Formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims

Rebecca20192022

Hi I would appreciate some advice here please.

I have just received a letter from DCB Legal. It says it is ‘a formal letter of claim in accordance with the Pre-Action Protocol for Debt Claim’.  The amount of charge is £165 which includes PCN debt recovery costs. If a claim is issued, further costs will be sought, together with an interest rate at 8% above base rate per annum pursuant to s69 of the county courts act 1984. It says this must be paid within 30 days or complete the reply form and financial statement. Failure to do so is likely to result in further costs etc…then it also goes on to offer a ‘dispute resolution call’.

I am aware this is likely designed to scare me into paying, but I also believe they can take this to a small claims courts where I could become liable for costs? Do I pay this to avoid further costs or wait to hear from the court and is anyone clear what the costs actually are?

The unpaid parking charge (can’t remember the actual amount) was from 2021. It has taken a while to catch up with me due to change of address. 

Thank you

KeithP

Hello and welcome.

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

You must make sure that both the parking company and DCB Legal have your correct current address to avoid a Court Claim being processed through the courts without you having an opportunity to defend yourself.

Which parking company are DCB Legal representing?

Coupon-mad

There are no costs because you won't PAY anything!  They add a false £70 (that's already added) and a court fee/legal fee totalling £85 but you won't pay a penny.  No risk.

Read the DCBLegal discontinuances thread by @Umkomaas and click on some of the thread or username links to read what will happen and how it ends up with everyone here paying nowt.

It also looks like you haven't yet read the second post of the NEWBIES thread which explains exactly how to respond to a Letter of Claim AND how to easily win when the daft court claim arrives (that's the stage you WANT!).

Same advice as here:

https://forums.moneysavingexpert.com/discussion/6465746/civil-enforcement-pcn-advice-please

Different company but same advice.

Rebecca20192022

KeithP said:

Hello and welcome.

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

You must make sure that both the parking company and DCB Legal have your correct current address to avoid a Court Claim being processed through the courts without you having an opportunity to defend yourself.

Which parking company are DCB Legal representing?

DCB Legal are representing Spring Parking Ltd. 

Thank you for your help. It's appreciated. I have had a look at all the posts and can see what to to defend myself, but still a bit confused. What happens if I don't defend myself at small claims and just ignore everything and end up with a CCJ. What is the likely amount I may have to pay including any court/legal fees for any side? If I am sent a charge from a court and pay it is the CCJ (any effect of credit rating then removed)? Basically I am trying to understand a worse case scenario and weigh up the effort of defending myself vs any £. Thank you 

Grizebeck

There is no worst case
Forget about paying 

YankeeBrit

Rebecca20192022 said:

Thank you for your help. It's appreciated. I have had a look at all the posts and can see what to to defend myself, but still a bit confused. What happens if I don't defend myself at small claims and just ignore everything and end up with a CCJ. What is the likely amount I may have to pay including any court/legal fees for any side? If I am sent a charge from a court and pay it is the CCJ (any effect of credit rating then removed)? Basically I am trying to understand a worse case scenario and weigh up the effort of defending myself vs any £. Thank you 

This will most likely never get to court as you are dealing with DCB Legal who will invariably discontinue before court if you use the robust defence provided.

However, as you are asking the question, one must surmise that you are quite naive when it comes to legal issues. You are already in danger of getting a CCJ by default because it doesn't sound as though you ever updated your V5C logbook details with the DVLA. Udating your driver's licence doesn't count and you also risk being fined up to £1,000 by the DVLA for this oversight. You can update it online and it is suggested you do so now. Also, you should write to DCB Legal and the PPC and order them to rectify your data by "erasing" your old address and updating it with your current one.

Should you ignore everything, the scammers will obtain a CCJ by default which will total somewhere in the region of ~£325. If you defend it and lose, it would cost you somewhere in the region of ~£200. Does that make it any simpler to understand?

