DCBL got 2300gdp out of me over a PCM/Gladstones backdoor 2X pcn ccj..help get money back!!

[dx100uk]

so you now have a copy of the claimform too?

[RoxyandRuby1]

Ring them back and ask them to email it to you.

Ok. They would not speak to me so I will have to get my husband to call them again

Edited April 3, 2018 by DragonFly1967
Fixed quote

[RoxyandRuby1]

Let me just check... will we need anything else apart from an emailed copy of the claim form?

[DragonFly1967]

Let me just check... will we need anything else apart from an emailed copy of the claim form?

 

Just ask them for a copy of everything that they have on file. Just to be on the safe side.

[ericsbrother]

Northampton county court, this has been said in several posts already.

Getting this sorted will require you to follow certain procedures exactly so you are going to have to read things carefully.

 

No I do not have a claim form. We called and they gave us the information over the phone.

Where would we get the claim form from?

[RoxyandRuby1]

OK thank you.

[RoxyandRuby1]

I hope that I have uploaded this correctly.

 

I notice that the claim is actually in our CURRENT ADDRESS not the shared house.

 

I can confirm we did not receive ANY notification at this address.

Claim Form Ref Gladstones Solicitors.pdf

[brassnecked]

Right so someone has been naughty, claimform to old address, and the Judgment in default with unlawful charges included to bump it up to allow High Court enforement with Sandbrook's rentAthugs with new address already known. DCBL.,Will & John at Sadstones doing what they do best.

 

We need sight of the actual claimform to see what they were claiming for, as those fees of £150 in the total are probably dodgy.

[RoxyandRuby1]

Grrrrrr!!!

[brassnecked]

That's the Default Judgment not the claimform.

[RoxyandRuby1]

Oh NOOO. This is what they sent us from the court. I will call them again.

Edited April 3, 2018 by RoxyandRuby1
Forgot to add final sentence

[brassnecked]

Yes that is the judgment, you need the Claimform that outlines the Particulars Of Claim as in exactly what they were asking for, you could mention to Northampton Bulk( Kangaroo) Clearing centre that the claimform went to an old address and the first you knew was the DCBL thug calling, and that you might be looking at a Set Aside depending on what is in the POC on the claimform.

[RoxyandRuby1]

I have contacted Northants court again and they are supposed to send the particulars of the claim to me. They have not and the office is now closed. I will try again tomorrow morning. They did say that the particulars of claim was sent to the shared house after all on the 13th December. In February the address was changed to our current address for the default judgement.

[RoxyandRuby1]

Yes that is the judgment, you need the Claimform that outlines the Particulars Of Claim as in exactly what they were asking for, you could mention to Northampton Bulk( Kangaroo) Clearing centre that the claimform went to an old address and the first you knew was the DCBL thug calling, and that you might be looking at a Set Aside depending on what is in the POC on the claimform.

 

I did tell them that we received nothing and would be looking at a Set Aside as the first we knew was when DCBL came to the door. They said that they would email the POC across to me but haven't and now the office is shut. I will try again tomorrow.

[brassnecked]

Once you have the POC post it up suitably redacted so the Tean can have a look. If the POC can be challenged then set aside might be possible as even if their case was watertight you could have paid the original invoices HAD YOU KNOWN about them. unfortunately the CCJ sits on the Credit Files for 6 years unless it can be set aside. Anyway, others more knowledgeable no doubt will be along to help soon.

[DragonFly1967]

And don't worry too much. I've been here 11 years now, and I've not seen a "watertight" PPC claim yet.

[brassnecked]

Looks like a textbook PPC/ Will & John almost Champerty & maintenance Roboclaim to old address, only issue as PT says is "debt" including DCBL's dodgy fees have been settled.

[RoxyandRuby1]

Thank you all for your comments and help. We really appreciate it.

[ploddertom]

 

Looks like a textbook PPC/ Will & John almost Champerty & maintenance Roboclaim to old address, only issue as PT says is "debt" including DCBL's dodgy fees have been settled.

 

 

If you go ahead for Set Aside & if it is granted then every last penny must be repaid to you. You will still need to have a viable defence against the original Claim. If you can get the whole lot rescinded then I can see DCBL asking the Parking Co to foot their bill.

