ECP /DCB LEGAL COURT CLAIM 3

Coupon-mad

My advice hasn't changed.

Re-email your defence to Claim Responses (attached as a signed & dated PDF, which means it stands as filed again and not struck out - sneaky but true) and say you never received the DQ because it seems they sent it to your old address.

Confirm your correct address was the one on the Claim Form all along. Make out that this was a CNBC error. Try it as a complaint. Don't forget to attach the signed & dated defence.

They'll probably tell you to file an application to set aside the judgment. (£313 fee but if your savings are also minimal you might well qualify for help with fees). It could be free for you, so there's no point paying the CCJ if you can set it aside & ask the judge to strike the claim out as well.

Do exactly what I posted. 

gavino76

Done

Acknowledgement received

gavino76

Defence re submitted with complaint attached 4th March 22.11pm

Acknowledged, response due within 10 days yet not heard anything

Had multiple calls fron dcbl (unanswered)

Today is last day for response..

What should I do if no response? Bit worried about enforcement action

Coupon-mad

Send a separate email complaint to HMCTS. Ignore DCB Legal and DCB Ltd.

gavino76

Complaint sent to hmcts

Acknowledged

gavino76

Defence returned from cnbc as there's already judgement in place.

Complaint to HMCTS in progress.

Am i right in that no enforcement action can be taken as this is below £700? Bit worried about bailiffs turning up whilst this is going on.

Coupon-mad

Below £600 means Claimants are unable to use HCEOs.

Defence returned from cnbc as there's already judgement in place.

Do you mean the CNBC returned the defence sent on 4th March with a formal complaint?

Did they mention your complaint saying that you never received the DQ because they sent it to your old address?

gavino76

Yes they returned the defence with no mention of the complaint.

Complaint has gone again to HMCTS but not heard anything as yet

gavino76

When the Directions Questionnaires (DQs) were issued to both parties, they were sent to the address that had been updated on the MCOL system. I can see your address on the system was changed twice to xxx first from xxx, and again from xxx. Our internal records must still reflect the claimant's original address unless the claimant submits a formal notice of change. I can't see any such application having been made.

Sanctions order

We didn't receive a DQ from you so to allow you extra time to file this a sanctions order was issued for your DQ to be filed by xxxcc. On xxx xxxx when nothing had been logged on the case your defence was struck out as per the sanctions order and the claimant was able to enter judgment on xxxx 2026.

Removing the judgment

We're unable to remove the judgment administratively. Only a judge can decide whether a default judgment should be set aside, and this requires a formal application. I can't see we made any administrative errors in the handling of the claim.

To request a judge's consideration, you'll need to submit an N244 application notice. You can find the form and guidance here:
N244 form:  https://www.gov.uk/government/publications/form-n244-application-notice

A fee is payable for this application. Information on fees is available in the EX50 guidance:
EX50:  https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

gavino76

Some of the response. Should I go for set aside? There is no evidence of me having updated address.

Even if they did set it aside, would it not still be re entered once I couldn't show having not changed address?

If I don't set it aside, the judegment remains, but they cannot enforce the debt, right?