Advice please

ryecowley

So currently dealing with a parking charge which ended up with dcb legal, due to lack of time and other things going on at the time I just paid the £170 to make life simple, However I later received a claims letter from the court which had been filed 4 days AFTER I had made payment, filled out defence stating that I had paid before the claim was filed and that I could provide bank statements as proof thinking that it was probably an admin error and it would be dropped, however yesterday received this email from dcb

"Good Afternoon

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

 

Kind Regards,

Litigation Support Team

DCB Legal Ltd"

So what now? the bit about "our client may be prepared to settle this case" makes me think that this is more bully boy tactics to scare me into paying (If I hadn't already done so!) and they will chose to drop the case closer to the time which I have read in other dcb threads is their usual mo

any advice?

Nellymoser

Well DCB LEGAL have said they've read your defence, they haven't bothered to confirm you've already settled. I think your Mandatory Mediation will happen soon be interesting to see how the Mediator deals with this one.

Have a read of the NEWBIES THREAD Post 2 Small Claim. 

Castle

ryecowley said:

So currently dealing with a parking charge which ended up with dcb legal, due to lack of time and other things going on at the time I just paid the £170 to make life simple, However I later received a claims letter from the court which had been filed 4 days AFTER I had made payment, filled out defence stating that I had paid before the claim was filed and that I could provide bank statements as proof thinking that it was probably an admin error and it would be dropped, however yesterday received this email from dcb

Who did you pay; DCB Legal or the parking company?

ryecowley

Castle said:

ryecowley said:

So currently dealing with a parking charge which ended up with dcb legal, due to lack of time and other things going on at the time I just paid the £170 to make life simple, However I later received a claims letter from the court which had been filed 4 days AFTER I had made payment, filled out defence stating that I had paid before the claim was filed and that I could provide bank statements as proof thinking that it was probably an admin error and it would be dropped, however yesterday received this email from dcb

Who did you pay; DCB Legal or the parking company?

Paid Dcb legal

Car1980

Your problem us that you paid them after they made their claim. You will have received the court paperwork a few days after they submitted it at their end.

So now you owe them the solicitors fee, filing fee and interest. You haven't settled and they're entitled to continue the claim.

Unless you can establish the money left your account at X time and they submitted their claim after this. 

That's why you never pay them! 

ryecowley

Car1980 said:

Your problem us that you paid them after they made their claim. You will have received the court paperwork a few days after they submitted it at their end.

So now you owe them the solicitors fee, filing fee and interest. You haven't settled and they're entitled to continue the claim.

Unless you can establish the money left your account at X time and they submitted their claim after this. 

That's why you never pay them! 

You misread, I paid them before the claim date, payment shows on my bank statements on the 24th, date on the claim form is the 28th

Car1980

Ah, apologies. Although you still shouldn't have paid them.

In that case I would email DCB Legal and instruct them to discontinue the case immediately, otherwise you will apply for a summary judgment, through Contestor Legal, with costs.

Coupon-mad

I wouldn't warn them. I'd just go for the strike out. Immediately. Before the case gets allocated to track.

Thankyou for this evidence that DCB Legal are maintaining claims themselves: they are calling the shots after 'fronting' the court fees: your case proves they have not even consulted their client when they received monies several days before litigation and they are clearly not reading defences.