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

Coupon-mad

I don't understand how they got a writ of control within 30 days of the CCJ but IANAL.

Maybe @Johnersh or @bargepole knows, but it makes no sense to me...because a writ of control allows them to add bailiff fees. Seems too soon, because the default judgment told you a figure and you had 30 days to pay it. Not a higher sum.

Did they ever show you the writ?

This is getting more complicated, not less.

But I think you need to do a Supplementary WS attaching all that evidence if the email trail supports your suggestion that they coerced and (you believe) misled you about the amount due within the first 30 days after default judgment.

If you were never shown a writ of control, say so.

Attach a copy also of the original default judgment stating the figure you could have paid, to show where the case was really at.

And add into this Supplementary WS that you were unwilling to sign their draft Consent Order because it makes no mention of the enhanced sum you were frightened into paying being returned.  It reads as though they want to walk away with your money and to avoid a hearing about what happened.

You will also need to have clear in your mind what your defence will be. You can't say "the signs were clear and you'll pay the PCNs" because no Judge will set aside a CCJ on a discretionary basis if the D says they aren't up to defending the actual claim. 

Coupon-mad

https://www.hceoa.org.uk/instruct-a-hceo/faqs-creditors/collecting-an-outstanding-debt-with-a-writ-of-control

A straightforward judgment, without any other stipulations, can be enforced immediately using a Writ of Control. However, there may be occasions when immediate enforcement cannot be initiated – for example:

• if the judgment or order contains directions allowing payment within a specified time, the Writ of Control cannot be issued within that specified time;

SoJacob

 

@Coupon-mad THANK YOU!! 

Did they ever show you the writ? 

I have not seen anything. Do they usually show us by emailing or posting? Does it say writ of control in heading? I was trying to do some calculation to understand how they came up with the figure of £950.43 from £750.28. It mentions below the writ control fee. Also, the judgement date stated under the notice of enforcement is 1/3/22, can it be right since I received the default judgement dated 18/2/22?



But I think you need to do a Supplementary WS attaching all that evidence if the email trail supports your suggestion that they coerced and (you believe) misled you about the amount due within the first 30 days after default judgment.

I will do the WS as advised. Do I have to email it over to the court once completed before the hearing? Or can I take it with me and give copy of it to the judge? 

Further reviewing my emails to the court on 24/3/22 I have emailed to the court the copy of emails with DCBL (however not the call records).  In my email I mentioned the fact that DCBLegal ltd extorted nearly £1000 and I was medically vulnerable at the time. The DCBlegal ltd and VCS knew I had applied for a set aside and I was medically vulnerable. They both forced me to deal with the bailiffs (DCBLTD) who then quickly applied for a writ, despite also knowing I'd already applied for a CCJ set aside and stay of execution and are medically vulnerable and fitted the 'breathing space' debt collection rules.   

I have recorded the call with the DCBL and it demonstrates either their bullying and/or my severe distress.  Should I email them call records as well to the court? if so by when? 

Coupon-mad

You can't take stuff with you to ambush the case on the day!

You must email a short Supplementary WS (signed & dated) to the court & DCBLegal today, attaching all of that (EVERYTHING) and briefly explaining that the judgment gave you 'one calendar month' (see bottom of the court order from Feb) to 'pay in full' £750.28.

Then link the rules on writs - and quote the bit I showed you above - and state DCBLtd refused to accept £750.28 and bullied you into paying £xxxx.  

Say you can't understand how they got a writ during the calendar month that the Order says the amount of £750.28 is due, and that no CCJ would remain if the Defendant pays it.  You were not allowed to pay that, which cannot be right or just.

And now (after refusing to consent in March) the Claimant wants to consent to set aside a CCJ that should not have remained registered, and they want to keep the higher sum and walk away scot free, which can't be right.

Also send the recording of the call as a link attached to the email, if you can.

SoJacob

Coupon-mad said:

 

I am adding them to my WS. I will post it here if someone could kindly proofread for me. 

SoJacob

@Coupon-mad
Can all photo evidence in one PDF? Also should it emailed to the claimant as well along with WS?   

KeithP

SoJacob said:

@Coupon-mad
Can all photo evidence in one PDF? Also should it emailed to the claimant as well along with WS?   

Everything you send to the Court must also be sent to the Claimant.

SoJacob

KeithP said:

SoJacob said:

@Coupon-mad
Can all photo evidence in one PDF? Also should it emailed to the claimant as well along with WS?   

Everything you send to the Court must also be sent to the Claimant.

Thank you @k@KeithP . Are they got to be all in one PDF, except the call recordings? 

SoJacob

Hi all, 

Again I am so sorry to bother you all. I do feel that I am a nuisance. Unfortunately, I have no other help other than you all. Please could I have some advice? Is this WS good to be emailed? I mainly added more in 1.3. Please can someone confirm RE: sending evidence?  

And should I email the draft order which I have already emailed with this email? 

_______________________________________

WITNESS STATEMENT OF -------

 

WITNESS STATEMENT

 

I am -----and I am the defendant in this matter. This is my supporting statement to my application dated 14/03/2022 requesting to:

1.    Set aside the default judgment dated 18/02/2022 as it was served whilst I was absent from the country.

2.    If I had known about the claim, I would have defended it.

3.    A judgment was entered against me on 18/02/2022 without my knowledge.

4.    On the 19/02/2022, I found out about the judgment when I returned to my home address 

5.    In addition, I wish to have judgment set aside because I have a real prospect of successfully defending the claim.

6.    I respectfully ask that the court orders that the judgment be set aside.

7.    Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee. 

