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

[DragonFly1967]

now that would be fun for them to justify.

 

I'd love to be a fly on the wall when they have that meeting

 

One case, one fee (or round of fees), no exceptions.

 

 

Although, they're not the first (or only) EA's to play the "think of a number and hope no one notices" game

[brassnecked]

This case is a textbook example of what MOJ was consulting on, backdoor CCJ to old address enforcement via HCEO with loadsa charges overinflated against those set down in TGA.

 

The judgment costs that were unchallnged and probably Unicorn Feed Tax neatly bumped up the judgment amount above the magic £600 allowing them to send in the Channel 5 Heavies Can't Pay DCBL.

 

Hope the PPC's aren't going to start using HCEO as a default MO if they can get the unlawful extras via a default uncontested claim to an old address.

[DragonFly1967]

This case is a textbook example of what MOJ was consulting on, backdoor CCJ to old address

 

That is the part that really makes no sense here, and to be honest, it's troubling me slightly. I can't help feeling that part of this story is still missing.

 

Northampton CCBC seem to have both the new and old address on file, but no claim or court documents arrived at either address according to the OP.

 

 

That's why I said that it is important that the OP's hubby can 100% honestly say that no claim or court documents were received to either address. If they can't (they received them but ignored or destroyed them for example) then the set aside application is almost certainly doomed to failure and would be a waste of £255 and possibly more.

[ploddertom]

That is the part that really makes no sense here, and to be honest, it's troubling me slightly. I can't help feeling that part of this story is still missing. Agreed.

 

Northampton CCBC seem to have both the new and old address on file, but no claim or court documents arrived at either address according to the OP. Tends to suggest things were done correctly through the Court.

 

That's why I said that it is important that the OP's hubby can 100% honestly say that no claim or court documents were received to either address. If they can't (they received them but ignored or destroyed them for example) then the set aside application is almost certainly doomed to failure and would be a waste of £255 and possibly more.

 

Do we know if anything went via the Lease Co?

[brassnecked]

If it did go there they might have binned it, or even paid the invoice then billed OP.

[RoxyandRuby1]

We can categorically say that nothing was received at our current address.

 

My husbands colleague has told my husband that he has collected every piece of mail for my husband he has seen and delivered it to him at work.

 

We have asked Gladstones to forward all copies of correspondence to us, their answer was that they are not obligated to do that.

 

we have not spoken to the lease company

[dx100uk]

then time to ring them tomorrow

could be important info....

[RoxyandRuby1]

We'll do it in the morning.

[DragonFly1967]

Even if the leasing company did receive claim/court documents all is not lost. The fact would remain that your husband did not receive them, although that would be harder to prove.

 

So whilst I feel that it is important, all is not lost if they did. Although you need to ask them specifically (presuming that they did) what they did with them. To get to the bottom of it (again, presuming that they did) it *might* take an SAR to get the full story from the leasing company.

 

 

One further question... I'm presuming that your hubby is leasing the vehicle directly, or is it a vehicle that a company is leasing that your hubby then drives as a company car?

[RoxyandRuby1]

Good morning

 

My husband leases the car directly.

The Leasing company DID receive this PCN and forwarded it to him at the shared house.

PCM for Lease Co for CAG.pdf

[ericsbrother]

so just the one £100 ticket?

 

Have you spoken to Northampton CC yet?

 

they are difficult to get through to as their phone system has a habit of cutting you off but you can aslo phone your local court if you have the case ref number and they can look it up and get a copy sent out to you (or at least get northampton to do it)

[RoxyandRuby1]

W e have managed to contact Northampton CC, they have sent us a copy of the CCJ and a copy of the particulars of claim. I uploaded them earlier. I asked if they had anything else pertaining to this claim and they said they have sent us everything they have. What else are we looking for? that we should ask for?

[DragonFly1967]

Was there a name and address on either the Judgement or the POC? If so...

 

Was it addressed to your husband at the old address?

Was it addressed to your husband at the current address?

Was it addressed to your husband at his work? or

Was it addressed to the leasing company?

[RoxyandRuby1]

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

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

 

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

[DragonFly1967]

OK. Was just trying to make sure that the leasing company hadn't got them and then failed to pass them on.

 

So. Now you have all of the information that you need, it's time for you to decide whether or not you want to go for a set aside.

 

 

As said, the application fee is £255. I think that there's a good chance that a set aside would be granted as you did not receive any court documents (ignoring the original parking ticket is immaterial to that). If the set aside was granted, you will get back your £2,300 and you can ask for the £255 as well, but you probably won't get it. The Judge may prefer that the £255 is included in your costs should the PPC try to restart the case and take you to court again.

[RoxyandRuby1]

I think we must go for set aside as we are £2300 down which we just can't afford.

We must get that money back.

 

Are you sure we have a good chance to get a set aside?

I'm not asking for 100% guarantee but would like very good odds for us.

[dx100uk]

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

 

the above troubles me, what has it got to do with the dvla to get re involved?

[brassnecked]

Perhaps the PPC and Will &John provided it when they took it to the High Court to get a writ for Sandbrook's DCBL bullies to execute.

[DragonFly1967]

Are you sure we have a good chance to get a set aside?

I'm not asking for 100% guarantee but would like very good odds for us.

 

I think you have a better than 95% chance of getting a set aside. The PPC, Gladrags & DCBL won't like it of course, but the system must be fair to both sides and as your husband can honestly say that he received no...

 

Letter before action, no

claim, no

court directions, and no

chance to defend the claim.

 

Then it should (in my opinion) be set aside.

 

 

It is then up to the PPC to try again if they want to, once they've finished licking their wounds perhaps.

 

 

 

The only caveat is the other 5%. Nothing is certain and it really is up to the Judge that hears your set aside application to decide, and sometimes, just sometimes, they really can be a law unto themselves and may decide against you.

[RoxyandRuby1]

the above troubles me, what has it got to do with the dvla to get re involved?

 

The bailiff also said they got the address from DVLA.

I actually don't care where they got our new address, we were not hiding from anyone. Personally, I think its just that they managed to get our address in order to send the bailiffs in but did not before they took it to court. We could have stopped it if we knew about it.

 

However, we are here now so need to go forward.

[RoxyandRuby1]

Those odds seem good enough for us so we want to go for set aside.

Where do we start?

Can we go through our local court or do we have to go through Northampton?

[DragonFly1967]

Download and fill in a N244 form

 

 

I'm not 100% sure on which court. Your local county court could certainly process it and I don't think (I may well be wrong) that Northampton actually deal with stuff like this and may forward it to your local court anyway.

 

Best to ring your local court and ask them as they'll know for sure.

[ericsbrother]

Yes, ifuse a paper copy and take it to your local county court. From waht i have learnt since last posting you can still ask for a set aside even though you have paid the money. You will get that back if the set aside is successful and once you have the information on what went on before there is a chance that they will be happy to drop the entire thing as long as you agree to not pursue them for costs. that leaves you £255 out of pocket but a damned sight less than £2300 and no CCJ to boot

[brassnecked]

They will have the little matter of all the fees, some looking dodgy that DCBL charged you, to find so might well be reluctant to try again, as EB says the £255, would be worth it for the refund of the fees, and their inflated Invoice.

[ericsbrother]

so what have you found out about the whole thing then?