County Court Judgment

63realfan

I've also just noticed a few things in there that need changing around.

n9. Need to change the ''you'' to ''i''

1505grandad

"I am aware that the claimant is DCBLegal,........"

As stated by you in a previous post the claimant is:-

"Claimant: PARKINGEYE LTD"

"1     Set aside the default judgement dated."  -  no middle "e" in Judgment (as stated in other references to the "word").

63realfan

1505grandad said:

"I am aware that the claimant is DCBLegal,........"

As stated by you in a previous post the claimant is:-

"Claimant: PARKINGEYE LTD"

"1     Set aside the default judgement dated."  -  no middle "e" in Judgment (as stated in other references to the "word").

Thank you for this. Does everything else look ok? 

I'm a little worried the judge will not reimburse the CCJ fee paid - my main worry is that the CCBC send out is the cause of not receiving the POC. Will they order the C to pay back costs that wasn't their fault? Maybe I'm looking at this the wrong way. If it was because of address' then I could understand but the CCBC have messed up with sending out their POC's

Coupon-mad

Why not add an alternative to your Draft Order, that the court recognises that there is ample evidence that claims (or a batch of claims) issued on (DATE) have never been served.  In this case, having heard from the Defendant that he has still not received the claim, and as a result has suffered a CCJ due to court error or matters beyond his control, and with the Overriding Objective in mind, it is ordered that the Defendant's £275 fee to be refunded by the CCBC accordingly, and the claim be served afresh by the CCBC with a new password and claim number, with the Defendant being allowed 14 days from service to acknowledge it then to defend within the usual time period afforded by the claim paperwork.

63realfan

Coupon-mad said:

Why not add an alternative to your Draft Order, that the court recognises that there is ample evidence that claims (or a batch of claims) issued on (DATE) have never been served.  In this case, having heard from the Defendant that he has still not received the claim, and as a result has suffered a CCJ due to court error or matters beyond his control.  With the Overriding Objective in mind, it is ordered that the Defendant's £275 fee to be refunded by the CCBC accordingly, and the claim be served afresh by the CCBC with a new password and claim number, with the Defendant being allowed 14 days from service to acknowledge it then to defend within the usual time period afforded by the claim paperwork.

You're a bloody magician! Love what you've done there with that and totally agree after seeing Sasa's POC sent on the same day. Appreciate it C-M

63realfan

Hi @Coupon-mad - name changed as previous showed my real name! 

With the alternative you added - should I add that I ask the C to reimburse costs and/ the alternative by the courts or should I just ask the courts and not mentioned the C reimbursement? 

I think I’ve got nearly everything ready. I’ve been reading a lot about “skeleton arguments as well” is this something I need? 

I’ve received a letter from DCBL again today explaining I’ve got a CCJ and should pay asap to have the CCJ remover. They really want me to pay up!! 

I’m going to call the CCBC tomorrow and pay the set aside fee. 

Can I just confirm this is the right order - 

1. Start set aside & pay fee. 

2. Fill out n244
3. Prepared WS & draft Order & then send these to CCBC - do I have to copy in DCBL to this too? 

4. Await a court date? 

Many thanks 

Coupon-mad

Not sure you can pay the fee first, with no application emailed?  I'd email it then immediately phone and ask the CCBC clerk to find & grab your email and match it to the payment you are making. 

You don't need a skeleton argument.

You don't need to copy in DCB/UKPC.

Just add a paragraph to your Draft Order headed 'In the alternative'...

Coupon-mad

@63realfan did you see that Sasanova's CCJ has already been removed?

I've now advised them to complain to a specific team at the CCBC and that you could provide witness statements for each other to support your mirror image complaints to get your fees back as compensation.

Sasanova

Hi 63realfan as Coupon- mad informed you the CCJ in my case was struck out earlier today I received the confirmation from the court however as advertised by Coupon-mad I’m going to contact CCBC to complain how they handled the posting of POCs and ask for the £275 fee to be refunded perhaps it will be useful to have a supporting statement from you stating the exact date in question however I don’t really know how we are going to do this but I’m sure Coupon-mad will advise.

Coupon-mad

Sasanova said:

Hi 63realfan as Coupon- mad informed you the CCJ in my case was struck out earlier today I received the confirmation from the court however as advertised by Coupon-mad I’m going to contact CCBC to complain how they handled the posting of POCs and ask for the £275 fee to be refunded perhaps it will be useful to have a supporting statement from you stating the exact date in question however I don’t really know how we are going to do this but I’m sure Coupon-mad will advise.

I gave you some wording on your thread, I think.  And an email contact.

You basically set out the issues and request £275 (or maybe a bit more for distress) in compensation.  The CCBC are duty bound to investigate if enough pressure is applied in the form of formal complaints. 

@63realfan

@Sasanova

Please could you both tell us which date of issue is the 'lost batch' of claims?

And could you possibly both pm and/or reply on this person's thread and try to help them and find out if hers is from the same December date, and offer support (safety in numbers - three mirrored complaints)?
https://forums.moneysavingexpert.com/discussion/comment/79838676/#Comment_79838676

That poster is struggling to do it.