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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am having issues with the mickey mouse money claim online

Customer Question

I am having issues with the mickey mouse money claim online service, unfortunately having attended my local county court to issue proceedings in my constituency, I was advised to issue via the mcol service.
I have issued proceedings against the child support agency on the 06.06.2014 i was advised by the judge in northampton I could not issue against the crown, and to change the defendants name to the DWP, which I did on the 30.06.2014.
however, the request is misleading, am i to change the original application from the 06.06.2014 or both, the need to re serve is and should be dispensed under the cpr rules as the documents were served on the correct and valid address.
do i put a cover letter attached to the both sets of n244 forms marked in red, the defendants didnt even respond within the 30 days allowed. nor 60 days.
I should also be requesting judgement, the issue is on relation to damages for breaching the data protection act on three separate occasions, which, having reported to the ico did absolutely nothing. other than confirm they had broken the law.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Are you only applying to change the na,e is that right? Or are you asking what to do now if they have not responded?
Alex
Customer: replied 1 year ago.

Hi, please see the amended n244 i filed on the 30.06.2014,

Attachment: 2015-05-04_095347_n244_efor_csacase30.06.2014.pdf

, i have followed what the judge initialy advised in changing the defendants name to DWP, even though I did that, the strike out was still in place.

technically, I should be applying for judgement, changing the defendants name, possibly a set aside request as well.

thanks for your help

Customer: replied 1 year ago.

the mcol service have advised me to pay an additional £50.00, fill in the amendments in red and attach a cover letter outlining everything as already stated on the n244.

Expert:  Ash replied 1 year ago.
So you did amend? Did they file a defence?
Customer: replied 1 year ago.

Hi, no they never filed any defence within the legal time frame, in between that, the judge then stated I could not file against the crown. and to change the defendants name, which I did as per the documents attached, however, once i changed it, they came back again and said the claim would be struck out. i filed to change the name, set aside, and to apply for the order, now the mcol service are asking me to pay again and re file new papers. i paid under the old pricing plan, and should not have to pay again at the increased rates, especially when my claim was sat in the ether of mcol doing nothing, i never received the response from them until last week.

Expert:  Ash replied 1 year ago.
Why would the claim be struck out?
Can you attach copies of the court orders?
Customer: replied 1 year ago.

copy of emails exchanged between me and mcol

Good afternoon Mr Blower,

Your email has been passed to me to respond to as a query by a member of staff. You have asked for the current status of your claim, as well as the details of how to make a complaint about a judge.

Your claim was struck out on 9th April 2014. You have since made an application in relation to the claim, which was referred to a DDJ for directions on 11th June 2014. This application was refused and an order to that effect was sent to you 27th June 2014. You then submitted a further application, but this was returned to you as you did not provide sufficient evidence in support of your application for fee remission. No further action has since taken place and your claim remains struck out.

I have included an extract of the complaints guidance provided HMCTS giving details of how to make a complaint about judicial conduct. The full leaflet is available at http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex343-eng.pdf.

Judicial decisions

If you feel that a decision made by a judge is incorrect, the proper course of action is to consider whether to appeal the decision. We cannot help you to decide this or resolve it through the administrative complaints process so we suggest you seek legal advice.

Judicial conduct

If you have a complaint about the way a tribunal judge or panel member, a court judge or magistrate has behaved towards you, you must lodge your complaint with the relevant office within three months from when this happened.

i) For judges sitting in Crown and County courts, High Court or Court of Appeal contact the Judicial Conduct Investigations Office, Room 81-82, Queen’s Building, Royal Courts of Justice, Strand, London, WC2A 2LL, or email, *****@******.*** or make your complaint online at http://judicialconduct.judiciary.gov.uk/

If you have any further queries, please feel free to get in touch.



