Another out of the blue CCJ from DCBL.

Coupon-mad

it is from the date of the claim not the date of the default: 
"Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form."

Yep.        

gizzy6791

So I have just received another email from DCB Legal after they have received a copy of my N244 application.

” Dear NAME,

We write further to your correspondence below.

It is noted that you seek for the Judgment to be set aside on the basis that you did not receive the Claim Form.

Please be advised, the exhibits included within your Application, fail to evidence that you were not at the address held on file at the time of proceedings.

Therefore, in order for us to review the matter further we require evidence such as a utility bill at the time the Claim Form was served. Please provide this within 7 days.

We look forward to hearing from you.”

Basically the same response to my evidence that I provided to them before making the application.

They didn’t even spell my name correctly in the email…

gizzy6791

@Coupon-mad Should I respond to the above or ignore as my application is now in?

Coupon-mad

No harm in sending a utility bill if it shows you were elsewhere.

gizzy6791

Coupon-mad said:

No harm in sending a utility bill if it shows you were elsewhere.

As I told them previously, I’m currently living with my parents so utility bills aren’t in my name.

lydecker_777

Have you considered a subject access request to the DVLA? This will show when they obtained your data and when you changed your driving licence address too?

gizzy6791

lydecker_777 said:

Have you considered a subject access request to the DVLA? This will show when they obtained your data and when you changed your driving licence address too?

I have provided those details alongside my end of tenancy, car insurance policy, bank, etc….

gizzy6791

Coupon-mad said:

No harm in sending a utility bill if it shows you were elsewhere.

@Coupon-mad  Do you think this reply would be appropriate or pointless as it appears they are playing silly games:

“As outlined in my witness statement, I have moved into my parents, thus have no utility bills in my name.

Also outlined in my witness statement, you miraculously managed to trace current address shortly after the default judgement to request money.”

gizzy6791

@Coupon-mad

Just received yet another reply from DCB Legal…

Dear [NAME]

We write further to your correspondence below. 

WITHOUT PREJUDICE SAVE AS TO COSTS

Please see the attached for your consideration.

Should you be agreeable to the Terms outlined within the Order and the same is approved by a Judge, the registration of Judgment will be removed from your credit file and will no longer negatively impact your credit rating. It will also conclude your liability in respect of the Claim.  

If agreed payment of £412.44. is to be made (£123.00 Consent Order fee & £289.44 Judgment). Please also sign and return the Order.  

Upon receipt of the Order, we can confirm we will countersign and file at the Court to be sealed by a Judge. It ought to be noted that as the matter will be filed with the Court, we are unable to provide a time frame in which the Order will be considered however, we will notify you once we are in receipt of the same.  

Payment of £412.44 can be made via our websitewww.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

DCB Legal Ltd Client Account　　 

THEIR ATTACHED ORDER:

Before an Officer of the Court

UPON the Claimant and the Defendant having agreed to the terms of this Order;

AND UPON the Claimant accepting that, although the Claim Form was served to the Defendant’s last known address pursuant to CPR 6.9(3) following a trace, the Defendant avers they were not in receipt of the same and therefore was more likely than not in a position to respond to the same;

AND UPON the Defendant having paid the claim in full;

AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR 13.3;

IT IS ORDERED BY CONSENT THAT:-

1. The Judgment entered herein on the [DATE] be and is hereby set aside.

2. It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited.

3. The Claim be dismissed.

4. This Order including its terms and conditions, and the substance of all negotiations in connection with it are private and confidential and shall not be disclosed by the Parties to any third party without prior written consent given on behalf of each of the other Parties, other than (a) to its legal or other professional advisers, auditors or insurer, (b) as required by law or regulation, and/or (c) as far as necessary to implement and enforce any of the terms of this Agreement.

5. There be no order as to costs.

——————————————-

Not sure why I should be expected to pay, I’ve paid for my N244 application already. 

So I would be expected to pay £313 for my N244, £123 for the joint consent order, AND they’re still trying to claw back the £289 which they initially wanted!!

They didn’t want to respond sensibly before I submitted and paid for the N244.

Also not sure if I should respond, and if so, what?

gizzy6791

@Coupon-mad

Do you think this response to the above is appropriate?

-------------------------

Dear Sirs,

Unfortunately I do not agree to the Terms outlined within your Order.

As you stated in your Order "the Defendant avers they were not in receipt of the same and therefore was more likely than not in a position to respond to the same", and similarly, as I mentioned previously, the Claim Form was never received.

The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice.

Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” 

In addition, if there is “reason to believe” under CPR 6.9 (3) that the address is not good for service, claimants who do not then take reasonable steps to trace any new address prior to litigation risk invalid service and expiry of the claim form under CPR 7.5.

Not only that, had you not dismissed my evidence in the first instance, I would not have needed to make an N244 application at a cost to myself of £313 and this could have been dealt with as a joint application to set aside the judgment as per my initial email.

I see no reason why I should pick up the costs or pay additional costs. Had the Claimant performed due diligence, then this would not have escalated to the current state.

Regards.