Bailiff Knocked on the door yesterday

JacksSon

Coupon-mad said:

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?

from all documents that i have received from them: the first claim was addressed to the place i have lived 4 years ago, later they have found the next address that i have left 1.5 years ago. They haven't checked the experian again before court hearing. My new address was there since moved houses. THEY FAIL AGAIN

JacksSon

And to mention that June 2022 is about the date when they have sent me a pcn for a different matter on my actual address. (so 3 months before ccj they were holding the appropriate information). 

Fruitcake

Yes, please show their WS. Redact personal information but leave in anything that is already in the public domain such as the name and position of the paralegal. We already know many of them by reputation.

If you redact anything, please tell us what you have redacted.
If they have redacted anything, please tell us what.

JacksSon

Coupon-mad are you aware if Experian is allowed to share my personal information with private companirs like dcb?

Grizebeck

Yes experian can do that quite legally 

Snakes_Belly

This is a similar scenario that happened to a lady in her mid eighties. The bailiffs were knocking at her door before the 28 days to pay were up.  The original debt from the judgement was switched within DCBL and inflated. The bailiffs were not even prepared to wait whilst the lady telephoned her daughter and were going to take away her belongings. What a terrible experience for an elderly person.

JacksSon

Fruitcake said:

Yes, please show their WS. Redact personal information but leave in anything that is already in the public domain such as the name and position of the paralegal. We already know many of them by reputation.

If you redact anything, please tell us what you have redacted.
If they have redacted anything, please tell us what.

address 1 i have moved out in 2019
adress 2 moved out 1st june 2021

Coupon-mad

Just to flag up to all those reading this thread: all this preamble occurred over a year ago, in 2021.

This 'poor me' ("waaaah....it's not fair!") application by DCB Legal would be hilarious, but for the diabolical position you then found yourself in.

And that occurred, due to DCB Legal and their Claimant failing to serve the Claim to the proper 'last known address' you'd given them all along, IIRC.

Remind us which date you gave the C the right address for service, please?

@Johnersh should take a look at this one again if he has time.

Given the Claim was eventually (improperly) served by DCBLegal AND NOT the CCBC, the 4 months dead argument MUST prevail and the entire claim be struck out for want of service AND there is 'wholly unreasonable conduct' throughout:

- A complete waste of court resources in 2021 though to 2023;

- An application made in 2021 at the expense of the court(!) whereby DCBLegal acted like victims ("waah! It's unfair!") when ALL ALONG the Claimant had your correct address but couldn't be bothered to check and use it;

- A claim twice improperly served;

- the 2nd attempt being by paper/sealed claim sent by DCBLegal to what they/their clients KNEW (had anyone exercised any diligence in reading the case file) was just another wrong address;

- once they got a default CCJ under their belt, DCB Group easily found the right address (sigh...);

- the claim had already been improperly enhanced by £70 per PCN as some sort of 'success fee' which is wholly disproportionate and was called out by Government in February as 'extorting money from motorists';

- off the case went to their HCEOs, who lumped on even more costs, it seems FAR in excess of the capped £75;

- despite their HCEO being told about the D's application - that had already been filed - to stay the writ, he ignored that and (it seems) didn't even phone the Claimant/DCBLegal to check if they knew, and just went ahead and demanded the best part of £2k or he was about to seize goods;

- when DCBLegal realised that the D had applied to set aside the CCJ they cheerfully ADMITTED that the addresses used had been wrong and - instead of holding their hands up to obvious (negligent at best) fault by them/the Claimant, they tried last minute 'damage limitation' by drawing up a Draft Order trying AGAIN to wriggle out of paying an application fee (in this case, your fees);

HOW DARE THEY!

Why should the court service AND you stump up application fees to paper over DCBLegal's conduct? 

Full costs for you if you argue that well.  Get your FULL (hours spent, loss of leave and all fees) costs assessment emailed tomorrow

JacksSon

Remind us which date you gave the C the right address for service, please?

I have received a letter from them dated with 19 may 2022, (i have received it on 24 th of May), and sent them an email on 25 th of May 2022 saying that i have got a debt recovery notice for a pcn issued in 2021. Just for information, in summer 2021 on the way to MOT, my engine has blown up and had to pull over to safest place which was a hotel private parking. Stayed there about 40 min and drove away. So later apparently  dcb decided that i have parked in the area and issued a pcn. They've been waiting 1 year to send me debt rec notice. Certainly all this is not related to the current case.

JacksSon

Coupon-mad said:

- the claim had already been improperly enhanced by £70 per PCN as some sort of 'success fee' which is wholly disproportionate and was called out by Government in February as 'extorting money from motorists';

- 

i think they might just justify this as the claim was starter before the GOV changes