DCBL legal CCJ saga (case won)

nosferatu1001

As above
They never had any right to sue. They cannot fix that ex post facto. 

Jsalomonuk

I thought as much , I don't know why they are insisting on putting this in front of a judge, I'm furious as its cost me £200 extra on my car insurance and I cannot access any credit now until June while this BS is on my record. 

nosferatu1001

Sue them
Counterclaim is not an option but you can claim. You have actual damages to show. 

Jsalomonuk

Can i also claim costs for attending the Set aside as a litigant in person ? I'm missing a whole days work too costing me quite a bit

nosferatu1001

Costs of the case should be dealt with within the case, and not at any other point
Yes, you can look for cost of the set aside and if you get your set aaside under CPR13.2, as you have already been told you shoudl, you REALLY should push for costs of attendance
Max of £95, have proof to hand

henrik777

nosferatu1001 said:

Costs of the case should be dealt with within the case, and not at any other point
Yes, you can look for cost of the set aside and if you get your set aaside under CPR13.2, as you have already been told you shoudl, you REALLY should push for costs of attendance
Max of £95, have proof to hand

This isn't subject to small claims rules having never been allocated. It may be considered as such but it really isn't.

Jsalomonuk

Hi So I'm back again, I'm going to try and get my updated witness statement updated over the next two days. I just wanted to clarify what I'm highlighting I've did this is a timeline for now.

1. I Parked in an area managed by Capital car park control (NOT the claimant) * February 2019
2. Was working away and had not sorted permanent accommodation so did not update V5C at the time.
3.  I Part Exed the vehicle in question a few months after the first claimed breach of contract updating the V5C *June 2019
4. Claimant - Capital car park control Ltd was formed as a company, no debt was assigned. *August 2020
5. Moved to the new address  and updated my records and electoral role (as shown on my credit file) * August 2020
6. I was fully available to be found and contacted at the correct address as evidenced by DCBL bailiffs having contacted me.and as the address shown on credit file.
7. No search is showing on my Credit file from DCBL legal or anyone not expected to show up when claimant claims to have searched.
8. Defendant had not received the original claim as not living at the address. * November 2021 
9. Claimant had not heard from Defendant at any point about this issue.
10. CCJ issued in Default *DEC 2020
9. As soon as CCJ was shown on credit file Defendant acted quickly to try and resolve.* Jan 2021
9. DCBL legal have been fully aware that the claimant had no basis to bring claim since set aside requested. *Jan 2021

Summary - no proper search conducted, No right to bring claim in first place.


Am i missing anything ? 

 

Jsalomonuk

Anyone got any feedback on this ?

Le_Kirk

5. Moved to the new address  and updated my records and electoral role (as shown on my credit file) * August 2020
6. I was fully available to be found and contacted at the correct address as evidenced by DCBL bailiffs having contacted me. and as the address shown on credit file.
8. Defendant had not received the original claim as not living at the address. * November 2021 

Well, that cannot be correct!  And it is Electoral ROLL.  I think the more usual term is able to be found.

Jsalomonuk

Yes sorry typo, haven't mastered time travel yet