Counterclaim - Civil Enforcement Ibis Hounslow - WON £500

Swedishcabbie

I lodged a formal appeal which was rejected despite my clear explanation that the first image showed a different vehicle. I believe the rejection was intentional, in the hope that I would eventually pay under pressure. The situation caused me stress and I ignored a subsequent letter from DCBL, who described themselves as bailiffs even though they do not hold the relevant licence and operate in a legally questionable manner.

A settlement offer of £300 was sent to me by email on Thursday at 9.39am with a deadline of 1pm the same day, which did not appear particularly professional imho. The next day the claim was withdrawn and their defence/apology sent.

Honestly I do not believe I am obliged to accept an offer if I consider it too low, and I doubt the court will penalise me for that. We will see.

Regards,

SC

edit: reply email sent now ✔️

kryten3000

The Court of Appeal subsequently awarded Miss Ferguson a further four-figure sum plus costs in her landmark harassment case against British Gas.

You seem to be conflating 2 cases here. VCS v (Mr) Ferguson and (Ms) Ferguson v British Gas. Different people, same last name.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/81904771#Comment_81904771

Bear in mind this is on the small claims track so minimal costs risk.

Bazarius

In that case , they didn’t give you any reasonable time at all to consider the offer, which is the sort of thing a judge can view as unreasonable conduct. You could show the email to the judge immediately after he made his decision when it comes to considering costs . You can’t show the WP communications in WS or during trial . You could say that you were willing to accept it to save courts valuable time and resources but you couldn’t respond in that ridiculously short deadline?

But it’s good to see that their new barista is more willing to make offers to settle cases like this , unlike his predecessor Scott Wilson .

Whatever you decide to do good luck and I hope you achieve a good outcome . Please do keep us all updated.

Swedishcabbie

Top of the morning, how’s everyone doing today?

Thoughts on that? .. 😄

Bazarius

https://forums.moneysavingexpert.com/discussion/comment/81906023#Comment_81906023

Awesome ! the new legal is softer than Andrex ! If they don’t believe it meets the threshold of DPA why settle ….

Accept the offer .

Coupon-mad

Yay! You just won £500.

ANOTHER ONE BITES THE DUST!

Brilliant news. He folded.

I see Andreea "hopes Abbas is well…" but he has probably had better days.

😆

P.S. to help others please post the full wording of this counterclaim so people can plagiarise it in similar cases:

Counterclaim for damages for breach of statutory duty (UK GDPR/Data Protection Act 2018), harassment, and recovery of litigant in person costs.

Castle

There's still the counter-claim court fee of £50, (I presume), outstanding.

Coupon-mad

Might be worth the hit but up to the OP!

NCC1701-A

That sounds brilliant, if you do accept, just make sure that you can complain to DVLA & ICO as their own code of practice says a human should have checked this a long, long time ago, and the £500 doesn’t have a gagging clause attached to it.