Drafting a defence - advice needed (i have read the stickys so please be kind!)

B789

When you sent your N180 DQ to the CCBC, did you attach it as a pdf to an email and did you receive an auto-response from the CCBC that your email had been received? Did you also copy in the claimants or their solicitor and did you CC in yourself too?

It sounds like your N180 was never received.

If you don't show up you are in danger of getting increased costs for unreasonable behaviour. You can tell the court that you will not be available and to hear your case on papers but that is an almost surefire way to lose the claim. As it is DCB Legal, the odds are that they will discontinue but it is not a safe option to rely on. It is possible that they have realised that this will be heard in their local court and they would attend, thus enhancing their chances.

aoldfolk

yes to the above. got the email saying received etc. yes copied in claimants etc etc. so n180 was received. 

aoldfolk

B789 said:

When you sent your N180 DQ to the CCBC, did you attach it as a pdf to an email and did you receive an auto-response from the CCBC that your email had been received? Did you also copy in the claimants or their solicitor and did you CC in yourself too?

It sounds like your N180 was never received.

If you don't show up you are in danger of getting increased costs for unreasonable behaviour. You can tell the court that you will not be available and to hear your case on papers but that is an almost surefire way to lose the claim. As it is DCB Legal, the odds are that they will discontinue but it is not a safe option to rely on. It is possible that they have realised that this will be heard in their local court and they would attend, thus enhancing their chances.

ccbc auto reply saying received on 30th November 
All were copied in. Didnt copy in myself but sent from my address.

Coupon-mad

But you didn't plot as far as August.  So your DQ didn't say you were away then? 

Personally I'd have crossed out in the N180, the entire school holidays (whether you'd booked a holiday or not), and CERTAINLY I'd have emailed the local court the minute you booked this holiday - but you live and learn.

If this is a single PCN case, DCBLegal will discontinue anyway so continue as if you can attend. Say NOTHING.

Do your WS in time, in fact a little early, to flush out DCBLegal to discontinue.  We say they will, unless this is a multi-PCN case in which case can you attend by phone?

You must tell the court not later than two weeks before the hearing if you cannot attend but that is PLAN B.

PLAN A: for now, do your WS a bit early (end of June?) and NO MENTION OF THE COURT DATE NOT BEING POSSIBLE.

Flush out that discontinuance and breathe a sigh of relief when the NoD arrives!

aoldfolk

Coupon-mad said:

But you didn't plot as far as August.  So your DQ didn't say you were away then? 

Personally I'd have crossed out in the N180, the entire school holidays (whether you'd booked a holiday or not), and CERTAINLY I'd have emailed the local court the minute you booked this holiday - but you live and learn.

If this is a single PCN case, DCBLegal will discontinue anyway so continue as if you can attend. Say NOTHING.

Do your WS in time, in fact a little early, to flush out DCBLegal to discontinue.  We say they will, unless this is a multi-PCN case in which case can you attend by phone?

You must tell the court not later than two weeks before the hearing if you cannot attend but that is PLAN B.

PLAN A: for now, do your WS a bit early (end of June?) and NO MENTION OF THE COURT DATE NOT BEING POSSIBLE.

Flush out that discontinuance and breathe a sigh of relief when the NoD arrives!

Thanks Coupon mad! your advice is always appreciated and spot on. 

Correct, i didnt mention August as it said 6 months. I had that holiday booked 2 years ago! 

Thought saying nothing was the best option, for now. 

So I should do my witness statement, send to them before the date for them to pay up?

Or just have it ready. TBH the deadline for their payment deadline is the day I am then off work for 2 months so if they continue I have time to do a WS.

Yes, i read the bit about letting the court know. But had no intention until the deadline of DCBlegal paying to go to court. 

aoldfolk

oh yes, single PCN too. 

Coupon-mad

Great!

There was a case here last month exactly the same. We used this exact same advice even though the person was worried as they couldn't attend the hearing.  They stayed quiet about that. Result the other week = discontinued after DCB saw the WS. 

Yes I'd email your WS this month, before they have to pay the hearing fee.  Should work.

aoldfolk

@Coupon-mad you absolute legend! 

Got the letter through from dcb legal that they are not pursuing it any further and have filed n729 with the court! 

Didn't even get round to sending my evidence. 

Saved me £60 (or more with court) and cost ukpc an absolute tonne in paperwork, fake debt collectors and fees. Absolute winner! 

Thank you so much for your work and guidance. 

Umkomaas

Great bit of strategic play there @aoldfolk after spot on advice from @Coupon-mad, so it's off to the DCB Legal discontinuation thread of shame to log your outcome. Nice one 👍

patient_dream

aoldfolk said:

Saved me £60 (or more with court) and cost ukpc an absolute tonne in paperwork, fake debt collectors and fees. Absolute winner! 

Thank you so much for your work and guidance. 

Great news, you have been dealing  with the UK's biggest scam