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DBCL letter of enforcement

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  • Coupon-mad
    Coupon-mad Posts: 152,686 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 June 2020 at 10:05PM
    DCBLegal need reporting to the SRA in many cases I've seen.  They are shocking.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • jav12
    jav12 Posts: 34 Forumite
    10 Posts First Anniversary
    Hi All

    Just as an update - I had my set aside hearing this morning and am happy to say that the judge was satisfied that I wasn't aware of the claim and therefore granted the set aside. I requested that it was ordered for the costs to be repaid, however they have reserved these until the outcome of the claim. I went the route of a mandatory set aside and emphasised the issue of the claim going to my previous address, but having a letter of claim sent to my new address (as mentioned in an earlier post) and also the second claim against me being sent to my new address. The judge asked DCBL when a trace was performed with the DVLA, however they didn't have an answer to this, and therefore as it appeared there was a large time lapse from when the tickets were issued (4 years ago)  this went in my favour. The judge also stated that they felt I acted promptly and therefore timing wasn't an issue, however I'm unsure as to whether the judge granted a set aside under 13.2 or 13.3.

    The judge did ask does either party wish to submit additional document for this to be lifted, at which point it was agreed that any additional documentation for the claim is to be submitted in 28 days and a telephone hearing will take place - the judge has allowed 90 minutes for this hearing. I therefore now need to prepare the documentation to defend the claim and get this submitted. 

    The wording when the judge stated "lifted" baffled me, I'm assuming that as she granted the set aside that the CCJ will now be removed from my record, is this correct? and that when referring to this being lifted is referring to the original claim? 

    Thank you everyone for your help with the set aside it is much appreciated !
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 21 August 2020 at 11:36AM
    Might need to wait to see the formal Order of the Court to see what it actually says. You should receive this through the post in a few days.

    Do you already have the Particulars of Claim for the original claim (that has now been set aside). Did you raise a SAR against both the PPC and DCBL to get copies of all data they hold on you? (You really need to know what you're defending against before you can create a defence, witness statement etc.).
  • jav12
    jav12 Posts: 34 Forumite
    10 Posts First Anniversary
    DoaM said:
    Might need to wait to see the formal Order of the Court to see what it actually says. You should receive this through the post in a few days.

    Do you already have the Particulars of Claim for the original claim (that has now been set aside). Did you raise a SAR against both the PPC and DCBL to get copies of all data they hold on you? (You really need to know what you're defending against before you can create a defence, witness statement etc.).
    Ok great, yes I raised a SAR to both and have the documentation already. The particulars are identical to a second claim they issued against me which was struck out and therefore already pretty much have my defence from this. Just need to prepare my witness statement etc
  • Coupon-mad
    Coupon-mad Posts: 152,686 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jolly good so far! 

    One scam CCJ set aside and one struck out already, and your costs reserved...don't forget to ask for them at the hearing at the end.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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