DCB Legal Ltd Claim Form delayed in mail redirection abroad

Coupon-mad

No.  The hearing will happen. If they aren't arranging the call, the court will of course.  So you know who to send your phone number to.

neilflah

Phone number to the court, ok.  Do I need to provide any further to the court?

So I will represent myself (or possibly involve Contestor) and DCB Legal will be a no-show and rely on the court to make the phone call even though the court ordered the Claimant to arrange the phone call for all parties.  

DCB Legal are claiming the claim form was issued to the correct address before I left the UK based on a date on their claim form letter.  I have no proof that it did not arrive in the post before I departed the UK, but it definitely did not.  I received it as redirected mail in Poland.  Where is this likely to leave me?

Castle

neilflah said:

DCB Legal are claiming the claim form was issued to the correct address before I left the UK based on a date on their claim form letter.  I have no proof that it did not arrive in the post before I departed the UK, but it definitely did not.  I received it as redirected mail in Poland.  Where is this likely to leave me?

According to your very first post, the claim was issued on 04.08.23, two days after you emigrated.

neilflah

Hi Castle,

Looking back at my original post:  'I emigrated to Poland on 02.08.23 and after travelling around a bit for the past 6 days returned to my new address in Warsaw to find a DCB Legal Claim Form (CCBC Northampton) for claimant Highview Parking Limited.  It's clearly been delayed in the mail redirection from Royal Mail as the issue date is 04.08.23 so I've missed the 14+5 day response period for the AoS.'

This is a mistake, the letter of claim is dated 05 June 2023, yet I did not receive it in the post to my old UK address.  It was redirected to my new address in Poland. 

Castle

neilflah said:

Hi Castle,

Looking back at my original post:  'I emigrated to Poland on 02.08.23 and after travelling around a bit for the past 6 days returned to my new address in Warsaw to find a DCB Legal Claim Form (CCBC Northampton) for claimant Highview Parking Limited.  It's clearly been delayed in the mail redirection from Royal Mail as the issue date is 04.08.23 so I've missed the 14+5 day response period for the AoS.'

This is a mistake, the letter of claim is dated 05 June 2023, yet I did not receive it in the post to my old UK address.  It was redirected to my new address in Poland. 

A letter of claim is not the same as a court issued claim form.

neilflah

aaah yes, so the CLAIM FORM is with an issue date of 04 Aug 2023, received by my redirected post here in Poland on the 30th August 2023.

neilflah

and yes, I Ieft the UK on 02/08/23

neilflah

I'm under no obligation to respond to the Letter of Claim, correct?

neilflah

so am I hopeful in thinking all of this is a load of nonsense?:

We highlight the following in respect of the Defendant’s Application: -

1. Court proceedings were correctly served at the Defendant’s last known address in accordance with CPR 6.9 and accordingly, service of the Claim Form was effective;

2. As a result of the Defendant’s failure to respond to the Claim Form, Judgment in default was granted and was sent to the same address that the Claim Form was sent to;

3. The Defendant has provided evidence that they were no longer residing in the United Kingdom at the time of the Claim Form being served, as such; the Defendant did not have the opportunity to file a response to the Claim;

4. It ought to be noted that DCB Legal conducted a trace on 02/06/2023 to ascertain the Defendant’s last known address of “xxxxxxxxxxxxxxxx”. A ‘Letter of Claim’ was then sent to the Defendant at this address on 05/06/2023. A copy of the ‘Letter of Claim’ has been attached;

5. The evidence provided by the Defendant shows that their Utility account was open until 31/07/2023, and that their mail redirection was in place from 27/07/2023. As the ‘Letter of Claim’ was issued on 05/06/2023, it is evident that the same was issued almost 2 months prior to the Defendant leaving the address at which it was served, yet the Defendant failed to respond or put DCB Legal on notice that they would be leaving the Country. It is respectfully submitted that the Claim was issued to the correct last known address in accordance with CPR 6.9 (3) on 04/08/2024, as neither the Claimant nor DCB Legal had any way of knowing that the Defendant would not be in receipt of the proceedings.

neilflah

it's not my duty to inform DCB Legal I've moved country