PCN for Camponile hotel - DCB Legal

Mut12345

https://forums.moneysavingexpert.com/discussion/comment/81890242#Comment_81890242

honestly my point for appeal would be the procedural error from the courts that only gave me about 24hours to write my witness statement,

I barely had time to put it together so didn't include the points on the Mazur case or Sarah Enshall...

I am pretty gutted by it all in honesty and my faith in the system

Coupon-mad

You should have raised Mazur verbally as a preliminary matter. It's damning new case law that was open to you to use at the hearing … and it would likely have seen a different outcome.

Sadly, in small claims it's all about what you say on the day.

I do think you were treated very unfairly by the court service and I feel for you.

Mut12345

Thanks for your help, it's lesson learned. I should have probed further but was panicking to get something together quickly and couldn't find any of the original court papers (moving home since then and no idea where I'd put them!)

The witness statement was signed off by an accounts manager called MONICA CHEHIN-CRUZ would this had been relevant to the Mazur case or is it only the original claim papers?

I have another ongoing claim with DCB Legal so will definitely be including Mazur in the WS if it comes to that stage and I can find the paperwork

Coupon-mad

Get your own back with the other claim! Hopefully it's not TCP as the claimant because most other clients of DCB do not proceed to hearings.

MONICA CHEHIN-CRUZ works for TCP so she was entitled to provide and sign a WS.

Sarah Ensall was not entitled to sign off claim forms but she did, for years.

Mazur should have killed this case.

But be aware Mazur is being appealed some time this year so don't assume, ask us on your other thread, when you get to WS stage.

Mut12345

Im not sure what it will do but I'm putting a further complaint in writing to the HMCTs because of the manner in which the judge dismissed the procedural error by St Helens Courts. I actually bought it up twice during the hearing and he seemed to think I had been served the papers in January even though I re-iterated I had no idea about the heating until last week!

It's infuriating really especially considering if I had even an extra 2-3 days to prepare I could have had a better outcome...

Anyway will keep you posted here. Appreciate your help throughout @Coupon-mad

Mut12345

https://forums.moneysavingexpert.com/discussion/comment/81890242#Comment_81890242

A bit confused but just looking into this but apparently paying straight away does not remove the CCJ and it stays on credit file for 6 years as satisfied? Id then need to apply to the courts to get it removed?

I'm also reading about going down the N244 set aside route as well? (Genuinely contemplating this if above is true)

P.s I was ordered to pay £212 and the DCB legal portal is saying £252

Coupon-mad

A bit confused but just looking into this but apparently paying straight away does not remove the CCJ and it stays on credit file for 6 years as satisfied? Id then need to apply to the courts to get it removed?

Nope, AI got that completely wrong.

And you can't set aside a judgment made at a hearing.

Ring DCB Legal up and INSIST on paying £212. Please record the call on another phone and redact all names then let us hear the rubbish they try to say.

I want evidence of them misleading you (if they do) or fobbing you off to DCB Ltd (say "No, the court ordered me to pay your client £212 and I will not be told to ring your bailiff arm").

If you feel uncomfortable END THE CALL but please please record it by having your phone on loudspeaker and another device recording it all.

Mut12345

So I phoned them up and paid it today, after putting me on hold for a minute did change it to £212.. scam company right until the end!

On the bright side I got a W on the other case Vs Eurocarparks as they discontinued that so at least won that

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81906000#Comment_81906000

OOOH please show a pic of the attached NoD on this other thread of yours today, otherwise Umkomaas can't count your win:

https://forums.moneysavingexpert.com/discussion/6620796/help-with-ignored-pcns-and-2x-dcb-legal-court-letters