Free Traffic Legal Advice

I had an email auto response back when i sent it but cannot find that email now.  I am on the phone to the court now in a queue to see if they have a copy of this email as it is my only proof that I responded.  In hindsight I wish I had replied back on the MCOL website as at least there is 100% proof that it is resonded to.  I am going to hazard a guess and the operative on the phone will say they dont have access to emails etc or they never received it.

You can set the judgement aside, but there is a court fee of up to £313! That's more than the fine! I am not sure how I can change the outcome of this? Gutted.

Please confirm that you never received the N1SDT Claim Form and response pack in the post from the CNBC. Also, please confirm that what you have shown us is both sides of a single A4 page with the cover letter for the Claim Form on one side and the N30 Judgment of Claimant (in default) printed on the other side.

I am already dealing with an identical case for a friend where not Claim was received and only a single A4 page with the same as described above on it.

So, if this is the case, please confirm.

I don't believe it. This is the third one this week that I have seen with this gross error by the CNCB.

Please confirm that what you received is a single A4 page with a Claim Form cover letter printed on one side and the N30 Judgment for Claimant (in default) printed on the reverse.

I am dealing with an official complaint to the CNBC and HMCTS as they are advising defendants in these cases to apply for a set aside with an N244 application that costs £313 and would be unrecoverable by the defendant as the claimant has not erred.

I expect the CNCB to use their administrative powers to get the CCJ set aside under CPR 13.2 at no cost to the defendant. Please PM with your details so I can add you to the list. (assuming I am correct in that what you have shown us are both sides of a single A4 page).

Are you saying that you also received a Claim Form and response pack before this letter?

So, you did receive a claim form and response pack, because we gave you the defence to submit. The advice for the defence told you where to email it to and it al said to CC yourself. Did you CC yourself?

You should have both an auto-response from the CNCB and also a copy of the email that was CC's to yourself. That is enough evidence that you responded to the claim.

The original poster does not have either of these any more. About 6 posts back, I asked the similar question.

Update. I have contacted the court and they are going to rehear the case as they messed up. They wrote to me today and advised ..
I acknowledge receipt of your defence. A copy is being served on the claimant.  The claimant may contact you direct to attempt to resolve any dispute.  If the dispute cannot be resolved I formally the claimant will I form the court how he wishes to proceed.  The court will then inform you of what will happen.
Where he wishes to proceed the claimant must contact the court within 28 days.  After that period has elapsed the claim will be stayed.  The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Out of interest i had until 17th July to pay the court debt. This was an error on their behalf and now dcb have applied for a CCJ less than a month from when I had to pay.