DCBL - UKPC - DCB visit.

EthanCL

Grizebeck said:

So hows the set aside application going.....

I’m working through it as we speak, my first day off work today.

the above email is from previous communications where I’ve followed the newbies thread.
Upon receiving another LBC I sent UKPC a ‘SAR’ request, I emailed the solicitor informing them I am seeking debt advice and I then emailed the landowner to complain.

since then I was advised to follow the thread regarding the set aside.

it was my understanding that the set aside is for the CCJ/Money paid.

If this is incorrect please let me know and I will react accordingly.

Thankyou. 

Coupon-mad

Please just do what SoJacob did.

EthanCL

@Coupon-mad

so today I received this!? 

Is this genuine and does this actually mean the matter is dropped?

if so, how would I get my money back? 

Grizebeck

That is very good news.
DCBL or the claimaint will return your money in due course

EthanCL

Grizebeck said:

That is very good news.
DCBL or the claimaint will return your money in due course

I do hope this to be true! 😃

What does the 4th point mean? 

I wasn’t sure if it meant they didn’t have to return the money but surely that can’t be correct. 

Coupon-mad

That's the problem.

If you don't act immediately they'll get away scot free.  Could be wrong but I think it looks like they are trying to walk away without paying you back.

See if @Johnersh replies and agrees...

I think you need to make an immediate (I mean tomorrow!) N244 application - tick 'without a hearing' - to STAY AND/OR STRIKE OUT THE WRIT OF CONTROL and ask that the court also reads the concurrent N244 application by the Claimant, and changes their suggested Order (which, despite the misleading heading by DCBLegal, is not and never was a Consent Order) removes their draft point (iv) and instead ends the Order with the following:

iv.  The Writ of Control is cancelled, and

v.  The Claimant do reimburse the sum paid to DCB Ltd as a result of the Writ of Control (evidenced by the Defendant to be £1798) plus £12, being the fee for the concurrent application by the Defendant to stay/cancel the writ.  Total: £1810 to be paid by the Claimant to the Defendant within 7 days of service of this Order.

------------------------------

Attach to your N244 a (signed & dated under a statement of truth) witness statement saying the below (your brief story of being forced to pay £1798) and attach a copy of the bailiff's paperwork he left you with, plus proof for the Judge to see that you paid that sum:

I had a  I had a visit from DCB informing me I owed money as I failed to attend county court, I never received any previous letters nor did I receive a county court letter, this is not something I would of ignored, before seeing this forum I would of probably just paid the initial fee. 

As you can imagine this came as a massive shock and I felt threatened in my own house, I was home alone with my 5 month old son and had this guy telling me I owed them £1798 and if I didn’t pay within 10 minutes these fee would increase. 

if I didn’t make payment they would start removing my possession from my house. 

I didn’t have enough knowledge to know where I stand so therefore made the payment.

Ring up the CCBC tomorrow before 3pm. Ask them to locate the N244 file relating to the Claimant's application and add notes and paperwork that you are immediately emailing over, to advise the Judge that:

- the so-called 'by Consent' Order they have attached is not a Consent Order at all; the Defendant had never seen it until a copy was shared on 16th March.  The Defendant has not agreed nor signed it because the Claimant has extracted £1798 from the Defendant as a result of this nullity of a claim, which monies clearly must be refunded, and

- the CCBC must amalgamate the two applications into one case in 'box work', so that the reviewing Judge sees both, but with yours on top.

Pay the fee to stay the writ, which is £12.

Pay it over the phone to the CCBC and STAY ON THE PHONE and insist.  DO NOT be told you need to pay £108 or £275 because there is already a set aside application in and paid for and all you wish to add is a new draft Order and witness statement and to stay the writ and secure the necessary refund as part of the Judge's Order.

EthanCL

Coupon-mad said:

That's the problem.

If you don't act immediately they'll get away scot free.  Could be wrong but I think it looks like they are trying to walk away without paying you back.

See if @Johnersh replies and agrees...

I think you need to make an immediate (I mean tomorrow!) N244 application - tick 'without a hearing' - to STAY AND/OR STRIKE OUT THE WRIT OF CONTROL and ask that the court also reads the concurrent N244 application by the Claimant, and changes their suggested Order (which, despite the misleading heading by DCBLegal, is not and never was a Consent Order) removes their draft point (iv) and instead ends the Order with the following:

iv.  The Writ of Control is cancelled, and

v.  The Claimant do reimburse the sum paid to DCB Ltd as a result of the Writ of Control (evidenced by the Defendant to be £1798) plus £12, being the fee for the concurrent application by the Defendant to stay/cancel the writ.  Total: £1810 to be paid by the Claimant to the Defendant within 7 days of service of this Order.

