**NEWBIE** CCJ Set Aside Application and breach of Data by CEL/DVLA

StealthLady

Coupon-mad said:

You also need a defence and counterclaim.

This heading makes no sense because the inly application is yours:

"The Claimants Application under **********

Thank you.
I am quite concerned about your mentioning of the HCEO and the fact this needs to be submitted now. 
As I am asking for the CCJ to be set aside as in my WS, can everything be sent now (as in right now) and pending the decision, then complete the form that was not sent by me in time? I have little time to do it tonight and I will be working all day tomorrow until late.

StealthLady

StealthLady said:

Coupon-mad said:

You also need a defence and counterclaim.

This heading makes no sense because the inly application is yours:

"The Claimants Application under **********

Thank you.
I am quite concerned about your mentioning of the HCEO and the fact this needs to be submitted now. 
As I am asking for the CCJ to be set aside as in my WS, can everything be sent now (as in right now) and pending the decision, then complete the form that was not sent by me in time? I have little time to do it tonight and I will be working all day tomorrow until late.

Heading changed and what I said above didn't sound right - I mean I can't finish it all  before tomorrow night and I'm concerned. I did my AoS on MCOL but don't have the actual template form to complete and not sure if I can use the ones on the Newbies. 

Coupon-mad

You'll have to change a few things (like your Draft Order) slightly to maybe say that a defence and counterclaim will be filed and served should the court not strike out the claim at the first hearing, given the overwhelming evidence that there has been a severe injustice due to the Claimant knowingly (after being told at appeal stage) pursuing the Defendant for a case involving the wrong vehicle.

I agree time is of the essence.  Get it in.

Coupon-mad

I really wish you hadn't paid £303 to the CNBC because you would have had far quicker service if you put the application in at your local court instead (and could quite possibly have only paid £15 to 'stay the writ', as two other posters managed).

Having paid £303 you are stuck with weeks of delay as your application moves at a snail's pace through the CNBC awful admin process.

And you still might get HCEOs rocking up.  You must copy in DCB Legal if they filed the claim, so they know your application is live.

StealthLady

Coupon-mad said:

I really wish you hadn't paid £303 to the CNBC because you would have had far quicker service if you put the application in at your local court instead (and could quite possibly have only paid £15 to 'stay the writ', as two other posters managed).

Having paid £303 you are stuck with weeks of delay as your application moves at a snail's pace through the CNBC awful admin process.

And you still might get HCEOs rocking up.  You must copy in DCB Legal if they filed the claim, so they know your application is live.

Thank you.
I'm still awake and its 2:50am. I should be "getting up" for work in 3 hrs, instead, I'm here trying to make right CELs wrongdoings. I called the CNBC and sadly was told I would need to make the £303 to set it aside on their advice as it was the only thing I could do.
CEL filed the claim but the address for "sending documents and payments" is for DCBL Ltd. I will look for an email for them as I planned to CC both CEL and DCBL Ltd on the N244 I am sending to the Courts in the morning if you think this is wise?

StealthLady

Coupon-mad :

Just to ask, where my car is situated is actually on private land - as in there is no right of access apart from the residents and no throughway. We don't even get road sweepers or bin men coming up to the house as we have to take the bins to the "public" part. Will this being private land do anything to stop the HCEO.?

Coupon-mad

No it doesn't stop them.  Only closed doors stop them getting into houses.  Or a car hidden in a garage with door locked.

It was DCB Legal (not DCB Ltd) who filed the claim.  You can copy them in using

info@dcblegal.co.uk

StealthLady

Coupon-mad said:

No it doesn't stop them.  Only closed doors stop them getting into houses.  Or a car hidden in a garage with door locked.

It was DCB Legal (not DCB Ltd) who filed the claim.  You can copy them in using

info@dcblegal.co.uk

Just looked at the original claim and the "Claimant" is listed as (un)Civil EL and the address for documents/payment as "DCB Legal Ltd, Runcorn WA7"

And I think you may have been correct with the HCEO. A small white van turned up just before 7am this morning. I was still working on my defence etc and I caught it at the corner of my eye. It parked in a spot facing my house and was the just a little over 2hrs. The man got out twice to (presumably) urinate behind the van and he was wearing a shirt with what looked like a flat back 'chest bag' on him. He had paperwork as I could see from the CCTV when he was putting it on his dashboard, but I could not see if he also had a camera or anything facing the house. He did not come to the door nor did he go to my car.

I have literally been awake for 27hrs straight and have requested unpaid leave from work to complete this by 2pm, 

This is really taking its toll on me and I was already put onto medication to ease the daily migraines that worsened since this all started. I think its because I just cant find a case like mine to be able to "follow" how they responded at each stage, but I've come this far, and I'm not legally trained, so anything I submit I really shouldn't beat myself up about.

I appreciate the email too and I will ensure I CC them on.

Coupon-mad

I think you are ready to submit it ...

... but you COULD try phoning your local county court this morning and ask if they will take it today as an urgent application to 'stay the writ' because you believe you saw an HCEO outside and are scared the case will be delayed if you send the N244 bundle to the CNBC.

If they ask you to pay £15 just pay it and get the application in locally because it's ten times quicker.  Make sure in the 'what order are you asking for and why?' Box in the N244 that you put 'stay the writ' as your FIRST phrase.

The local court can probably check the records and see if a Writ exists yet.  Ask them.  Stay on the line. Get it done.

Then if this gets accepted for £15, phone the CNBC and ask for a full £303 fee refund because your local county court are handling it instead due to what looked like a HCEO scoping the house and cars.  And you feel you were misled last Friday and not given the option to apply to stay the writ at your local court.  You had to find that option out yourself and were misled into paying an unnecessary £303.

StealthLady

Coupon-mad said:

I think you are ready to submit it ...

... but you COULD try phoning your local county court this morning and ask if they will take it today as an urgent application to 'stay the writ' because you believe you saw an HCEO outside and are scared the case will be delayed if you send the N244 bundle to the CNBC.

If they ask you to pay £15 just pay it and get the application in locally because it's ten times quicker.  Make sure in the 'what order are you asking for and why?' Box in the N244 that you put 'stay the writ' as your FIRST phrase.

The local court can probably check the records and see if a Writ exists yet.  Ask them.  Stay on the line. Get it done.

Then if this gets accepted for £15, phone the CNBC and ask for a full £303 fee refund because your local county court are handling it instead due to what looked like a HCEO scoping the house and cars.  And you feel you were misled last Friday and not given the option to apply to stay the writ at your local court.  You had to find that option out yourself and were misled into paying an unnecessary £303.

Okay. I will look for their number and call them now. Do I let them know I have already paid the £303 to CNBC or don't say if not asked?