DCBLegal

Mars28

Mine did. It’s been adjourned a couple of times so still waiting for the date of the actual Defence hearing.

 I think people on here will tell you that you don’t risk getting a CCJ unless you lose the Defence (most win on here) and then also fail to pay the Court Order in time.

patient_dream

FrequentOverstayer said:

Court Order was received today, DCBL reached out for payment details of the costs I incurred. At least I am getting these back

Signed off their email with "We also confirm receipt of your new Defence. We will await further instruction from the Court regarding a new hearing date for the Claim"

Looks as if they feel they have a case, is it normal for Set Aside cases to go the 2nd round?
I am worried that a loss at this stage will result in a CCJ and further costs

DCBL might think they have a case, does not mean they will win
Remember that in a very short period of time, the cases they thought were good ended up as rubbish claims and so far they have discontinued some 67 cases, there are probably many more cases we don't know about ?

You must make it very clear to DCBL that you will attend court

There is no risk of a CCJ .... if you lost you pay as instructed by the court
Bear in mind you were awarded £95 so the court is fully aware what type of claim this is.

DCBL have a choice to make, either go to court and probably face  a loss, costing their client more money or do what they are famous for and discontinue.

This is a game to play and see what they do at the very last minute

FrequentOverstayer

@patient_dream Thank you so much for that, it eased my mind completely.

I will be going the full hog with them, strictly due to the stress it caused me financially for the last 6 months having a default CCJ on my record. They will be sure to get a second hearing if that's what they want

FrequentOverstayer

Hey guys,
I have today received a letter resurrecting this claim. dated 20th October 2023.

DCBL has written to me expressing that the client Highview has reviewed my defense and wishes to proceed back to court despite my win and set aside.

Do I reply? Do I await the court files?
Its almost a full year since my "Set Aside" win?

I hope this doesn't restart as I have only just bounced my credit score back to an acceptable level.
Any advice on this matter is greatly appreciated

Coupon-mad

Wait for court directions or give the local court a ring to double check you haven't missed a Hearing Order in the post.

FrequentOverstayer

@Coupon-mad
Thanks, turns out the deadline to submit the questionnaire was today so my phone call to the court was just in time.
I have expressed that I have not received this and emailed for immediate attention.

What a joke this is, looks like we are going for round 2.

UncleThomasCobley

Surely, after a set aside, if the original claim was not struck out, the judge would have ordered the claimant to either re-serve the claim within a particular time period or ordered the defendant to produce a WS by a certain date for the original claim to proceed?

If not, then isn't the "four month rule" applicable?

FrequentOverstayer

Absolutely, I have asked for the Court notes from the first hearing as I believe they had a limited timeframe to raise a claim. I will confirm, needless to say, I have issued the N180 today CCing in those vultures making it abundantly clear that should they wish to take this to a second hearing they will be liable for the costs associated

Hi,

Further to the letter received from DCBLegal Ltd today dated 24/10/2023, I called the Court to decipher that I must return an N180 form prior to 4 PM today.

This is attached as well as the representatives of DCBLegal Ltd acting on behalf of Highview Parking Ltd

I will place on record that should DCBLegal Ltd intend to go to another hearing following the set aside on 6th October 2022, Highview Parking Ltd will be liable for the cost of the hearing, and the time taken to prepare, defend, and attend this case.

I await the call to discontinue or the court date both of which I welcome... 

UncleThomasCobley

But, did you not receive the court order after the set aside? That order would have given any deadlines.

FrequentOverstayer

I found the court notes and order in a documented email. 
(paraphrased for ease)

1 - Judgement is set aside
2 - Defendant serve the court and claimant a defense by 4pm on 20 October 2022 (Which I completed)
3 - The claimant acted unreasonably and therefore owes £275 (application fee) and £95 witness expense, totaling £370.00

Nothing about a date for the cut-off...