------------------------------

Attach to your N244 a (signed & dated under a statement of truth) witness statement saying the below (your brief story of being forced to pay £1798) and attach a copy of the bailiff's paperwork he left you with, plus proof for the Judge to see that you paid that sum:

I had a  I had a visit from DCB informing me I owed money as I failed to attend county court, I never received any previous letters nor did I receive a county court letter, this is not something I would of ignored, before seeing this forum I would of probably just paid the initial fee. 

As you can imagine this came as a massive shock and I felt threatened in my own house, I was home alone with my 5 month old son and had this guy telling me I owed them £1798 and if I didn’t pay within 10 minutes these fee would increase. 

if I didn’t make payment they would start removing my possession from my house. 

I didn’t have enough knowledge to know where I stand so therefore made the payment.

Ring up the CCBC tomorrow before 3pm. Ask them to locate the N244 file relating to the Claimant's application and add notes and paperwork that you are immediately emailing over, to advise the Judge that:

- the so-called 'by Consent' Order they have attached is not a Consent Order at all; the Defendant had never seen it until a copy was shared on 16th March.  The Defendant has not agreed nor signed it because the Claimant has extracted £1798 from the Defendant as a result of this nullity of a claim, which monies clearly must be refunded, and

- the CCBC must amalgamate the two applications into one case in 'box work', so that the reviewing Judge sees both, but with yours on top.

Pay the fee to stay the writ, which is £12.

Pay it over the phone to the CCBC and STAY ON THE PHONE and insist.  DO NOT be told you need to pay £108 or £275 because there is already a set aside application in and paid for and all you wish to add is a new draft Order and witness statement and to stay the writ and secure the necessary refund as part of the Judge's Order.

Thankyou for your help; this is new to me and just wanting to ensure I get this correct.

so I print the form out tomorrow and fill this in, do I then email this across or do I post it with all information, as suggested, attached!? 

il give the CCBC a call tomorrow and quote everything you have said above. 

EthanCL

What do I put in point 3, is that basically what I'm asking for? 

Coupon-mad

You put what I told you to put.  I already typed it out above; everything you need to say. I didn't type out wording for iv and v only for it not to be used!

I also told you what to put in your concise attached WS and what evidence to attach.  It is all above in my advice already.

You must email it all while speaking to the CCBC and pay the £12, making sure they have located the file and stopped the C's N244 going to a Judge without yours.

Preferably make the phone call first thing.


NB: In case you were thinking of it I don't reply to private messages, no time and I drown in them!  So please just do what's advised.  Re-read what I said.

EthanCL

Coupon-mad said:

You put what I told you to put.  I already typed it out above; everything you need to say. I didn't type out wording for iv and v only for it not to be used!

I also told you what to put in your concise attached WS and what evidence to attach.  It is all above in my advice already.

You must email it all while speaking to the CCBC and pay the £12, making sure they have located the file and stopped the C's N244 going to a Judge without yours.

Preferably make the phone call first thing.


NB: In case you were thinking of it I don't reply to private messages, no time and I drown in them!  So please just do what's advised.  Re-read what I said.

I know you did, of which I appreciate. I just want to make sure I’m doing this correctly.

so I literally copy and paste 
to STAY AND/OR STRIKE OUT THE WRIT OF CONTROL and ask that the court also reads the concurrent N244 application by the Claimant, and changes their suggested Order (which, despite the misleading heading by DCBLegal, is not and never was a Consent Order) removes their draft point (iv) and instead ends the Order with the following:

iv.  The Writ of Control is cancelled, and

v.  The Claimant do reimburse the sum paid to DCB Ltd as a result of the Writ of Control (evidenced by the Defendant to be £1798) plus £12, being the fee for the concurrent application by the Defendant to stay/cancel the writ.  Total: £1810 to be paid by the Claimant to the Defendant within 7 days of service of this Order.

into box number 3? 

I’m completing this now so I can contact them first thing in the morning.

my witness statement will be completed next with all the information you have told me.