Please help- Please help !! PCN from Vehicle control services ltd

Coupon-mad

Contact them by email and ask them to explain their calculations because they can't add money on top of an already exaggerated claim (3 x £70 would have been unrecoverable for a start, had you been able to defend) and state that you have decided to apply to have the judgment set aside because you were out of the country and unable to be served, and wish to defend the case where you are confident that you have more than reasonable prospects of success.  

Attach proof of being out of the country and ask for their client's consent to set aside the judgment, given the fact that the Defendant was abroad and was not afforded the opportunity to defend (CPR 13.3 applies - 'any other good reason' to set adside a CCJ). Another additional good reason under 13.3 is the fact the claim was exaggerated by the banned costs that the DLUHC's new Code of Practice states in no uncertain terms in existing cases, are 'designed to extort money from  motorists'.

Whilst that statutory Code was new (published by the Government on 7th February 2022) they sought judgment eleven days later and knew full well that these costs are banned and that no court could uphold them after this clear steer from DLUHC Ministers.

Give them seven days to respond and tell them you will proceed with a N244 application to set aside the CCJ without consent, if their client refuses to co-operate, so that you may defend the case.  You will also be asking the court to put any enforcement of the judgment on hold and will make the application whether they consent or not, but clearly consenting under these circumstances is the reasonable course of action and will save their client costs of an extra hearing to set aside a CCJ that meets the discretionary power of the court.

Ask them, given the fact that the 3 x £70 add-ons are banned as 'extortionate' (DLUHC), and the sum they tried to add to take it to £900+ is illegal and you will tell the Judge about it, you are willing to hear their agreement/consent settlement figure and may consider paying it if it is less than the £275 court fee.

If they are not prepared to accept, say £200 all told, to settle the claim in full, then you will also be seeking the set aside fee at the hearing, to be paid by their client in view of the unreasonable conduct of adding £210 in false 'costs' and for DCBLegal trying to add bailiff fees on top of judgment which has only just been made.

In addition, you will be reporting DCBLegal to the SRA (and/or DCB Ltd to the High Court Enforcement Officers' Association) for trying to add monies to a CCJ within days of the judgment, as they tried to do when you telephoned.  

Add that you are pregnant and a vulnerable person in that regard in terms of stopping meritless aggression from HCEOs, so they and their clients need to start acting far more reasonably or you will throw the book at them. 

 They have seven days and £200 is your offer in full and final settlement of the claim.*

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

DCBL have a bailiff arm and will send this to HCEOs as it is over £600 and you have a short window to get this done.  Make sure you include extra wording that you want the court to order a hearing to set aside the CCJ under CPR 13.3 and also to stay any enforcement or warrant of execution, given the bailiff arm of DCBL group will be preparing to send in bailiffs.

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

SoJacob

Thank you all! And thank you coupon-mad for explaining well. 

I looked into there website, however there are no email address provided instead there is an online form to email to them. This may not give me a proof that I’ve e contacted them. Also it states 

-
‘Please note, to discuss a Notice of Debt Recovery, Legal Recovery Action or Final Reminder letter you will need to contact us via telephone on 0203 434 0423 as we are unable to respond or arrange a call back using the Contact Form’ 

When I told them that I was pregnant and I wish to pay full amount, the lady told me to email the proof of pregnancy via an email hmu@dcbltd.com
i have also seen an email address for them on their website complaints@dcbltd.com

or is it best to post to them? Otherwise I can give them call in the morning and ask which is the best way to write to them? 

SoJacob

Coupon-mad said:

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

Ok, I will send them an email. But not sure which email address to choose. I have few email addresses including a one they gave me yesterday. I will follow your advice. 

But please for peace of my mind, please confirm- once I apply for set aside and the judgement finally came against to my wishes what will happen? Do I still get 1 month notice to pay the amount or will it be in my credit records for 6 years from the date of the new judgement? Since I have not paid by 18/03/22? I am looking for a mortgage and I don’t want this spoil my dream 😞😔

SoJacob

Please kindly proof read the email to thee DCBL. I will email use all available email addresses for them. Including one for complaints and the other one the lady gave me yesterday to sent the proof of my pregnancy. 

Coupon mad, I followed your advice. Thank you. 

To whom it may concern,

Claimant: Vehicle Control Services Limited
Claim Number: ….

Ref no: …..

Following me getting a claim form I have contacted you yesterday (24/2/22) to discuss the total amount and inform you that I am currently pregnant and I cannot take much stress due to past traumatic miscarriage. Therefore I thought it may be good for me and the baby to settle the amount as per the judgement on 18/2/2022 which is a total amount of £726.08, also this is recorded the same till now on the moneyclaim.gov.uk. I got another letter headed as ‘judgement for claimant (in default)’ saying I must pay the claimant a total of £750.28 forthwith dated 18/2/22. The lady from your team told me the amount I should be paying is £940.04 (she told me, this decision was made on 21/2/22) no longer the original judgement was made on 18/2/2022 Friday and the new amount created on 22/2/22 Monday. I expect you to explain the calculation in the reply of this email.

The 3 x £70 add-ons are banned as 'extortionate' (DLUHC), and the sum you tried to add to take it to £900+ is illegal and I will tell the Judge about it, I am willing to hear your agreement/consent settlement figure and may consider paying it if it is less than the £275 court fee.

If you are not prepared to accept, to settle the claim in full, then I will also be seeking the set aside fee at the hearing, to be paid by their client in view of the unreasonable conduct of adding £210 in false 'costs' and for you (DCBLegal) trying to add bailiff fees on top of judgment which has only just been made.

You have seven days and £200 is my offer in full and final settlement of the claim.

I will be also reporting you (DCBLegal) to the SRA (and/or DCB Ltd to the High Court Enforcement Officers' Association) for trying to add monies to a CCJ within days of the judgment, as you tried to do when I telephoned.  

