Requested

I request the following urgent actions:

1. Immediate processing of my £909 refund, with written confirmation of when the payment will be issued.
2. A full review of the procedural errors, including:
   • Why claims outside the court’s jurisdiction were initially accepted and then able to be reintroduced as a totally substituted claim.
   • Why the consolidation of claims to make administration easier artificially increased my legal and financial burden.
   • Whether Mr xxxxxxxx has paid the appropriate court fees for his amended claim.
   • Clarification of the actual claim value, given that two claims were struck out yet reintroduced.
   • Clarification that Mr xxxxxxxx has contacted the court after the last ordered deadline to continue with his claims.

1. Clarification on costs recovery, including whether I can reclaim legal fees incurred due to these errors.
2. Confirmation of any further steps available to rectify this situation without incurring unnecessary costs.

I will already have to apply to the courts to be allowed to submit a correct defence and counterclaim, incurring further expenses due to CNBC’s procedural mismanagement. Given the severe financial and emotional toll, I request an urgent resolution to these matters.




I appreciate your attention to this complaint and look forward to your prompt response. Please let me know if you require any further information.




Yours sincerely,

[ULA]

lillianCrump your post appears to be lengthy correspondence detailing a complaint you wish to raise with CNBC. To assist the LB community we need more information regarding what advice you are looking for and some context. Many thanks.