[brassnecked]

Oh if only, DCBL need a tolchocking even though they are innocent as such, the PPC and Gladstones nee4d to be brought up short for Roboclaims.

[RoxyandRuby1]

Good Morning

 

I have now received the Particulars of Claim.

It says 3 tickets but my husband swears there were only 2.

 

Our current address is on the particulars of claim although this is not what the clerk told me yesterday.

Yesterday she said that this had been sent to the shared house address on 13th December 2017.

 

She also said the address had been changed via the DVLA on the Judgement in February 2018.

 

Should we have received a notice of the judgement?

I have read that we should have received a notice from DCBL giving us 7 days notice we did not. We DO receive mail at our current address.

Particulars of claim Mr XXXXXXX.pdf

[brassnecked]

Usual vague Roboclaim POC

 

Particulars of claim -

 

THE DRIVER OF THE VEHICLE REGISTRATION XXXXXX (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 25/03/2017, 01/07/2017, 18/03/2017 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT WATERSIDE

 

THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE.

 

AND THE CLAIMANT CLAIMS

£480 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE,

 

TOGETHER WITH INTEREST OF £21.34 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.11 PER DAY.

 

Must be one or the other, can't be both, wonder if it was POFA compliant to ground Keeper Liability?

[RoxyandRuby1]

Good morning,

 

Thank you for your correspondence.

 

In order for the Judgment to be marked as paid in full the court requires confirmation from the Claimant or their solicitor that full payment has been received.

 

Once your judgment has been paid in full, including any costs for enforcement, you should obtain a letter from the claimant or their solicitor. This letter should confirm your name, the case number and the date that the case was paid. You should send a copy of the letter on to us to the below address, and we will update our records and advise the Registry.

 

Please note, for evidence of payment in full, we are unable to accept letters from third parties, bank statements, receipts, copies of cheques, screen prints or letters of intent to pay as proof.

 

Please note: Unless full payment was made within 28 days of the date of judgment, the entry will remain on the register for six years, but will be marked as satisfied. If the judgment is paid within 28 days from the date of judgment, the entry will be removed from the register.

 

Once we update our records, the Registry Trust will also be notified. Please be aware that credit reference agencies get their updates from the Registry Trust, not from the courts, and that it may take between 4-6 weeks for their records to be updated.

 

 

My husband has just received the above in reply to his enquiry. We guess we need to contact Gladstones for this, should we give them a time scale, say 7 days? Or is there a better way to do this?

[DragonFly1967]

To deal with your last post first. Gladrags, and therefore PCM won't be "paid" until 14 clear days have elapsed from the date of enforcement. So give them that at least before approaching them about a letter saying that it's been settled.

 

 

However.

 

Those PoC's are typical of Gladrags and wouldn't really stand up to any kind of scrutiny or challenge.

 

For a start, while the likes of DR+ etc try to add on extra charges, these are not allowed under the POFA 2012 so are completely unenforceable in a court (as long as they're challenged. They tend to get away with it on default judgements (as you've seen)).

 

 

As your husband (and he must be able to say this 100% truthfully) had no notification from anyone that he was being taken to court or anything else from the court regarding it. He does have grounds to apply for a set aside on this basis alone.

 

The application will cost you £255, unless he qualifies for fee remission, but if granted you'll get the £2,300 back for sure and can ask for the £255 back as well due to Gladrags unreasonable behaviour. The latter is up to the judge on the day though and there are absolutely no guarantees that you'll get it back.

 

Also, if the application for a set aside fails (although I don't see why it should) you'll lose another £255 on top of the £2,300 that you've already parted with.

 

I'd say that you had a better than 95% chance of getting a set aside, your money back (the £2.3k at least) and the CCJ removed completely.

 

 

As we're dealing with a significant amount of money, I'd say that it was likely that PCM & Gladrags will want to try again to try and get the money (that they'll have had to give you back) from you again. But this time, you'll be ready for them with our help. And well defended claims are far more likely to beat these cowboys at their own game.

 

If they do try again and you win (more likely than not), then you go for recovery of everything that this has cost you (reasonable costs at least) including the £255 set aside fee if you've not already been awarded that at the set aside hearing.

[dx100uk]

still cant see how £480 got to £2300

 

I wonder if DCBL charged 3 lots of fees as there were 3 speculative invoices...now that would be fun for them to justify.