Of course, if you defend it robustly as advised it will cost you in the region of £0. "Weighing up" whether to defend it is an exercise in stupidity. Of course you defend it. If you don't, then you become a part of the problem because you are giving the scammers exactly what they want by funding their scam.

If you do get a CCJ, whether by default or at a hearing, you have 28 days to pay the total amount otherwise the CCJ remains on your credit file for 6 years. Not only does it affect your ability to get credit, even a mobile phone contract will be almost impossible to obtain but things like insurance for your car or home will go up much higher. Why would you want that?

If you do pay the CCJ but after the 28-day period after the order was made, it gets marked as "satisfied" but remains on your credit record for 6 years. You will probably find that a CCJ marked as "satisfied" will give you just about as many problems and heartache as if you hadn't bothered.

So, are you still "weighing up" the "effort" of defending vs "any £"?

Coupon-mad

Rebecca20192022 said:

KeithP said:

Hello and welcome.

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

You must make sure that both the parking company and DCB Legal have your correct current address to avoid a Court Claim being processed through the courts without you having an opportunity to defend yourself.

Which parking company are DCB Legal representing?

DCB Legal are representing Spring Parking Ltd. 

Thank you for your help. It's appreciated. I have had a look at all the posts and can see what to to defend myself, but still a bit confused. What happens if I don't defend myself at small claims and just ignore everything and end up with a CCJ. What is the likely amount I may have to pay including any court/legal fees for any side? If I am sent a charge from a court and pay it is the CCJ (any effect of credit rating then removed)? Basically I am trying to understand a worse case scenario and weigh up the effort of defending myself vs any £. Thank you 

I don't understand the question?

There is no dilemma:

A CCJ ruins your credit for 6 years - adversely affects EVERYTHING IN YOUR FINANCIAL LIFE PLANS - just ask @Harvez63

Defending a claim is just you copying my Template Defence and adding one tiny paragraph.  Fast forward a few months after that, and DCBLegal always discontinue claims with no hearing.  Scam over.  You pay nothing. 

Which one do you think you'll choose?

Harvez63

Morning @Rebecca20192022, I've been in your situation dont be scared or panicked. Do not see DCB as this big scary legal firm, they are more of a bunch of scammers that rely on the pressure stage and court proceedings to get money out of you. They very, very often drop the case a day/week before any planned hearing, its a game they're well practiced in, a game where the goal is to threaten you into paying, courts just leverage but it'll rarely get that far.

You do not want a CCJ on your record, especially with todays interest rates and rising costs. You'll struggle to get new phone contracts, mortgage, house insurance, car insurance, emergency loans/credits, or even switching banks. Do not think you can go 6 years without being seriously effected. a CCJ puts you at the same level as bankruptcy when viewed from the outside. You need to avoid it at all costs! 

However, dont forget, even if you loose at court (which you wont), if you pay the CCJ straight after its removed from your record to. 

I'd say 'fight' these scumbags, but its not even a fight with the help you'll get on here. Its an easy win.

patient_dream

Very good advice

YOU SAY ...
However, dont forget, even if you lost at court (which you wont), if you pay the CCJ straight after its removed from your record to. 

The CCJ does not come into this. If you lost, the judge gives XX number of days ..14-28, to pay and it does not touch your creditf file as there is no CCJ to remove

Your comments about DCBL are correct and nobody should be scared of them. There is only so far they can go with rubbish letters.  The final step being the court ?  DCBL must be 100% correct which we all know they are not.

So the FINAL decision for DCBL is do they proceed or chicken out ... will they risk a court spanking or discontinue

We have already on record 168 DCBL discontinuations which means they escaped from 168 court spankings, no doubt.

The DCBL fiasco is just that and a great game to play

Follow this forum and have fun. No doubt DCBL know they take on rubbish cases which they seem to be addicted to. In the end it makes them look very stupid, on that we can all agree

Harvez63

Thanks for the correction @patient_dream about the CCJ, I'll note that for the future!