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

[ploddertom]

1. Our current address but we did not receive it, when we mentioned this on the phone the DCBL employee quipped 'blame the post then' - please note this appears to be a more than ongoing problem with a lot of Wits from DCBL Have a look round this website and others and you will soon spot the common denominator. In my view the problem stems from their end as there are far too many failing to be received. The chances are DCBL use a mailing house who print & supposedly send everything out on their behalf. Just because this one has a few relevant dates on it does not mean it was ever sent.

 

2. 08.03.2018 - we will have to assume this is the date that the Notice of Enforcement was issued. Working on the principle it was send by 2nd Class or cheaper post gives us an assumed date of delivery of probably 3 business days later which seems to take us to 1st day of Compliance being 13 March and just gives time for the 7 Clear Days being as they state on 21/3/18. They are well known for not being economical with any date allowances.

 

3. 10.01.2018 but Judgement date was 06.03.2018 - until we see otherwise I would hazard a gues that 6/3/18 was the date on which the Writ of Control was granted. The original CCJ dating back to January - again something you never received.

 

4. He has written on the 'Notice that goods have been removed....' 17.40 but I think it was around 18.30 - that is something you are going to have to find out.

 

5.I have not yet, I wanted to see if you advised me to, I will send a letter asking them that today. - see below

 

 

My thoughts to this at present have not changed since I made a post at the beginning - Post 17. In particular you need to know exactly what goods they were alleging they had Taken Control of - were they of sufficient value to not only cover the cost of the debt but also those of the cost of enforcement & sale. Were the items described accurately - they cannot just write 3 piece suite or 42" TV without further description. Then of course there are that many exempt goods that most households would struggle to have expensive surpluses that could be seized. It very much sounds to me as if he charged the 2nd Enforcement Fee the minute you opened the door.

 

In my view I would be submitting a SAR to DCBL at the earliest opportunity. Pay the £10 fee by Postal Order.

[RoxyandRuby1]

Thank you for the advice. I have written a SAR and will send it to DCBL tomorrow, I have also written one for Gladstones requesting all information/correspondence for BOTH addresses. I will include the fee to both.

 

I have also written a letter to DCBL requesting a breakdown of their fees specifically relevant to our account

[ploddertom]

 

I have also written a letter to DCBL requesting a breakdown of their fees specifically relevant to our account

 

 

I would hold fire on that until you "receive" your SAR, then we can pick the bones out of it and hopefully turn the screw.

[ploddertom]

 

I have also written one for Gladstones requesting all information/correspondence for BOTH addresses. I will include the fee to both.

 

 

 

Should this not go to the Parking Co?

[RoxyandRuby1]

Should this not go to the Parking Co?

I just thought that as we had received nothing from Gladstones and they were the solicitors we should get as much info from them and try and piece it all together. Should I also issue them with a SAR then?

[RoxyandRuby1]

I would hold fire on that until you "receive" your SAR, then we can pick the bones out of it and hopefully turn the screw.

 

Ok I will hold fire on this until I receive information re the SAR.

[ericsbrother]

you shouldnt be wanting to contact Gladstones at all, you want to get a set aside and then get their clients back in court so you can recovver your costs to boot. Gladstones are just the client mouthpiece and will do nothing to help you and that includes providing information that a court doesnt order them to. Forget them, you go after the parking co and if they want to hire Gladdys again to cost them some more loot that is up to them.

 

Now you do nothing until you get the info you need via the SAR and then you g for the set aside and than after the aprking co. You do this directly and dont talk to gladstones.. this was said about 5 pages ago but you still arent taking it in. Please read everything carefully and the you will save time and effort.

Edited April 30, 2018 by honeybee13
Paras

[brassnecked]

Follow EB's advice, Gladstones are NOT in the loop end of.

[RoxyandRuby1]

Good afternoon.

Thank you for your help previously.

 

We are now in the situation where we have been to court and had the CCJ set aside. The parking company re-sent the package and we agreed to pay the fine as they already had the money.

 

The parking company came back saying they were not going to take it any further.

 

We are now in the position of trying to reclaim the £1800 ( after paying the fine) from DCBL.

 

Please could you advise

a) do we go through the small claims court?

 

b) Can we include all the expenses e.g, the court fee for the set aside

Edited October 23, 2018 by dx100uk
Spacing

[dx100uk]

Who told you it was a fine??

 

Do a chargeback

[RoxyandRuby1]

The fine was for the parking which we have just said ok to. However, DCBL took £2314 because there was a ccj that we did not know about. That has been set aside so as far as we are concerned anything after that parking fine payment should be returned to us.

 

I do not know what a chargeback is.

I just want that money back in my account

[dx100uk]

your son transferred the money to your account by bacs transfer

and you paid DCBL by a debit card?

 

if so..

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

 

it is NOT A FINE

private parking companies cannot issues FINESfor anything... only speculative invoices for supposedly breaking some imaginary contract.

 

dx

[RoxyandRuby1]

ok.

So do I contact DCBL direct to show that we have tried to recover it and then contact my debit card provider?

I went to LLoyds immediately after it happened and they told me they could not give me the money back.

[ploddertom]

All you need to do is send DCBL a copy of your Set Aside order. As it is Set Aside there was no Judgment, the CCJ will be expunged from your credit file & as they attended as HCEOs who you paid then they must reimburse every last penny as there could never have been a Writ of Control if there was no CCJ.

[dx100uk]

but now its been set aside so you can.

 

no need to contact DCBL, I don't think they would ever be interested in giving you it back IMHO.

and even if they did it would take weeks.

 

chargeback is instant.

 

however see what others think.

[RoxyandRuby1]

Thank you so much for your help. I cant tell you how relieved I am to get this information.

[ploddertom]

Sorry but again you are wrong, chargeback is not the way to go.

[RoxyandRuby1]

ok. I am free tomorrow afternoon and I will contact DCBL with the SAR and see what happens

[dx100uk]

Sar?

[RoxyandRuby1]

Sar?

 

Set aside of the ccj

[dx100uk]

An sar is nothing to do with a ccj set aside?????

 

Anyway are you saying you blindly paid pcm the parking charges as well as the court the set aside fee of £255?

 

Please no.. ??

 

Cant see why you cant chargeback dcbl what are they going to do about take him to court..please explain pt?? ...dx

Naughty little schoolboy from the wall here..wrong yet again ..wrong yet again..

[ericsbrother]

the idea of getting a set aside was to reset the clock back to the day when they issued a claim.

At that point no money was owed because they hadnt had their claim tested in court.

 

Why on earth didnt you come back here and ask people what to do rather than yet again panic and pay m monoey that isnt owed.

(and in that case has already been paid when it wasnt owed)

Edited October 28, 2018 by dx100uk
spacing

[dx100uk]

I know...:smash::noidea::sleep: