DCBLegal / UKPC blunder !

STAVROS

We are defending a County Court claim which we are constructing at present. Our present attention though is on drafting the counter claim as DCB blatantly and in writing breached a Mental Health Crisis Breathing Space. The MHBS  is a relatively new and niche area of law administered by the Insolvency Service. Of course the newbie paralegals at DCB don't know the difference between a standard Breathing Space of the Debt Respite Scheme and a Mental Health Breathing Space. ( The latter has a 30 day extension ) Hence the breach. We think that a counterclaim of £900 for  distress etc ( Thin Skull rule would apply here ) as per Vento scales is modest. I think it's unlikely but has anyone else had experience of a Debt Respite Breathing Space contravention by a creditor? 

KeithP

You seem to be expecting quite a lot from a forum devoted to parking.

Have you tried somewhere like legalbeagles?

STAVROS

As CJ once said " I didn't get where I am today by having expectations !" Seriously though I am not looking for advice, just wishing to share an experience. Though considering the backlogs in the County Court circuit it could be quite a long share.

Grizebeck

KeithP said:

You seem to be expecting quite a lot from a forum devoted to parking.

Have you tried somewhere like legalbeagles?

Awful forum

Coupon-mad

Good luck though.  The Vento bands and the thin skull rule are the right way to argue it IMHO.

However, Counterclaims don't fare well in the small claims track and by doing this you are forcing your case to a hearing, including the PCN claim itself, that otherwise wouldn't end up at a hearing (it would die away before).

Why not do it separately?

I think it would fare better because you could take your time and also name both the PPC and DCBLegal as jointly liable.

That would put the cat among the pigeons...and seems to me to have better prospects of the mud landing on one of them.

 i.e. defend the claim (no counterclaim) which will see it discontinued.  Make sure your defence goes in strong about the distress and harassment, so they cannot say they didn't know, and so this claim too becomes part of the abusive course of conduct.

Then (after the discontinuance, just when they think it's all over) send a LBC to DCBLegal and UKPC (both).  Using the Vento bands and the Mental Health Crisis Breathing Space rules, to support your case.  Nice and clear and state why you are claiming and how much.

Then a small claim, naming both Defendants.

Let them both squabble about who caused it.  You might well get financial settlement offers as this is risky for them.

Tick yes to mediation for your claim.

Your claim (revenge being a dish best served cold) would IMHO be made stronger by the fact that they compounded their aggression or negligence (doesn't matter which) by dragging the victim to the small claims track.  They carried on bluffing then discontinued, as they are wont to do, using consumers like punchbags and discarding the tougher ones by discontinuing - clearly zero intention to reach hearings.  Abuse of the court system and abuse of the person.

I reckon that could have legs.

Umkomaas

👆 I like it! 👆

Grizebeck

Go with the above