Unpaid CCJ letter received from DCBL today

remzeh1

How long have people been taking to get hearings recently?

Coupon-mad

Set aside hearings (assuming CCJ hearings is what you mean) should be prioritised but some take many months.

remzeh1

Yes the set aside hearings. 

Wondering how long roughly I can expect to wait until my hearing after I filed my N244 on Monday. 

I’m a property investor and require mortgages all the time so this really isn’t ideal 

remzeh1

Letter received today saying this has now been transferred to the County Court in Newcastle - Progress!

remzeh1

Hi all, I got my court hearing date through the post yesterday - 21st August in Newcastle which I've cleared my day for, BUT....

This morning, I received an email from DCBL which contains a letter which says the following:

'Upon review of the evidence provided, it is accepted that you did not reside at the address of 'THE LONDON ADDRESS', when the Claim Form was issued. However, it is respectfully submitted that a PCN was affixed to your Vehicle and Notices to Keeper from our Client were sent to the address of 'THE NEWCASTLE ADDRESS'. This is the same address that you have confirmed as your address for service. It is therefore submitted that prior to legal proceedings you were afforded the opportunity to either pay or appeal the PCN and yet failed to do so. You therefore remain liable for the outstanding debt.

Despite the above, our Client has taken a commercial view and asked that we propose the enclosed Consent Order; in which Judgment would be set aside, providing the debt of £314.64 is paid in full.

If you agree to the enclosed and the same is sealed by a Judge, the registration of the Judgment will be removed from your credit file by the Registry Trust and will no longer negatively impact your credit rating. It will also conclude your liability to our Client in respect of this claim.

If agreed, payment of £314.64 is to be made by no later than 11/08/2023 to the below account: -

DCB Legal Ltd Client Account Sort Code: 20-24-09 Account no: 60964441 Reference: XXXXX

Please also sign and return the Consent Order to this office by 11/08/2023 so the Consent Order can be filed with the Court. You may wish to return the document by email to xxx@dcblegal.co.uk.



What should I do? They've admitted that they've sent it to the wrong address now so that's good, right?

Obviously I've had to pay for the application to have it set aside already, and then they're asking for the £315 - so I'd be out of pocket by more than 500 quid from this 1 alone - not forgetting they've already had my pants down for the other 2 which I paid in January.

Help please!

remzeh1

Any advise please ?

Coupon-mad

Reply and say thankyou for confirming you knowingly sent the claim form to the wrong address.  Very useful to show that your client is liable for my costs.

I won't be paying you and your draft Order is not consented.

Off you pop.

remzeh1

The only thing I’m conscious about is that I paid the first 2 and I’ve mentioned in my witness statement that all of the fines are linked 

Will the judge not use that against me?

or is that irrelevant because this is a hearing to set the judgment aside and they’ve now admitted they sent it to the wrong address so it’s just a matter of turning up?

Coupon-mad

Irrelevant and in any case if there were more PCNs they should have included them in one claim.  Not several.

They can't keep coming back for more bites of the same cherry (search the forum for Henderson v Henderson and use it if you need to voice this point).  It is legally estopped.

remzeh1

So what if the judge asks why I didn’t sign the consent order?

Shall I say that I wanted to request that the claimant reimburse me for my application fees as I wouldn’t have been £250 out of pocket if they’d sent it to the correct address?

Are they going to ask me about the claim itself?