DCB Legal Ltd Claim Form delayed in mail redirection abroad

neilflah

Any opinions on this?

Coupon-mad

What is this?

neilflah

The email from DCB Legal to the court and I, stating that the claim is valid as they traced my address when I was still in the UK (02/06/23), issued the Letter of Claim to the UK address (issue date of 05/06/23) and therefore gave me opportunity to inform them I was leaving the country.  I reiterate, the Claim Form was issued on 04/08/23, two days after I left the UK and arrived in redirected mail on 30/08/23.

neilflah

the basis of their case is stated as this:

 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

Hi All,

Ok, so I've re-read some earlier threads and I'm now not panicking about DCB Legal's position of using the 'last known address'.  Soft-trace not used, I was there (at my new address) to be found, etc.  I've yet to request a SAR from the PPC, should I get on with this now in preparation for a second hearing down the line for the PCN?

In answer to your previous question Coupon-mad, the court has not issued a timeframe for me to supply my phone number to them for the hearing on setting aside judgment on 25th March.  From your advice, I will email DCB Legal my Polish telephone number informing them that I wish to attend the telephone hearing and cc in the court.  

I feel I need more information on preparation for this telephone hearing which DCB Legal have already stated, via email to the court and I, they are not arranging (the call) and not attending.  Can I rely on reciting the relevant parts of my N244?  Soft-trace not employed etc.  Can I be as bold as saying I have no obligation to respond to a letter of claim?

Advice appreciated as always.  

Castle

neilflah said:

the basis of their case is stated as this:

 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.

1) First question, your or their mistake, other than time travelling.

2) Did you ever receive any NTK/Reminder/"Debt" letters?

neilflah

Hi Castle,

1)  Their mistake within Submissions and Draft Order.  They must have a magic carpet.

2). Yes, multiple 'invoices'

Coupon-mad

Don't send DCB your phone number.  They aren't arranging the hearing.  Your court is.

neilflah

Ok, so I'm to presume the court is arranging the telephone hearing even though they instructed DCB Legal or the Claimant to do so and that was declined?  I've had no subsequent communication from the court saying they will now arrange the telephone hearing, though it's possible a letter is travelling in redirected mail.  Do they not use email?

Why did Castle ask me this:  2) Did you ever receive any NTK/Reminder/"Debt" letters?

Castle

neilflah said:

Ok, so I'm to presume the court is arranging the telephone hearing even though they instructed DCB Legal or the Claimant to do so and that was declined?  I've had no subsequent communication from the court saying they will now arrange the telephone hearing, though it's possible a letter is travelling in redirected mail.  Do they not use email?

Why did Castle ask me this:  2) Did you ever receive any NTK/Reminder/"Debt" letters?

Because a Judge might ask you that question and then go on to find on the "balance of probabilities", that they also sent the Letter before claim in June 2023.