Bailiff Knocked on the door yesterday

Le_Kirk

KeithP said:

Le_Kirk said:

One can assume (if that doesn't make an !!!!!! of U & me) that it is the intention of the draft order to have the PPC/solicitor pay back the monies taken by the bailiffs.

A reasonable assumption, but...
1) that's not what the Order says, and 
2) does the court run on assumptions?    

But we need to also remember that Section 69 of the Consumer Rights Act 2015 states...

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Absolutely agree @KeithP and it would have been clear to all of us, especially the OP if whoever had written that order had used English words!

Fruitcake

I forget to mention that in addition to all of the above, the OP should be asking for the claim to be struck out, not just reset to the beginning so the claimant can have another dip of the bucket into the gravy train.

Galloglass

Nonono!  This is not a 'with consent' case.  They are trying to force the issue and avoid his costs.

This Draft Order is NOT what the Defendant wants because it ignores his £275 court fee.

Defendant needs to respond to that and copy in the court, stating that he will attend the hearing with proof the Claimants held his correct address all along, and that he WILL NOT sign that Draft Order which the Claimant is trying to foist upon him at the eleventh hour to avoid being liable for his £275 fee and ordinary costs for attending the hearing plus the prospect of further full costs (including xx hours spent at £19 per hour) given the Claimant's clearly  unreasonable conduct of filing a claim using a different address to that furnished to the Claimant (by this Defendant) in writing, just weeks before the claim.

Agreed. The wording is akin to a "with consent" agreement to set-aside so the unwary might just agree to it. Also the errors in it suggest this is a template and has been drafted by a [supposedly supervised] paralegal. Your advice and that of @Fruitcake is a way to go but whether a judge will give it the time it deserves, given the pressures on courts, is another matter.

The OP has done a great job getting this far and it will be up to them on how much further they want to take it. 

Coupon-mad

At the end of the hearing, the D needs to ask the Judge to order the full £1700-odd to be repaid back and to address the matter of wholly unreasonable conduct and full costs.

Take along proof of lost earnings for taking a day off work (if true) and with the email I suggested earlier, attach a COSTS SCHEDULE (see NEWBIES thread) so that the court and DCBLegal have seen your costs in advance - don't forget the £275 and £12 fees you paid, and attach receipts to prove those fees, as the Judge won't have that to hand.

I added this to my earlier post, which the OP could use as a crib sheet:

This seems to more than meet the Dammerman case high bar for wholly unreasonable conduct, especially given that:
(a) C had the right address all along;
(b) D did everything right;
(c) C found that address again easily, in order to send a bailiff round;
(d) D had already applied to set aside the Writ which the bailiff knew but ignored;
(e) the bailiff was not an independent court bailiff but an in-house HCEO employed by DCB Group, the same group of companies who ALSO filed the claim to the wrong address (DCB Legal);
(f) This smacks of a negligent or deliberate 'conveyor belt to CCJ' approach, whereby (on the balance of probabilities and to a reasonable person) DCB Group appear to have negligently or actively sought to multiply a few PCNs to escalate the sum - behind the victim Defendant's back - to nearly two grand, mostly for the unjust enrichment of DCB Group themselves.

JacksSon

Super huge thank you to all of you. I realy appreciate your help

JacksSon

hi to all, just an update, as requested by Court, have sent an electronic bundle to the court (as i have to do it 3 days before hearing), same document have sent to dcblegal. 83 pages from my side and the same pack i have received from them 75 pages.

JacksSon

haha, like i've said before, they have misspresented few times to the court. The date on stamp is 15 Jul 2022 when they have updated the address. At that time i was living on a different address for over 1 year. And i did changed all personal documents on time when have moved houses.

Coupon-mad

So wait... the Claimant's claim was stayed early Summer.  They applied to lift the stay and 'amend your address'? 

From the right address to the wrong one?

Or from a wrong address to the right one and then they applied for a default CCJ?

Eh?

JacksSon

FYI, dcb searches the addresses on Experian. I was wondering, if i wasn't registered with experian, how would they find my address? also to mention that experian is not a gov department and an update of address on that webpage is optional 

JacksSon

guys, please tell me if i can or not to post here on MSE dcb's WS? it is quite interesting !