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DCBL: telling me I have a ccj I don’t have.?

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  • System
    System Posts: 178,096 Community Admin
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    ixworth wrote: »
    In any case, if you genuinely haven't received any documentation about a court case or the apparent resulting CCJ then you stand a chance of getting the set-aside fee back.

    This is not correct. A creditor in a claim is only required to serve notice and make a CCJ claim at the last known address on file. If a debtor doesn't update their details then the defence of not being notified because correspondence was sent to a previous address will not work - the Loans and Credit File boards are full of cases like this. In this case if the poster moved house and didn't update their V5 with the new address then they have no defence.

    DCBL are a debt collection company who also enforce High Court Writs, they're not a mickey mouse local firm you can fob off. If they've given you a CCJ reference number there's a high probability it exists.
  • Coupon-mad
    Coupon-mad Posts: 132,029 Forumite
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    edited 8 April 2018 at 6:12PM
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    Tarambor wrote: »
    This is not correct. A creditor in a claim is only required to serve notice and make a CCJ claim at the last known address on file. If a debtor doesn't update their details then the defence of not being notified because correspondence was sent to a previous address will not work - the Loans and Credit File boards are full of cases like this. In this case if the poster moved house and didn't update their V5 with the new address then they have no defence.

    Please stop misleading people on this forum. The bit in bold is NOT TRUE.

    Of course they have a defence to set the scam CCJ aside and people do here, all the time.

    Do you work for a PPC?

    Do you run a PPC?

    Or do you work for DCBL?

    You post as if you have a prior agenda and want people to pay. Do you?

    :mad:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Ignore Tarambor's advice in this forum


    It's incorrect and he seems to have an agenda for posting in this forum
  • Donowl1981
    Donowl1981 Posts: 51 Forumite
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    Yes I am confused too, although not complaining as I have taken a mortgage and loan out over the Last year.
    I have now done a trust online check for my name and entered my previous address ( from 4 years ago) and the CCJ is showing. Am presuming it’s only a matter of time before everything is linked up.
    I really want to do a set aside, is this realistic for someone who has absolutely minimal legal knowledge and very little time? Will I actually have to attend a hearing?
    Thanks
  • Donowl1981
    Donowl1981 Posts: 51 Forumite
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    Also the vehicle in question was sold before I moved.
  • Coupon-mad
    Coupon-mad Posts: 132,029 Forumite
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    edited 6 April 2018 at 3:21PM
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    Donowl1981 wrote: »
    Ok thanks, am in two minds to be honest, really don't want to pay these tvvats, but then £255 for the set aside and then the possibility I will have to just pay the debt anyway?

    Why would you have to pay a fake PCN from pre-POFA 2012, when keepers could not be held liable?

    IMHO, you cannot lose this one as long as you do not say who was driving.
    TO 07/03/2017
    The info shows they filed this claim in March 2017.
    I really want to do a set aside, is this realistic for someone who has absolutely minimal legal knowledge and very little time?
    Yes, everyone here who is in your shoes can do this, it's not difficult, copy from another one.
    Will I actually have to attend a hearing?
    Yes, a SHORT 'set aside' hearing where you simply explain why you were unaware of the claim, so had no chance to defend it, and that you acted quickly when you learned of it, and that you have good prospects of successfully defending it.

    Which a keeper does, because like I said, this was pre-POFA. You CAN'T be held liable for this scam.

    Start by reading the NEWBIES thread post #2 which gives examples of set asides at the bottom of the second post. And search the forum for draft set aside order £255 to read what to put in the draft Order to accompany your Witness Statement and N244/and the £255 fee (that you will be asking the court to order refunded).

    When you read other successful set aside threads you'll be relieved to see how potentially easy this is.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Donowl1981
    Donowl1981 Posts: 51 Forumite
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    Thank you Coupon Mad
    Appreciate your advice immensely.
  • Coupon-mad
    Coupon-mad Posts: 132,029 Forumite
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    Honestly, do that search I suggested and you will see how easy it is when you read all the other set asides on here, done by ordinary, busy people, some of whom also get the £255 fee refunded as well.

    I recall replying only this week, on a set aside case, suggesting a 5th and 6th sentence to add to a Draft Order, to cover a person to hopefully get their wasted costs back, if the Claimant discontinues after the CCJ is set aside (as it will be).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Donowl1981
    Donowl1981 Posts: 51 Forumite
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    Thanks again
    Have have had a read through some of the threads now. Is there a particular basic response you would recommend regarding what you would put to tell the judge why you think you would win if the case went back to court? One that is generic to cases this old?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Pre pofa!!
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