Set aside for claim form not received

Rick_3M07

blackmath said:

Need some advice please, something not covered in the FAQ. The claimant would have had the correct address.

I have received a default judgement, for a claim which I never received. The last communication on it was September from DCBL. Do you only get one letter from CCBC?

I am someone who always responds and fights these claims.

https://forums.moneysavingexpert.com/discussion/6317503/another-dcbl-claim#latest

But I have checked and never received a claim form. One of the credit providers has warned me a CCJ will show up.

How do I convince anyone of the fact I never received the claim form? Do I have to waste money on a set aside? Don't even know what evidence I would give to prove anything. My details are completely unchanged for years.

Hi Blackmath, I was wondering whether you could please update me on whether you were able to successfully get the Judgement set aside and what the process looked like. Did the court agree and was there a fee involved? 

I have also this week received a £500 CCJ through the post this week (relating to an £6 parking fee!), again made in default as I didn’t receive the claim form to respond(!!).. 

Surprise surprise mine also relates to DCB Legal ( DCBL ), who by the way I consider to be a VERY dodgy law firm.  From reading others accounts online and my own vast experience, they will try every underhand trick in the book to get money from you. These illegitimate tricks range from ignoring blatant evidence sent to them; aggressively and repeatedly trying to intimidate people into paying through threats of court proceedings; claiming that initial letters/claim forms were never responded to (because they never sent them in the first place!)

I am in the process of asking them if they were the ones claiming to have sent the claim form and request proof of service….

Anyway your outcome and any experience would be greatly appreciated! 

Best, Rick

Rick_3M07

Anyone else who reads this and has had a similar experience with DCB Legal (DCBL) please do let me know, because I am already compiling a lengthy list of formal complaints to serve to the Solicitors Regulation Authority (SRA). I firmly believe they should be struck off for malpractice and using underhand tactics to intimidate innocent people into paying. 

Particular things I am most interested in:

1) Claiming to have sent you an initial letter/notice but was never received (which of course was never sent out)

2) Ignoring indisputable evidence provided to them, instead responding with repeated threat to issue proceedings (to intimidate) 

3) Wasting court time by issuing proceedings when, if they had considered the evidence clearly presented to them, it could have been resolved earlier. 

It’s about time someone called this so called DCB ‘law practice’ out for what they are - bunch of del-boys, who use intimidation to try get results. 

Coupon-mad

Rick_3M07 said:

blackmath said:

Need some advice please, something not covered in the FAQ. The claimant would have had the correct address.

I have received a default judgement, for a claim which I never received...

Hi Blackmath, I was wondering whether you could please update me on whether you were able to successfully get the Judgement set aside and what the process looked like. Did the court agree and was there a fee involved? 

I have also this week received a £500 CCJ through the post this week (relating to an £6 parking fee!), again made in default as I didn’t receive the claim form to respond(!!)...

I am in the process of asking them if they were the ones claiming to have sent the claim form and request proof of service….

That's the wrong move.

MCOL claim forms are served by the court service (CNBC), not by firms or representatives.

You should have sent the email we suggest in the CCJ set aside section of the NEWBIES thread. And have you checked your V5C if it seems that they used an old address provided by the DVLA?

PLEASE DON'T ANSWER HERE.

Start your own new thread but only after reading the CCJ set aside section of the 2nd post of NEWBIES PLEASE READ THESE FAQS FIRST.

No link needed.

See my signature below: