dcblegal Ltd Letter of claim on behalf of Cp plus/ group nexus 13 January at 4:18AM in Parking tickets, fines & parking 51 replies 765 views

Sk7diver

Coupon-mad said:

Sk7diver said:

Coupon-mad said:

Them you do what @jag_run did and email a formal complaint and get that order set aside (fee free) due to court error.  You can also point out that DCBLegal acknowledged the defence and saw it had gone (in the same email) to the CCBC too...so with their first duty being to the court (not their client) why did DCBLegal then apply to enter judgment?

@Coupon-mad, you seem to be implying, DCBlegal would have applied to enter judgement after receiving my defence, or would this have been judged automatically, without the need for DCBlegal to conscious and intentionally enter judgement?

Sorry if this sounds dumb, as i'm way out of my depth here. 

They had to apply for default judgment and yes, they did so despite knowing you'd defended. This is wholly unreasonable conduct and you should call it out.

Are you sure there wasn't a typo in the CCBC email address?

Thanks Coupon-mad,

i am sure, as i copied and posted the email address to get a response from them as per B789's suggestion above, and i received an automated response almost immediately.

Coupon-mad

No, are you sure there was't a typo in the CCBC email address on the day you sent your defence?

Sk7diver

Just filed a complaint for the second time within the hour, did not get an automated response from the first one, but did get it from the second, which i just forwarded the from the first. There is a pattern here! First email gets no acknowledgement! On different occasions, to different judicial email addresses! How convenient!

Sk7diver

Coupon-mad said:

No, are you sure there was't a typo in the CCBC email address on the day you sent your defence?

I am sure, as i sent them an email today, with the exact same email address.

Sk7diver

and got an automated response.

Coupon-mad

Yes I get that, was just checking you'd checked the actual sent item didn't miss a dot and have a comma by mistake (not your 'test' ones today).

The fact remains that DCBLegal knew you had defended, and their solicitor's first duty is to the court and justice.  Yet it seems they applied for default judgment.

Sk7diver

Coupon-mad said:

Yes I get that, was just checking you'd checked the actual sent item didn't miss a dot and have a comma by mistake (not your 'test' ones today).

The fact remains that DCBLegal knew you had defended, and their solicitor's first duty is to the court and justice.  Yet it seems they applied for default judgment.

Complaint to the Court:


Dear Sir/ Madam,

Please accept this letter of complaint, referring to the above mentioned case.

Upon having sent a letter of defence to [email protected], having copied the claimant on the said email and received an automated response from the claimant, i was rather surprised to receive a Judgement for claimant ( in default ) letter, ordering the defendant to pay the claimant. 

It is worth noting, despite knowing i had defended, the claimant had the audacity to apply for default judgement. This should be deemed unreasonable conduct, and a waste of the Court's time, as well as tax payers money. The claim should therefore be dismissed altogether.

Since the defendant did send the Defence, and it was negligently ignored by the court, i therefore request that the defence statement be acknowledged, upheld and dealt with, and that the order for payment be set aside, fee free.

Furthermore, i request that the details of this judgement will not be entered in a public register, and that a fee free certificate of cancellation be issued.

The defence, attached bellow, was sent to [email protected], on 06/02/2023 @ 13:00, deliberately sent during office hours, in an attempt that it would be acknowledged. It failed the purpose.

I therefore request that court may consider.

Coupon-mad

There isn't any "order for payment".  That sounds odd and will confuse the court staff.  You need to state clearly: the Order dated xx/xx/23 be set aside.

having copied the claimant on the said email and received an automated response from the claimant,

No, you didn't, you sent it to their solicitors - so state which firm that was - and you've missed pointing out that a solicitor's first duty is blah blah...(which is what makes it all the more unreasonable of them).

Judgement in this context has no middle 'e'.

Remove this (below) because here you are admitting you KNEW you were expecting a CCBC acknowledgement (nonono!):

deliberately sent during office hours, in an attempt that it would be acknowledged. It failed the purpose.

B789

You can copy the email header that will show both the addresses that you sent your defence to. In fact, you need to print off the email with the exposed heater info as evidence that it was sent to both the claimants solicitors and the CCBC. It has to be the original.

Also, "Please accept this letter of complaint..." Maybe a bit more forceful? "This is my official complaint..."

Sk7diver

So, we’ve recently received a letter from Dcbl to pay or get a CCJ. Since we’ve have had no word from the county court (no reply to the complaint), I’m guessing we’ll just cough up the £340 or get the CCJ and spend whatever time it takes to try and get rid of it?! Any thoughts?