DCB Legal Ltd Claim

Coupon-mad

Kessler said:

Many thanks @KeithP @Coupon-mad. I have emailed CNBC on 13 June and I'm waiting to hear back from them.  

I will call them this week as well. While I understand that mistakes can happen, I certainly didn't expect this from the courts, especially at this level. It's quite alarming to see that such errors occur frequently.

Very frequently.  Here are just a few i could recall or find, linked in my reply here:

https://forums.moneysavingexpert.com/discussion/6525346/default-ccj-after-aos-and-defence-submitted-was-i-too-late/p2

We've seen loads more than that.  Usually with 3 figure compensation when the complaint is really escalated.

LDast

If the claim is ever resurrected, you will have the opportunity to add abuse of process as the interest calculation on the claim form is has been overestimated (as usual).

Kessler

@Coupon-mad @LDast
Many thanks for the above!
I've just received this email from CNBC! 

"Thank you for your recent correspondence.

I have evaluated your request and I have to confirm that the Judgement stands as you have not completed the Direction Questionnaire which was due on 02 May 2024. As a result, the defence has been struck out on 30 May 2024, followed by the Judgement being issued on 10 June 2024.

What to do now

If you dispute the debt and want to remove the CCJ from your credit record, please fill in an N244 Court Application Form completing sections 1,2,3,10 and 11: In Section 3 you should ask for ‘Judgment to be Set Aside’ and give reasons why you don’t agree with it. Please note, an application to set the Judgment aside is not automatically granted and the outcome of it is at the discretion of a Deputy District Judge.

 

Where to find application

You can download the N244 from www.gov.uk  

Post three copies or email it to Applications.CNBC@justice.gov.uk

 

Fees

There is a £303.00 court fee to process the application. You should send your cheque or postal order (made payable to HMCTS) together with your N244 to St Katharine’s House 21 – 27 St Katharine’s Street Northampton NN1 2LH. Credit/debit card payment can be made by calling our Helpdesk number Mon - Fri between 9am and 3:15pm."

My response to CNBC:

"I initially emailed the DQ to both the claimant and the court (ccbcaq@justice.gov.uk) on March 10, 2024. I received an automatic reply from the court, indicating that the email was closed and providing a list of alternative emails. Subsequently, I resent the DQ (email: dq.cnbc@justice.gov.uk) on March 11, 2024.

Despite these efforts, I received a letter from the court stating that the DQ had not been received. In response, I forwarded the email again on April 23, 2024, twice, out of concern. Both times, I received an automatic response acknowledging receipt.

I have repeatedly emailed the DQ, yet I have received a judgment indicating that I have not returned the DQ. I have attached PDF files of the email communications and DQ as proof (particularly, please note the first attachment - forwarded email). I am happy to forward the original emails if required."

10 July will be a month from the date of judgement. If this is not resolved, do I make a complaint to CNBC? Will not making payment within a month of the judgement hurt my credit with CCJ? 

Any help/advice - gratefully received. 

Coupon-mad

Ring them up in the morning at 8.30am (so they answer) and insist on your case being escalated urgently to the Complaints team to reverse the CCJ which is their error.   Tell them you also want compensation for significant distress and will now phone them EVERY DAY until they apologise and reinstate the defence.

Kessler

@Coupon-mad - Many thanks. Will do!

Coupon-mad

Do not be told to pay for an application.

If a clerk utters that word, tell him/her you want to speak to their supervisor immediately as this CNBC indoctrination (favouring rogue parking firm Claimants at every opportunity and treating Defendants like dirt) is not good enough and they need to hold their hands up when it is their error.

Then phone again every day/every other day and be really polite but angry. Assertive.  Don't be told you have to do something. You don't.

Kessler

@Coupon-mad - many thanks! 

On 9 July morning, I called CCBC and was advised by CNBC to send another email and cc DQ. I did so. A couple of hours later, DQ emailed stating the case was transferred to the local court. (ok good!)

Then I also received a letter dated 9 July, confirming the judgment was set aside. The letter mentioned a requirement to pay a fee within 7 days. 

I'm unsure about the highlighted section. Are they asking me to pay a fee within 7 days? Legal terms - all Greek to me! Many thanks for any advice!

Gr1pr

They are if you had a reason to do what it says, ditto for the claimant too

Sit and wait for the court you redacted to contact you by post 

KeithP

No fee needs paying.

Only if you want the most recent Order - that the erroneously made CCJ be set aside - to be set aside.

This is getting a bit convoluted. You have no need to do anything more, other than wait to hear from the hearing court and then be thinking about your Witness Statement and evidence.

Kessler

@Gr1pr @KeithP Many thanks once again! I shall now focus on the Witness statement and evidence.