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Pet Sale CCJ - now withDCBL - paid lots of fees - are they legal?

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I've copied the post I made in another website forum

 

based on the information they gave on their site and the advice given on the forum as well.

 

Up to this point I have only sent in my application to set aside the judgment,

I also added at the end to stay the writ and complain about the bailiffs to requesting an investigation into their charges as well.

 

I've no idea if I've done any of it correctly.

I was out of time I think and had to have it in the post Friday or so I was lead to believe.

 

I proved my insurance company claim was put in to deal with the case and they did not act within the time scale and gave me no Information or guidance on what to do whilst I was waiting for them to appoint a solicitor which is meant to be part of my insurance cover to get free legal advice regardless of if they are acting for me

 

. Proof the ccj was entered before they even gave it to a solicitor and proof the bailiff arrived before the solicitors had even looked at the case.

 

Proof I made a formal complaint once the ccj had been entered into that they had not dealt with it in a timely manner and not advised me what I need to do while waiting for them.

 

Also Included all the proofs I didn't owe the money and that they owed me and why and how much.

 

A copy of the bailiff paperwork showing the charges and everything.

I think that was it.

 

read the post I made on the other site below and tell me please did I do any of it wrong

 

do I need to be filling in and submitting anything else.

Do I have a case to request a charge back because they threatened to take my pets if I didn't and never gave me notice they were coming and charged me over the allowed fees.

 

Are they really as bad as everywhere says and will I have to take everyone to small claims court to get my money back

. Thanks

 

Don't actually owe the debt.

The creditor owes me money.

 

I had legal insurance that was meant to cover this but they messed me about for so long a ccj was issued and the enforcement officer came before they had even said if they would take the case on and now have decided they won't.

 

It was over the sale of a dog.

The buyer just didn't want it after five months so sent it back and I said I'd try to sell it for them and get what I could and they said they would pay for me doing it for them

 

he was with me six months and only sold for £1000 which they agreed to the sale price.

 

got my friend an accountant to work out the costs properly for me and it worked out they owed me nearly £500 on top of the 1000 sale price.

I said no.

Can't send that cut it down to cost so they did which made it something like 250 they owed me still

 

I sent that to the owner and said look my accounts work out what it cost me but have a look and give me a call and we'll have a chat about it and sort something out to suit us both.

 

She never did

her mother sent me a load of abusive messages and applied for a ccj straight away.

 

I've got all the defence and have been doing all the paperwork and forms and proofs to apply to set aside the judgement doing it totally off Google help so far but now seriously worried after reading all about dcbl

 

when they came I had not got notice that they had the writ and planed to come.

They just arrived at my house stood at my gate and I wet myself thinking it was a police. All dressed in black what looked like a vest and body cam and all sorts.

 

Then he told me who he was and what he was there for.

Told him I knew nothing about it and weren't they meant to notify me first if they had got a writ and he said yes we sent a letter and I told him no I never got one or I would have dealt with it then

 

. I asked if I could ring my solicitor who was a waste of time because she could not advise me because she had not decided if she could take the case based on my insurance cover yet.

 

He then told me if I did not pay him there and then that they had a dog van on the way to take my dogs my pets to sell to pay the debt. Also it would then go up by about another 750 on top of the 2200 something.

 

I logged In to my online banking to see what I had and I didnt have enough in my bank I even showed him. I asked if he could come back in a couple of hours and I could get the cash and he said no if he leaves he is leaving with the dogs to pay the debt.

 

went back in the house and searched and managed to find some cash I forgot I'd hidden for emergency. paid in full and he went away happy.

 

I've now found out from my searches learning how to set aside the judgment he over charged fees. Did not send me notice. Then threatened to take my pets which he's not allowed to do either dressed like police and never offered to make any arrangement to pay or to take other items he was only Interested in the dogs my Pomeranians.

 

I actually joked and said I've got a puppy dog you you can have she's a little turd and rubbish guard dog and he said no only the little ones which I found odd he targeted them. He must have researched me first as all over my social media is my dogs and just my dogs.

 

My dogs are my pets not a business I only breed to get more pups for me for breeding and showing and pet home any I don't keep.

 

I'm going to ring my bank for a charge back in the morning but I've been on the forum and seen about all the Complaints about this lot and wondered if there was anyway my complaint and details could help.

 

And also wondered if I should be apply to stay the writ as well or anything else as well and do they all just go to the county court or do I have to do two lots and send the set aside to county and the writ to high court.

Thanks in advance

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Can you edit your post so it's not a wall of text please


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'm very sorry but it is extremely difficult for people to read through a solid block of text in the way that you have presented your story.

 

Please would you repost the story but well spaced and punctuated and in that way people who would be very interested in helping you and advising you very enthusiastically, will not be put off.

 

I shall be deleting your post in the next hour or so.


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Too late, Renegade, sadly, the edit function is only available for 10 mins.

 

HB


Illegitimi non carborundum

 

 

 

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Done post one

 

You cant chargeback..too late

 

Did you get the org claimform?

 

thread tittle updated.

 

why did you not attend the hearing and got a default CCJ?

explain the time line of what happened please after you filed your defence

 

ive re-opened the thread

post 1 is sorted already.

