DCBL and N1 Claim Form - Next Steps Advice....

CharmingRobbie

OK yesterday I received two letters from CNBC:

"General Form of Judgment or Order" ; and

"Notice of Transfer of Proceedings"

On the Judgment Order, it states the [date] be put aside as entered by mistake as Defendant had filed a DQ on time in [date]

It further states

"IT IS ORDERED THAT…

Judgment dated xxx is set aside.

Claim be sent to the xxx Court

Then has following para:

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. If the application is one which requires a hearing, and

a) the party making the application is the Defendant; and

b) the Defendant is an individual,

then upon the filing of the application the claim will be transferred to the Defendants' home court. In all other cases requiring a hearing the claim will be transferred to the preferred court"

Then second letter

"TO ALL PARTIES

As a result of an order made on XXX this claim has been transferred to the XXX Court"

My interpretation of this is

1. The Judg[e]ment is put aside (removed). Presumably the CCJ will be expunged from my credit report.
2. They have transferred the case to a different Court
3. If I wish to apply to change this I would have to submit the N244, but otherwise there is no immediate action.
4. We are back to where we should have been when I submitted my DQ

Please confirm

Gr1pr

Nearly

1. Correct
2. Only one court is involved, your home court, so it will be transferred there, as standard in these cases
3. Correct, nothing to do until your local civil court post out a court order to both sides
4. Correct

As for 2 the CNBC is not a court, its a civil service office, a central processing hub ( who have judges on call to sign default Judgments ) it is not a court, so its being transferred from a government office to a county or civil court ( an actual court ) , the CNBC is the first half of the game, with the 2nd half played at a different venue

Keep following the 8 steps in the defence template thread in announcements near the top of the forum, followe by studying the what's next part of the 2nd post in the newbies sticky thread in announcements

1505grandad

A heads-up - bet the word "Judgment" is spelt like that and not as you have stated below and in all other refences to it in this context in your post:-

"Judgement dated xxx is set aside."

CharmingRobbie

As an update - all CCJs removed from file. That said DCB still continue to ring chasing funds even though they were informed in writing. They seem disorganised in how they handle official correspondence. I will be formally lodging a complaint in parallel as I still have been receiving multiple automated calls now two weeks after the aside judgement.

[1505grandad yes you are correct, although my understanding they mean the same, and I always assumed "judgment" was US English]

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82044650#Comment_82044650

You are back on the 8 steps in the Template Defence thread, so at this stage, it is normal for DCB Legal (solicitors) to ring asking you to settle. Not that you will!

DCB Ltd (debt crawlers) should no longer be contacting you.

CharmingRobbie

Yep its the debt ones not the legal. I have written to them and kept records on all of it.

CharmingRobbie

Morning, the Court have issued papers for the hearing. In my local court. separately DCB have reached out asking me to contact them so they can make me an offer to conclude the matter.

Separate to that I have formally complained to them about their behaviour (complaints process) where they continually harassed me after the court issued the "put aside" judgment. Their inevitable response was there was no complaint to uphold. So am escalating this to the professional body.

Gr1pr

Standard stuff, eventually CP Plus and DCB Legal will discontinue just before the hearing fee is due, so check pages 1 & 2 on your court order for all the deadlines

CharmingRobbie

So today got an email from DCB Legal: "Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records". So it appears they have decided to halt and discontinue.  

Castle

Could you please post up a copy of the N279.