DCB Legal - Letter of Claim - multiple pcn's

Coupon-mad

Only what's already in the NEWBIES thread Hearing tips!

Le_Kirk

nomoredebt said:

It's his cribsheet 🫣
Do you have any last minute tips I can pass onto him please before he attends on Tuesday?

I often post these hints and tips: -

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

nomoredebt

Well that's that then, he had his day in court.  He has to pay £2900.  DCBL turned up.  The judge knew about where he got help from with creating his defence and ws and sounds like he wasn't impressed with this.  He didn't want to know about his mental health issues.  DCBL wanted to add 8% interest on the amount but the judge put it down to 2%.  

Anyway thanks for your help in navigating the system.  Glad its over, shame it wasnt a better result.

Coupon-mad

nomoredebt said:

Well that's that then, he had his day in court.  He has to pay £2900.  DCBL turned up.  The judge knew about where he got help from with creating his defence and ws and sounds like he wasn't impressed with this.  He didn't want to know about his mental health issues.  DCBL wanted to add 8% interest on the amount but the judge put it down to 2%.  

Anyway thanks for your help in navigating the system.  Glad its over, shame it wasnt a better result.

Which Judge and Court?

Sounds appealable.  Not by going it alone, though.

Worth asking Contestor Legal?  Google them. You could show them this post, which is what I see:

£2900 awarded is less than the claim (as we predicted) but it is utter rubbish, and means:

- he allowed the 14 PCNs at £160 each (even though that is merely lining DCB Legal's pockets by £840 for failed 'debt collection' involving a few Letters before Claim mixing and matching the PCNs, real cost under a tenner, and I expect this was stated in your witness statement?).

- he allowed the claim, despite the POC falling foul of CEL v Chan (not sure if you had that transcript in your exhibits, though?)

- 14 PCNs at £160 each is £2240 (plus the claim filing fee £205 and the hearing fee £115).  That isn't £2900 so I think the difference looks like he's worked out the 2% interest all from 2017.  Can someone check this?  If I am right, that's fundamentally incorrect of the Judge, because most PCNs in this claim were from 2018 and 2019.

- he read the papers and was also told in person that the Defendant needed more time when visiting McDonalds due to significant, 'daily life affecting' mental health issues.  Ongoing for more than 12 months means he meets the definition of disability under the Equality Act 2010.  Yet you say the Judge "didn't want to know about his mental health issues".  Sorry but that is illegal.  The EA 2010 protects people with protected characteristics.

- the Judge also appears to have failed to apply the mandatory test in s71 of the Consumer Rights Act 2015, in terms of proportionality, fairness and also prominence of the signs and terms.  Courts have to apply that test whether a party raises it or not, so says s71 of the CRA.  No evidence that he did.

Any one of the above might have legs as an appeal basis.

See what Contestor Legal think. Urgently. Tomorrow.

It would cost you a fee (ask them) and you'd have to act very quickly to show them his defence and his witness statement and ask them what they think because the alternative is having DCB Ltd send bailiffs round in May, or paying them in full now (impossible?) or paying in instalments and having a CCJ ruining the Defendant's credit rating.

nomoredebt

Hi @Coupon-mad, I wasn't there but that is what he told me.  Don't know the judges name but it was the Grimsby county court.

I totally agree with you.  I will show him your post but I know he won't want to pursue it, yesterday was too much for him as it was.

He did manage to agree to pay back £10 per week...

Thankyou for your help.

patient_dream

WOW ?  I think we should blackball Grimsby Court if they have completely out of touch Judges
Clearly Grimsby Court don't understand a scam if they looked it the face .... just as this Judge did

And a Judge who clearly does not understand the Consumer Rights Act 2015 should be re-trained

As far as the judge not approving help from this forum, is to say the least rubbish

Coupon-mad

nomoredebt said:

Hi @Coupon-mad, I wasn't there but that is what he told me.  Don't know the judges name but it was the Grimsby county court.

I totally agree with you.  I will show him your post but I know he won't want to pursue it, yesterday was too much for him as it was.

He did manage to agree to pay back £10 per week...

Thankyou for your help.

If Contestor Legal do the appeal they will send a barrister to appear instead of him.

No attendance needed by him. I see more than one ground for appeal that could overturn the decision and all the money. 

And he probably qualifies not to have to pay the court fee to appeal.  He just needs legal help to get there.

This will otherwise be hanging over him for some 6 years of repayments, all with the threat of bailiffs - always in the background - if he slips up. Does he realise: if he misses a week, DCB could send the boys round?