DCB LEGAL QUERY

Coupon-mad

Gah! DCB Legal would have discontinued in the end and you'd have paid nothing. This was a cinch exercise: copy & paste defence into a box on MCOL ... but you are not the only one and you are aware you messed up.

The only 'damage limitation' possible now, is to email a named solicitor immediately.

I will pm you a couple of names to try.

Do NOT email info@.

Do not beg. Do not write it emotionally.

Head it up:

Claim no xxxxxxxx WITHOUT PREJUDICE, SAVE AS TO COSTS

Explain as concisely as you can, that you:

- are suffering with mental health problems and are a vulnerable debtor (attach proof);

- intend to apply to set aside the CCJ, which will put them at risk of hundreds in costs and will see the PCN never paid, given this was just a keying error case with very low prospects of success when reviewed by a District Judge;

- But to resolve the matter and because an offer has value to them and their client to settle another case, you are prepared to offer £40 to settle the claim. This being in full and final settlement which will more than cover the claim filing fee. This also being the discounted amount of the original PCN and double the £20 cap on mitigating circumstances cases such as keying errors.

(Use my phrases. At the end of your email):

Give them one week (state next Friday's date, 4pm) to respond or to negotiate a settlement given the above situation and your vulnerable debtor status and their duty under the FCA 'CONC' debt rules and FCA 'consumer duty' principles, as well as their overarching SRA duty.

mydebtfreejourney24

Coupon-mad said:

Gah! DCB Legal would have discontinued in the end and you'd have paid nothing. This was a cinch exercise: copy & paste defence into a box on MCOL ... but you are not the only one and you are aware you messed up.

The only 'damage limitation' possible now, is to email a named solicitor immediately.

I will pm you a couple of names to try.

Do NOT email info@.

Do not beg. Do not write it emotionally.

Head it up:

Claim no xxxxxxxx WITHOUT PREJUDICE, SAVE AS TO COSTS

Explain as concisely as you can, that you:

- are suffering with mental health problems and are a vulnerable debtor (attach proof);

- intend to apply to set aside the CCJ, which will put them at risk of hundreds in costs and will see the PCN never paid, given this was just a keying error case with very low prospects of success when reviewed by a District Judge;

- But to resolve the matter and because an offer has value to them and their client to settle another case, you are prepared to offer £40 to settle the claim. This being in full and final settlement which will more than cover the claim filing fee. This also being the discounted amount of the original PCN and double the £20 cap on mitigating circumstances cases such as keying errors.

(Use my phrases. At the end of your email):

Give them one week (state next Friday's date, 4pm) to respond or to negotiate a settlement given the above situation and your vulnerable debtor status and their duty under the FCA 'CONC' debt rules and FCA 'consumer duty' principles, as well as their overarching SRA duty.

I know, I’m absolutely furious with myself but there are extenuating circs which have led to my deterioration etc. I will get on to that immediately. Thank you very much for your sound advice. 

mydebtfreejourney24

Hello, just an update on my damage limitation situation; DCB legal have accepted my offer of £40 as suggested (so thank you very, very much @Coupon-mad!) but they’re also referencing a consent order fee of £123. Before I pay it, to anyone’s knowledge is this correct? Can I request that I pay a partial amount or none at all?!

Coupon-mad

I think that's wrong. You say the CCJ date was 12/1/26? There is no need for an application if the claim is settled within a calendar month.

Show us their reply here please and I'll show it to a solicitor contact. I will send you a pm so check your messages.

mydebtfreejourney24

Thanks, I was curious as they refer to a consent order, but the form they want me to sign refers to the set-aside process. Below is the reply, omitting banking details etc.

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Upon review with our Client, I confirm that they are agreeable to your settlement offer of £40.00 given the circumstances. However, it should be noted that the Court Fee for filing a Consent Order is £123.00.

 

If you are agreeable to the payment of £163.00 to settle the Claim and remove the Judgment, please make payment to the below account and return a signed copy of the attached Consent Order so we may file the same with the Court.

 

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81867220#Comment_81867220

They've either negligently or deliberately misled you, I think. No consent order is needed to settle a judgment in the first month.

Hopefully you are now getting help. Let us know the outcome!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81867128#Comment_81867128

Is it sorted yet?

mydebtfreejourney24

https://forums.moneysavingexpert.com/discussion/comment/81870380#Comment_81870380

Good evening, apologies for taking so long, things have come to a close this evening as I have just paid the £40 settlement, with thanks to your contact.

It turns out to have been a mistake by the author of the initial response.

I can’t thank you enough for your advice and help, both before and after my own negligence! 🤦🏻‍♀️

Coupon-mad

Very good news. £40 is no profit for them! This is a win.

ANOTHER ONE BITES THE DUST!

Glad you were helped by my contact to draw a line under this. Did DCB Legal admit in an email that they shouldn't have said you had to pay for a Consent Order? If yes, please show us that email.

mydebtfreejourney24

Unfortunately I have no email of that; your contact sent them an email which asserted that the additional fee for the consent order shouldn’t have been applicable and why (within a calendar month from CCJ decision) and in the thread I’ve received they simply responded with their account details and the request to update them once the payment had been made. He then clarified it was just £40 and they replied “yes that’s correct” nothing official unfortunately.