Help with defence against DCB

Coupon-mad

Yep we knew all of this already (putting those words in the subject line is probably in one of the threads I linked) but it's good that they reassured you and gave the correct info.

defender001

Of course now I got more letters from DCB Legal (saying I lost and have one month to pay in order to save my credit record) and still no word from the Court... I will wait another couple of days and call them again. That will be 10 days from the "unprocessed documents" e-mail. How can the court mess up so badly!?

Coupon-mad

Terrible isn't it?

Did you lodge a complaint also with HMCTS because they act fairly quickly and can lean on the CNBC.

defender001

Hi! I lodged a complaint with the HMCTS. Coincidently, I believe, the next day I got an e-mail saying that a District Judge has ordered that the judgement be set aside.

Today I got a a letter from the CNBC reiterating this. Amongst other things, it says:

IT IS ORDERED:

The Judgement be set aside because the Defendant had filed a Response prior to the Court entering Judgement. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I'm now a bit confused. Do I still need to do anything or just wait?

defender001

To follow up: I think everything is fine. I got a follow up letter from HMCTS saying that the receipt of my defence has been acknowledged and sent to the claimant. Also that the ball is in their court to indicate whether they want to follow up or not. I am fairly sure they will, so the saga continues!

Castle

defender001 said:

Hi! I lodged a complaint with the HMCTS. Coincidently, I believe, the next day I got an e-mail saying that a District Judge has ordered that the judgement be set aside.

Today I got a a letter from the CNBC reiterating this. Amongst other things, it says:

IT IS ORDERED:

The Judgement be set aside because the Defendant had filed a Response prior to the Court entering Judgement. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

I'm now a bit confused. Do I still need to do anything or just wait?

Check your MCOL claim history on Monday which should show the re-instatement of your defence.

defender001

Check your MCOL claim history on Monday which should show the re-instatement of your defence.

I forgot to reply: yep, it's there! There are 3 entries showing up in MCOL, all with the same date:

1. An application to set aside (remove) judgment was submitted to the court on 21/06/2025
2. The application to set aside (remove) judgment was granted on 21/06/2025
3. Your defence was received on 21/06/2025

No signs of DCB Legal following up yet... I wonder if they even review the defence before carrying on just to put us through the entire process... I'm really keen on countersuing them when this is all over.

Coupon-mad

It will be too late to try a counterclaim. Should have been added into the defence.