TPS DCLB legal court claim

Coupon-mad

Yes to all 4 questions.

You'll win and pay nothing at all.

Fluffydogs1011

Hello, 

I received the claim form. They are taking me to court. Do I need to complete this with my income details etc and a counterclaim? If I need to read up on it please can you send me the link as to the next steps? Thank you 

Fluffydogs1011

I can't risk a CCJ because of my job*. Are you 100% sure if I go to court and even if I lose I won't be landed with a CCJ? Thank you 

Gr1pr

What is the issue date on the claim form   ?

Post a picture of the POC on the lower left of the claim form,  after hiding the VRM details first 

I wouldnt expect that anyone would be filling in financial forms,  just the AOS and emailing the defence 

Study the first 2 posts in the defence template thread in announcements 

Please change the thread title to something more suitable like

TPS , DCB Legal court claim 

Nobody will be getting a ccj,  if you lost in court,  you have a 30 days grace period to pay the claimant or lawyers in full,  to avoid the ccj 

Coupon-mad

Fluffydogs1011 said:

I can't risk a CCJ because of my job*. Are you 100% sure if I go to court and even if I lose I won't be landed with a CCJ? Thank you 

Yes.

Because if you lost at a hearing (very rare indeed) you get 30 days to pay. The claim record is wiped. No CCJ remains at all, not even a smudge on your credit record. Why do you think we do this so confidently, daily?  Nobody here risks their credit record.

Of course you don't admit the claim (or part) nor do you fill any income details in.

Read a few exact match other court claim threads to see what 4 things to redact when you show us the Claim Form.

This is the stage you want!  End game.

Fluffydogs1011

The issue date is 08 Jan 2025. The back of the letter says if I disagree with the claim or want to make a counter claim then I must send an acknowledgement of service within 14 days, then the defence to the court to arrive no later than 28 days from the date of service.

Here's a photo of the Particulars of claim.

i just need to research the defence section and what to write. Is there a blanket response or does it need to be specific? 

Gr1pr

No filling in paperwork 

Log into MCOL and do the AOS online 

Check if the issue date is correct in the POC above 

Follow the advice in the defence template thread, plus read a few other recent cases to see what is best for your paragraphs 2 & 3

KeithP

Fluffydogs1011 said:

The issue date is 08 Jan 2025.

With a Claim Issue Date of 8th January, you have until Monday 27th January 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 10th February 2025 to file a Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence, AFTER the paragraph 3 shown in the link:

3.1.  (Whatever your brief facts are: suggest that the keypad sometimes failed or wasn't working and/or if there was an issue such as a typo in the VRM, the Claimant has never made that clear and charging for a typo would not be reasonable or recoverable, in any event).

4.  rest of the Template Defence of (30 paragraphs but DON'T copy & paste it here...please!

Fluffydogs1011

Ok I think I know what I have to do. I need to submit the defence to ClaimResponses.CNBC@justice.gov.uk.

I have seen different defence defences on here. If I can't copy my defence into here how do I know that it is correct?