 

DEFAULT JUDGMENT

 

1.1.        The defendant was the registered keeper of the vehicle at the time of the alleged offence.

 

 

1.2.       The claim form dated 18/02/2022 (Exhibit 01) was served whilst the defendant was out of the country, and the defendant thus was not aware of the Default Judgment until 19th February 2022 upon returning home. After a leaving the country on 23rd January 2022 and not returning to my home address until 18th February 2022 late night. In support of this the defendant have attached copies of my air ticket (Exhibit 02), alongside the passport stamps (Exhibit 03) which shows the dates of absence from the U.K. 

 

 

1.3.       When the defendant contacted the DCBLtd on 24/02/2022 they asked me to pay £940.04. This was inexplicable and almost £200 more than the default judgment yet only days after it, at a point where no costs can be added.  DCBLegal and DCBLtd appear to be the same organisation.  The former filed the claim and yet the latter replied to contact and demanded monies as though they could already add bailiff/writ fees and ignored the fact the purpose of the contact was to ask for consent to the set aside application.  DCB group asked for proof of pregnancy and in the email they stated they have placed the case on hold until the 14th (Exhibit 04) . DCB group have been provided with evidence of the Defendant's vulnerable status (Exhibit 05) and they knew I was medically vulnerable (Exhibit 06). Defendant was at the early stages of pregnancy and couldn’t take much stress due to past traumatic miscarriage. This behaviour from the DCB group was exacerbating the defendant’s anxiety. Defendant is a specialist mental health nurse who understands stress can be an increased risk factor for miscarriage.

 

When the defended contacted VCS and DCB group to make payment they both forced the defended to deal with the bailiffs (DCBLTD) who then quickly applied for a writ, despite also knowing I'd already applied for a CCJ set aside and stay of execution and are medically vulnerable and fitted the 'breathing space' debt collection rules.  Both VCS and DCBLEGAL ltd outright refused to take payment for the default judgment amount even though it was well within the 30 days. And they then forced the defendant to pay £950.43, in breach of the court Order, within the 30 days. The defendant recorded calls and it demonstrates either their bullying and/or my severe distress (Exhibit audio 07-Exhibit 09). The defended have paid what they have demanded before 18/3/22. Notice of enforcement received by email from DCBL 16/03/2022 (Exhibit 10) and defended queried the calculation (Exhibit 11) and not received a satisfactory response (Exhibit 12) payment made on 16/03/2022 (Exhibit 13).

 

The defended unwilling to sign claimant’s draft Consent Order because it makes no mention of the enhanced sum the defended frightened into paying being returned.  

 

Additionally, according to the High Court Enforcement Officers Association (HCEOA)-

A straightforward judgment, without any other stipulations, can be enforced immediately using a Writ of Control. However, there may be occasions when immediate enforcement cannot be initiated – for example:

 

if the judgment or order contains directions allowing payment within a specified time, the Writ of Control cannot be issued within that specified time;

 

 

1.4.       In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

 

1.5.        On 14/03/2022 the defendant have submitted my case in order to set-aside this judgment and fairly present my case.

 

1.6.       On the basis of CPR 13.3 (i) the defendant has a real prospect of successfully defending the claim and CPR 13.3 (ii) the defendant should be allowed to defend the claim 

 

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if – 
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why - 

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

1.7.       According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

 

Furthermore, Ex-Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

 

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

 

1.8.       Considering the above the defendant was unable to defend this claim. The defendant believes that the Default Judgment against me was issued incorrectly and thus should be set aside and the defendant ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful.

ORDER DISMISSING THE CLAIM

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 ____________________________

DRAFT ORDER

 

IN THE COUNTY COURT

 

VEHICLE CONTROL SERVICES LIMITED (Claimant)

And

 __

(Defendant)

 

District Judge

 

UPON reading the Defendant's application dated 14th March 2022 and the annexed witness statement of the Defendant, ---- and UPON noting that the Defendant has reasonable prospects of defending the claim but was unaware and unable to respond due to being out of the Country, but acted promptly having received no response from the Claimant's solicitor to her request for consent to set aside default judgment

 

IT IS ORDERED that:

 

1.  Enforcement, including any High Court writ, be stayed pending the outcome of the Defendant's application and the Claimant and its agents do pay due regard to her vulnerable debtor status

 

2.  The application be allocated to the Defendant's home court for a hearing of the application to set aside default judgment dated 18th February 2022

 

3.  Parties are required to advise the allocated court of any unsuitable dates, within 7 days of service of the Notice of Allocation.

Coupon-mad

If you have already served that Draft Order then you don't need to do so again.

Your claim form and the judgment can't both be dated 18th Feb. The Claim form would have been January when you were first away.

Make your paragraph numbers normal numbering, not 1.3, 1.4 etc.

You also don't need to repeat anything you've already said in the first WS.

Keep this one as concise as you can, and just say what you are attaching as an exhibit (or exhibits) and why you think the Judge should look into the emails and whether DCBLtd actually had a writ during the first calendar month.