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Another out of the blue CCJ from DCBL.

11718202223

Comments

  • gizzy6791
    gizzy6791 Posts: 138 Forumite
    100 Posts Name Dropper
    gizzy6791 said:
    You are definitely missing an Order from the judge, confirming the CCJ set aside and whether costs were reserved or not.
    Not sure what I can do about that, I definitely didn't receive one. The CCJ has been removed.  :|
    I didn't type what to do because I expected you to just phone the court.
    Sorry, I just thought it was too late and I’d done something wrong. I’ve got so confused through the whole process. Thanks,
  • gizzy6791
    gizzy6791 Posts: 138 Forumite
    100 Posts Name Dropper
    Contacted the Court for a copy of the order, and, unrelated, have just received the following from DCB Legal:

    We write to you in relation to the above matter. 

    To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £100.00 in full and final settlement of this Claim. The current outstanding balance is £289.44.

    Should you be agreeable to this offer, please confirm the same. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer: 

    DCB Legal Ltd Client Account 

  • Umkomaas
    Umkomaas Posts: 44,195 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you @gizzy6791 for the copy of your NoD. I can now get this counted in the DCBL Legal thread of shame. 👍 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • patient_dream
    patient_dream Posts: 4,189 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    gizzy6791 said:
    @Coupon-mad @Umkomaas

    And the inevitable!!!

    Thanks so much to everyone who help me through this process, especially @Coupon-mad!!

    Just need to wait to see if I receive my set aside fee back now, but overall a positive outcome.


    Well done, the famous TRY-IT-ON due retire to the CHICKEN OUT FARM
  • gizzy6791
    gizzy6791 Posts: 138 Forumite
    100 Posts Name Dropper
    edited 21 January at 9:20AM
    gizzy6791 said:
    @Coupon-mad @Umkomaas

    And the inevitable!!!

    Thanks so much to everyone who help me through this process, especially @Coupon-mad!!

    Just need to wait to see if I receive my set aside fee back now, but overall a positive outcome.


    Brilliant! You won.  :D

    ANOTHER ONE BITES THE DUST!

    Email a copy of that to the court and say you are still waiting to see the Order from the CCJ set aside hearing judge. Attach a receipt for the £313 fee you paid and say you understand that costs were 'reserved' at the hearing and have seen no Order to suggest otherwise, therefore this discontinuance now opens up those costs to be ordered for the Claimant to pay and you await confirmation from the judge.
    @Coupon-mad before I even got chance to email and ask that, I received a response to the request for a copy of the Judges Order.

    It is a one-liner:

    IT IS ORDERED THAT
    the judgment against [NAME] dated 16 April 2025 be and is hereby set aside.

    That's the entirety of the document.

    Yet the letter I received in the post stated:

    Unless the claimant does by 4.00pm on the 22 January 2026 pay to the court the trial fee of £27.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 22 January 2026 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.
  • Gr1pr
    Gr1pr Posts: 12,092 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    I think that you will need to email the judge ASAP and ask for your costs,  adding a copy of the costs assessment 
  • gizzy6791
    gizzy6791 Posts: 138 Forumite
    100 Posts Name Dropper
    Gr1pr said:
    I think that you will need to email the judge ASAP and ask for your costs,  adding a copy of the costs assessment 
    Is this OK?

    Dear Sir/Madam,

    I am writing regarding the Judges Order I have received from my set aside application in [COURT] on DATE.

    The Judges Order states nothing as to costs.

    The Notification of Allocation to the Small Claims Track (Hearing) letter states: 

    "Unless the claimant does by 4.00pm on the 22 January 2026 pay to the court the trial fee of £27.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 22 January 2026 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred."

    The Claimant has now discontinued this Claim, therefore this discontinuance now opens up those costs to be ordered for the Claimant to pay and I await confirmation from the judge.

    [ATTACH NoD]

    Kind Regards
  • Coupon-mad
    Coupon-mad Posts: 159,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 January at 12:45AM
    I'd change:

    "The Judges Order states nothing as to costs."

    to

    The court is aware that I paid a £313 fee (receipt attached) for the process of the CCJ to be set aside and the Claimant had ample opportunity to discontinue throughout. They did not, and now they have discontinued at the eleventh hour. The judge may already have noticed the pattern that the most common outcome of defended (DCBLegal-filed) parking cases is late discontinuance, making Claimants liable for costs (r.38.6(1)).

    There are still costs in the case because the Order was silent about them. Further, at the point where my costs were incurred (and at the CCJ set aside hearing) the case was not allocated to track, therefore there is no requirement for me to set out the Claimant's course of unreasonable conduct. The Claimant discontinued and did not comply with the recent Unless Order. My costs must now be awarded, to conclude the matter.

    The recent Notification of Allocation to the Small Claims Track (Hearing) letter states: 

    blah blah...


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