I have decided to have the judgement set aside because I was out of the country and I was unable to be served. And I wish to defend the case. I have attached the proof of travelling. I would like you (your client) to consider consent to set aside the judgement given that the defendant was abroad and was not given the opportunity to defend (CPR 13.3 applied- ‘any other good reason’ to set aside a CCJ). Another reason is 13.3 the fact the claim was exaggerated by the banned costs that the DLUHC's new Code of Practice states in no uncertain terms in existing cases, are 'designed to extort money from  motorists'.

In the claim form it states under the particulars of claim '4. The driver agreed to pay within 28 days but did not'. I decline this and I advise you to provide the evidence of this claim. 

As mentioned before, I am a pregnant lady and a vulnerable person in that regard in terms of stopping meritless aggression from HCEOs, I expect you and your client need to start acting far more reasonably. You have seven days to respond to this email. Otherwise, I will proceed with a N244 application to set aside the CCJ without consent. If your client refuses to co-operate, so that I may defend the case.

Kind regards 

SoJacob

Hi all, 
I sharing some bits from the letter I received. Please is anyone know their point starts ‘interest rate at of 8%…..? 

Is this the reason charging me extra day by day? 

Jenni_D

Kind regards? Seriously? These muppets are trying to extort your hard-earned money from you and you're saying Kind regards? 🙄

Dear Sir/Madam,

Yours faithfully,

Always!

And there appears to be a lot of double-counting in how they've reached the claimed amount. £480 suggests 3x PCNs at £100 each plus 3x "debt recovery" charges of £60 each. So where has the other £106.08 come from to reach the £586.08 claimed amount? (I know a little of it will be interest).

Fruitcake

SoJacob said:

Coupon-mad said:

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

Ok, I will send them an email. But not sure which email address to choose. I have few email addresses including a one they gave me yesterday. I will follow your advice. 

But please for peace of my mind, please confirm- once I apply for set aside and the judgement finally came against to my wishes what will happen? Do I still get 1 month notice to pay the amount or will it be in my credit records for 6 years from the date of the new judgement? Since I have not paid by 18/03/22? I am looking for a mortgage and I don’t want this spoil my dream 😞😔

If you do not get a set aside, the original CCJ will still remain. If you pay it off, it will still remain, but be marked as "satisfied.".


If the set aside is successful, the clock is reset so you then will have the chance to defend the original claim, and the CCJ is wiped as if it never existed if you win that. It will not appear on any credit searches once it has been expunged.

Even if you lose that, you should at the very lease be able to get the fake debt collector/admin costs knocked off, especially in light of what the government department for levelling up has said about these added fake costs. (They will not be permitted in the future)
If you lose "the original claim" you will have a month to pay, and as long as you do within that timescale, no CCJ will be recorded.
If you don't pay in time, a new CCJ will be entered against you. If you pay late, the CCJ will still be entered but marked as satisfied. That's still not a good result.

If you win, you may be able to claim up to £95 in costs.

SoJacob

Jenni_D said:

Kind regards? Seriously? These muppets are trying to extort your hard-earned money from you and you're saying Kind regards? 🙄

Dear Sir/Madam,

Yours faithfully,

Always!

And there appears to be a lot of double-counting in how they've reached the claimed amount. £480 suggests 3x PCNs at £100 each plus 3x "debt recovery" charges of £60 each. So where has the other £106.08 come from to reach the £586.08 claimed amount? (I know a little of it will be interest).

I’ve changed it. Are you happy with the rest? 

I wandering they amount they gave me yesterday was including the interest which they may charged every day from the judgement date? 😫😩

SoJacob

Fruitcake said:

SoJacob said:

Coupon-mad said:

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

Ok, I will send them an email. But not sure which email address to choose. I have few email addresses including a one they gave me yesterday. I will follow your advice. 

But please for peace of my mind, please confirm- once I apply for set aside and the judgement finally came against to my wishes what will happen? Do I still get 1 month notice to pay the amount or will it be in my credit records for 6 years from the date of the new judgement? Since I have not paid by 18/03/22? I am looking for a mortgage and I don’t want this spoil my dream 😞😔

If you lose "the original claim" you will have a month to pay, and as long as you do within that timescale, no CCJ will be recorded.
If you don't pay in time, a new CCJ will be entered against you. If you pay late, the CCJ will still be entered but marked as satisfied. That's still not a good result.

If you win, you may be able to claim up to £95 in costs.

Thank you. But for clarification- If the court agrees for set aside, then I do defence but didn’t go in favour- then from the new judgement I get 1 month notice to pay amount right?

Fruitcake

SoJacob said:

Fruitcake said:

SoJacob said:

Coupon-mad said:

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

Ok, I will send them an email. But not sure which email address to choose. I have few email addresses including a one they gave me yesterday. I will follow your advice. 

But please for peace of my mind, please confirm- once I apply for set aside and the judgement finally came against to my wishes what will happen? Do I still get 1 month notice to pay the amount or will it be in my credit records for 6 years from the date of the new judgement? Since I have not paid by 18/03/22? I am looking for a mortgage and I don’t want this spoil my dream 😞😔

If you lose "the original claim" you will have a month to pay, and as long as you do within that timescale, no CCJ will be recorded.
If you don't pay in time, a new CCJ will be entered against you. If you pay late, the CCJ will still be entered but marked as satisfied. That's still not a good result.

If you win, you may be able to claim up to £95 in costs.

Thank you. But for clarification- If the court agrees for set aside, then I do defence but didn’t go in favour- then from the new judgement I get 1 month notice to pay amount right?

Yes, that is correct. You will get a month to pay if you lose the new case, but properly defended it should be a lower amount than the original judgment.