Kind Regards

Rebecca Scarborough

Customer Insight Team Leader
County Court Business Centre

Tel: 0300(###) ###-####/span>

I am not authorised to bind the Ministry of Justice contractually, nor to make representations or other statements which may bind the Ministry of Justice in any way via electronic means






From: Chris Blower [mailto:*****@******.***]
Sent: 30 March 2015 11:27
To: Ccmcc Customer Enquiries
Subject: A3QZ6773



To whom it may concern






I am advised to contact you in reference to the above claim, I have concerned as to the damaged status of my claim, through issue with the claim service.







I have changed the name of the defendant, as requested by the judges who assessed my case, the legal documents have been served correctly in accordance of the CPR. Only to find, after doing so, the judges then decide to deliberately block my claim.







This has raised serious concern over my equality and rights as well as my human rights.







Please clarify what the status of my claim is, and the details for making a complaint against a judge, in addition to what you are suggesting.







I was advised by my local county court that I had to issue proceedings via the MCOL service, the mcol service are suggesting different.







My whole claim appears to be getting contrived at every opportunity by the justice system, despite the fact I have followed direction.







I await your response







Mr C Blower






















Customer: replied 1 year ago.

he said i could not make a claim against the crown as the reason, all be it i was wrongfully advised by mcol a complaint went in against them. i re filed and paid for the amendment on the documents dated 30.06.2015.

he came back saying application was refused because i needed to pay another fee of £50.00

Expert:  Ash replied 1 year ago.
Why was the claim struck out?
Customer: replied 1 year ago.

he said i cannot make a claim against the crown

Expert:  Ash replied 1 year ago.
But did the court accept you could amend your claim? Was an order given by the judge allowing you to do that?
Customer: replied 1 year ago.

Yes , the judge in fact ordered that the claim should be made against the DWP, hence why i changed it and re submitted the claim on the 30.06.2014, after doing this, he then came back and advised the claim was refused as he deemed it to be a claim against the crown.. i actually feel like i should be making a formal complaint via the sra or moj about that judge

Expert:  Ash replied 1 year ago.
So the judge struck it out?
Customer: replied 1 year ago.

yes, the first time, and then refused my ammendment

Expert:  Ash replied 1 year ago.
Just so I am clear. Do you have an order allowing you to amend?
Customer: replied 1 year ago.

have you any advice to give at all??

Expert:  Ash replied 1 year ago.
Not yet, I just need you to give me the infraction I need first please.
Customer: replied 1 year ago.

what are you talking about, infractions, violations!!

Expert:  Ash replied 1 year ago.
Do you have a court order allowing you to amend ?
Customer: replied 1 year ago.

no, the judge instructed me to amend the application, which i did and paid, and then he refused the application, in what i can only construe as shear vindictiveness

Expert:  Ash replied 1 year ago.
Did you seek leave to appeal.?
Did the judge say why it was refused?
Customer: replied 1 year ago.

he struck the claim out saying it was a claim against the crown, he advised it should be the dwp , i filed the amendment paid again, and he then refused it advising it was a claim against the crown.

Customer: replied 1 year ago.

You know I honestly thought this would be a decent service, since i filed the question at 9.32 am this morning, we have achieved nothing, I have learned nothing positive from you. I assumed i could use the service given its a bank holiday and get a speedy response, however it hasn't proved useful in any way at all so far. I could of used a thirty minutes free assessment at a solicitors in my locality, but thought this service would be superior. please clarify if you intend on providing me with some kind of legal clarification as a way forward, so i can pay you. if not i will ask for a refund from the site.

Expert:  Ash replied 1 year ago.
I am only able to provide the response once I have the full detailed information that I asked for to elect them the correct and legal answer. If the claim has been struck out all you can do is seek to set that aside or leave to appeal. There is nothing stopping you from issuing a claim again against the correct defendant.
This may be cheaper for you than a permission to appeal hearing. However you can of course complain about the conduct of the judge, you can't contact the Sra as it is nothing to do with them. To complain directly about a judge you can do this for free at
http://judicialconduct.judiciary.gov.uk
So the options are
1) appeal
2) issue again
3) complain about the judge
Can I clarify anything for you about this today please?
Alex

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