VCS/Elms legal Ltd CCJ * victory*

The_Loner

My Daughter has today opened a letter from DCBL, informing her of a CCJ dated 17/4/2024, client Elms legal.

This is her first knowledge of this claim and doesn’t know what it relates to.  

My guess is all correspondence was to her old address, she moved 10 months ago, she updated her license not long after moving.

It looks to me they’ve gone for judgment in default knowing she didn’t live at that address any longer and have done a trace after CCJ issued.  

She is unsure whether to pay or go for set aside, the cost of CCJ is less than set aside fee. 

What advice would the forum give, I personally would go for the set aside.

Gr1pr

Updating the driving licence was only one of two tasks for her, that are not related, in that she should have updated the V5c as well, so both , hence the default CCJ 

Clearly they haven't done a trace for her current address, so any paperwork went to the old address, a common problem , not a deliberate act, lazy in just making assumptions instead of paying for a trace 

If she pays for the set aside, £303 , there is no guarantee of getting it back, plus if she loses the original claim then she won't get that back either, so could end up paying both 

If she pays this current CCJ, it will still remain on record for the next 6 years, it won't remove it, which will affect her credit etc, mobile phone contracts, possible employment issues, mortgages or loans etc , not good 

The_Loner

Pretty sure she updated V5c at same time. She has no idea of what the claim relates to, she must’ve have got a PCN in between leaving her old address and updating her new address. 

Gr1pr

The V5c will have a docref and show the date it was updated, don't assume, check it 

She could have been unlucky with the PCN arriving just after moving, so a postal redirect would have been a good idea at the time too

The parking company is only allowed one DVLA lookup, so cannot go and look again, hence why they should have done a trace if they had not heard anything from her regarding the unpaid PCN from Excel or VCS or whoever it was 

Not_A_Hope

Contact the CNBC to find out the details of the claim that has led to the CCJ. Should be a mandatory set aside if they sent the claim to the wrong address and therefore it will be deemed not served correctly. That will prevent any damage to her credit history for the next 6 years and she can look at the detail of their claim and defend it properly in court. Many are being thrown out because of poorly pleaded particulars of claim.

The_Loner

Just to clarify the DCBL in this matter is the bailiff side of the business and not the legal side.

The Solicitors are Elms, not a clue yet about the parking company.

Will be contacting CNBC later today.

Gr1pr

Elms usually act on behalf of Excel Parking, hence my earlier inclusion 

The CNBC close at 4pm until next Tuesday, so the sooner the better, although they may not talk to you because you are not the data subject, the person who received the letter seems to be the data subject 

Try and get her to obtain copies of the claim form plus any CCJ letter emailed to her ASAP, information is required, also get her to check the date of the docref on the V5c too, to ensure that her new details were or are on it, with her correct address and not the old address 

Due to a default CCJ being issued, that is why it's debt collectors, DCB LTD , not the lawyers DCB Legal, the latter probably weren't involved 

The_Loner

Gr1pr said:

Elms usually act on behalf of Excel Parking, hence my earlier inclusion 

The CNBC close at 4pm until next Tuesday, so the sooner the better, although they may not talk to you because you are not the data subject, the person who received the letter seems to be the data subject 

Try and get her to obtain copies of the claim form plus any CCJ letter emailed to her ASAP, information is required, also get her to check the date of the docref on the V5c too, to ensure that her new details were or are on it, with her correct address and not the old address 

Due to a default CCJ being issued, that is why it's debt collectors, DCB LTD , not the lawyers DCB Legal, the latter probably weren't involved 

I represented my Daughter previously due to health issues, including speaking to CNBC, ironically that did include DCBL legal, which was dismissed at a hearing.

Looking forward to my afternoon in a queue to get through at CNBC !!!

The_Loner

Not too bad getting through, 40 mins, the parking company was VCS, claim issued in March of this year, for alleged overstaying in a free car park.

My Daughter may be able to get help with set aside fees as she is off work at present and on SSP.  

She updated logbook and driving licence last November.

Gr1pr

No brainer then , set aside it is. !

Coupon-mad

The_Loner said:

Not too bad getting through, 40 mins, the parking company was VCS, claim issued in March of this year, for alleged overstaying in a free car park.

My Daughter may be able to get help with set aside fees as she is off work at present and on SSP.  

She updated logbook and driving licence last November.

Read the CCJ set aside threads by:

@Khayman

@Zbubuman