DCBL - UKPC - DCB visit.

EthanCL

Coupon-mad said:

Yes, does it fit?

Yes it does, so that’s done.

just doing my witness statement now. 

EthanCL

Is this witness statement correct? 

If not, what changed would you suggest?

Thanks in advance! 

Coupon-mad

Add your address in that first sentence which should be:

I am name of current address.  

Refer to the exhibits you are appending, by Exhibit number (YOUR INITIALS and sequential numbers for each exhibit) to show the bailiff paperwork and your receipt for paying £1798.

State that you have no idea why this unknown claim was enhanced to that huge sum because you have since discovered that wasn't the CCJ amount. and no prior bailiff letters were served.  State that you were in shock and paid under fear, despite knowing no debt was legitimately owed. 

Also add a paragraph stating that you never received a claim form and you now understand the Claimant used an old address.  By this conduct, the Claimant breached the CPRs and the relevant Approved Operator Code of Practice by failing to check the address prior to litigation (a VRM registered address bought by a parking firm for £2.50 is never held out by the DVLA as a reliable address for service of court papers later, and it is mandatory to check addresses before a Claim is filed).

The Claimants and their legal representatives are well aware that the claim was in fact improperly served as well as the sum not being owed in the first place, as the Claimant's legal representative's own witness statement admits.

Attach a utility bill as proof that you were not living at the address they used for the claim.

Finish by stating that this statement is provided in support of your application to stay the writ and to order it cancelled at the same time as setting aside the CCJ and ordering the monies demanded under false pretences to be refunded in full immediately.

Grizebeck

Hmmm
I am not sure i agree
C has already filed this therefore i dont think there is any point in the D filing and paying for one

By the very nature of this application and its wording (although it doesnt say it) D will be reimbursed. 

I would be a little more cautious and do the folllowing

1. Await the court order
2. Contact DCB once received and ask them how they are going to repay you (which i think they will)
3. If they dont then issue a LBC/claim against C

Doing an application now is just a waste of £ and my view misreading this

B789

But doesn't that sum claimed include the hugely inflated costs that DCB Legal AND their scamming debt collection arm, DCBL, have added to the original PCN? If so, isn't their order asking for "no order as to costs" a blatant attempt by DCB Legal to avoid any reimbursement apart from the £100 that they charged for the original PCN?

Grizebeck

B789 said:

But doesn't that sum claimed include the hugely inflated costs that DCB Legal AND their scamming debt collection arm, DCBL, have added to the original PCN? If so, isn't their order asking for "no order as to costs" a blatant attempt by DCB Legal to avoid any reimbursement apart from the £100 that they charged for the original PCN?

No that's for actual costs so not for the actual PCNS

B789

Grizebeck said:
No that's for actual costs so not for the actual PCNS

So, as the OP hadn't yet paid for the N244 set aside, there should be no costs for him/her and they should receive the total amount paid to the bailiff of £1,798?

Grizebeck

B789 said:

Grizebeck said:
No that's for actual costs so not for the actual PCNS

So, as the OP hadn't yet paid for the N244 set aside, there should be no costs for him/her and they should receive the total amount paid to the bailiff of £1,798?

yes thats right

EthanCL

Grizebeck said:

B789 said:

Grizebeck said:
No that's for actual costs so not for the actual PCNS

So, as the OP hadn't yet paid for the N244 set aside, there should be no costs for him/her and they should receive the total amount paid to the bailiff of £1,798?

yes thats right

And if it doesn’t? 

Where do I go from there? 

Coupon-mad

I suggested this way because it will get your papers under the Judge's nose along with DCBLegal's, and only costs twelve quid!

It's well worth intercepting for £12!

I see no downside at all.  I do not trust DCBLegal and do not believe the money is about to be refunded. I don't like a 'wait and see' approach when you know that Order is not what you want, you did not Consent to it and this entire case could go pear-shaped.

Judges tend to go along with 'legals' acting for Claimants and a CCBC Judge at Northampton will have zero idea of what this bulk litigator does to people.

My suggestion gets a Judge - who will, any day now - be looking at DCBLegal's pretend 'Consent Order' to read your side too and order the extra bit for you.  No sweat!

And if it doesn’t? 
Where do I go from there? 

My point exactly.

@EthanCL if you wait and have to issue a claim that is more complicated, not guaranteed to succeed and costs you £115 for claiming over £1500:

https://www.moneyclaimsuk.co.uk/small-claims-court-fees.aspx

It would also take the best part of a year.