Author Topic: Received notice of Judgment for Claimant (in default)  (Read 127 times)

0 Members and 3 Guests are viewing this topic.

Received notice of Judgment for Claimant (in default)
« on: »
Hello

I read the thread on HMCT issuing CCJs incorrectly and I think it applies to me. DCB legal have been sending letters before claim and I've responded to those within 30 days and in the last exchange in March/May I told them they had still not given me the information I requested and that they needed to so I could prep my defense.


The last date from them was March, the last reply from me April, within the 30 days, and nothing until today when a CCJ default judgment falls through my letterbox.


I can't tell if its the same as the example in the sticky because the picture in that thread says 'content not viewable in your region' (accessing from UK).


I haven't ever received any notice of a claim being raised in the courts in the first place, it was only letters from DCB legal. Never any MCOL, nothing, just the judgment today.

Is the best course of action paying then applying to set aside or raising the lack of an actual claim raised?  Is it possible DCB applied for judgment in default despite my being in touch with them more than once (I received acknowledgment emails to each of my replies so I have the paper trail)

Share on Bluesky Share on Facebook


Re: Received notice of Judgment for Claimant (in default)
« Reply #1 on: »
I think your first step needs to be to contact whoever sent the default judgement and ask them what’s going on. I wouldn’t pay anything yet because this could be a route involving a lot of money and difficulty to unravel.

The “content not viewable” is because imgur is now blocked in the UK but wasn’t at the original time of posting.

Re: Received notice of Judgment for Claimant (in default)
« Reply #2 on: »
The judgment was sent by HMCTS.  Did you mean contact the lawyers or the courts?

I don't want an erroneous judgment being entered in the open register of course.  The letter date is a few days ago.  I'm presuming there's a period where payment can be made prior to any appeals to make sure that enter in the register doesn't happen?

Re: Received notice of Judgment for Claimant (in default)
« Reply #3 on: »
I just had a look at the pictures in the HMCTS thread using the VPN. They’re the same as the letter I received.

Is there a recommend course of action?

Re: Received notice of Judgment for Claimant (in default)
« Reply #4 on: »
As per the read me first sticky, post up the docs you have received. 

Re: Received notice of Judgment for Claimant (in default)
« Reply #5 on: »
Here are the redacted docs

Image Hosting, Image Upload, Picture Hosting
imagebam.com



Image Hosting, Image Upload, Picture Hosting
imagebam.com



Re: Received notice of Judgment for Claimant (in default)
« Reply #6 on: »
I don't want an erroneous judgment being entered in the open register of course.  The letter date is a few days ago.  I'm presuming there's a period where payment can be made prior to any appeals to make sure that enter in the register doesn't happen?
Within one month of the date on the form, which you have obscured for some reason. It says this on the form you have posted.

Re: Received notice of Judgment for Claimant (in default)
« Reply #7 on: »
I don't want an erroneous judgment being entered in the open register of course.  The letter date is a few days ago.  I'm presuming there's a period where payment can be made prior to any appeals to make sure that enter in the register doesn't happen?
Within one month of the date on the form, which you have obscured for some reason. It says this on the form you have posted.

Ahh yes I see that now. I hadn't read those bits before.  I've redacted any potential identifying information from the form. Is that what you meant by obscured? I removed the reference number alongside anything else that I thought might be particular.

You said earlier in the thread that contacting whoever sent the judgment but that wasn't completely clear to me. HCMTS sent the judgment but were you referring to the people at DCB legal that were acting for the claimant?

Re: Received notice of Judgment for Claimant (in default)
« Reply #8 on: »
If you think the court got it wrong, follow the instructions on the form and contact the court. DCB Legal has nothing to do with it.

Re: Received notice of Judgment for Claimant (in default)
« Reply #9 on: »
Ok but the whole reason I started this thread was the fact there's a sticky saying HCMTS are potentially sending erroneous judgments to people.

My case is the first of the two options - receiving a default judgment without having received a Claim Form - and the sticky says to let the forum know.  I'm doing that and asking for advice on how to approach HCMTS in respect of a likely error on their part in the hope someone will have encountered the same situation before and have info they can pass on.

Re: Received notice of Judgment for Claimant (in default)
« Reply #10 on: »
This does seem like a court error rather than a failing on the part of the claimant. An application to set aside would be wise. Might be worth phoning the court if you can get through to someone, to highlight the issue and see if there's a way to go about it without having to pay a fee (albeit you could seek to get the fee back).

Re: Received notice of Judgment for Claimant (in default)
« Reply #11 on: »
This does seem like a court error rather than a failing on the part of the claimant. An application to set aside would be wise. Might be worth phoning the court if you can get through to someone, to highlight the issue and see if there's a way to go about it without having to pay a fee (albeit you could seek to get the fee back).

Yes I really hope there is. The fee is £313 it says.  That's more than the amount claimed even with their debt recovery fee added on.  I've contested the parking charge from the start and the comms with DCB legal were progressing.  I'm wondering how they managed to just issue a default without ever issuing a claim form in the first place. 

Re: Received notice of Judgment for Claimant (in default)
« Reply #12 on: »
I have received a similar letter today from Court within a same A4 page saying judgement has been passed ( by default)
I received the claim form and then replied to it using money claim online website. Even that website shows reply was sent to them and then it shows a judgement passed today which is not clear to me if its the next course of action or is that sent in error to me?

Image Hosting, Image Upload, Picture Hosting
imagebam.com

Image Hosting, Image Upload, Picture Hosting
imagebam.com