 

dx


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Your post is all over the place and difficult to understand. You do need to answer the points made in Posts 5 & 6.

 

Not sure where you got your information from about all this but it does appear to have been from a very ill informed source.

 

Seeing as you ended up paying in full then the Writ was executed successfully

- you cannot apply for a Stay in these circumstances.

 

However should you apply for Set Aside and are successful then all fees and payments will be refunded.

In the meantime you should be writing to DCBL asking for a breakdown of all the fees charged.

 

I note what you say about having received no prior notification of a visit from them

- this is correct they do not tell you when they are attending

- but you should have had a Notice of Enforcement giving you a short window in which to pay or make an arrangement to pay.

 

DCBL do seem to have form for these Notices going astray but will no doubt have a record they can produce to say it was sent.

 

If your Set Aside application is based on not having had time to instruct help through your home insurance then in my view it will be doomed to failure.

Edited by dx100uk
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When they (DCBL) came I had not got notice that they had the writ and planed to come. They just arrived at my house stood at my gate and I wet myself thinking it was a police. All dressed in black what looked like a vest and body cam and all sorts.

 

Then he told me who he was and what he was there for. I told him I knew nothing about it and weren't they meant to notify me first if they had got a writ and he said yes we sent a letter and I told him no I never got one or I would have dealt with it then

 

He then told me if I did not pay him there and then that they had a dog van on the way to take my dogs my pets to sell to pay the debt. Also it would then go up by about another 750 on top of the 2200 something.

 

I logged In to my online banking to see what I had and I didnt have enough in my bank I even showed him. I asked if he could come back in a couple of hours and I could get the cash and he said no if he leaves he is leaving with the dogs to pay the debt.

 

I've now found out from my searches learning how to set aside the judgment he over charged fees. Did not send me notice. Then threatened to take my pets which he's not allowed to do either dressed like police and never offered to make any arrangement to pay or to take other items he was only interested in the dogs my Pomeranians.

 

I actually joked and said I've got a puppy dog you you can have she's a little turd and rubbish guard dog and he said no only the little ones which I found odd he targeted them. He must have researched me first as all over my social media is my dogs and just my dogs.

 

My dogs are my pets not a business I only breed to get more pups for me for breeding and showing and pet home any I don't keep.

 

I would strongly suggest that you immediately email DCBL and inform them that you require a copy of the Body Worn Camera footage.

 

If I was to publicly state that DCBL do not send Notices of Enforcement, that comment alone would indicate that the company are acting fraudulently.....so I won't say it. Sadly, in each of the cases I've seen about DCBL (and there are MANY of them), it is always the case that the visit by their officers had been a complete surprise and a Notice of Enforcement not received. I am aware that this same complaint features online and it is of very serious concern indeed.

 

If you are able to obtain a copy of the Body Worn Video footage (and they must provide a copy to you), then I am sure that the High Court Enforcement Officers Association would be interested in your complain. Please post back here for advice before taking this step as your complaint would need to be a lot better written than your initial post on here (which I would agree with others is very difficult to understand and frankly, all over the place).

Edited by honeybee13
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I've copied the post I made in another website forum based on the information they gave on their site and the advice given on the forum as well.

 

Up to this point I have only sent in my application to set aside the judgment, I also added at the end to stay the writ and complain about the bailiffs to requesting an investigation into their charges as well.

 

I've no idea if I've done any of it correctly. I was out of time I think and had to have it in the post Friday or so I was lead to believe.

 

Do I need to be filling in and submitting anything else.

 

I've got all the defence and have been doing all the paperwork and forms and proofs to apply to set aside the judgement doing it totally off Google help so far but now seriously worried after reading all about DCBL.

 

And also wondered if I should be apply to stay the writ as well or anything else as well and do they all just go to the county court or do I have to do two lots and send the set aside to county and the writ to high court.

 

Thanks in advance

 

I would like to make an important point here. If a writ of control has been PAID IN FULL (which is what has happened in your case), there is no writ.......and accordingly, there is nothing to 'set aside or to stay' and this online nonsense advising otherwise is simply that....nonsense.

 

As to whether or not you have grounds to 'set aside the judgment' is a separate matter entirely (which I will comment on later on).

 

In the meantime, can you please explain the following comment as I am confused:

 

I was out of time I think and had to have it in the post Friday or so I was lead to believe.

 

PS: So far, I have received 5 separate enquiries about court applications to 'set aside' a writ or a judgment involving DCBL and in each case, DCBL's legal team attended the hearing. In one such case, (that features on the same forum that you initially posted your question), the court ordered that the claimant be held responsible for the other sides legal costs (which in this case; has been estimated at £4,200). That case is still rumbling on.

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Yes I did get the claim form but had no idea what to do with it which is why I went to my legal insurance company to ask them to deal with it or tell me what I need to do they just kept telling me to wait for them to get back to them.

 

Dcbl told me I had 14 days to appeal before they gave the money to the claimant #

I took that as meaning to send in my forms to set aside the judgement since there was nothing on the paperwork they gave me about an appeals procedure.

 

i sent in all my letters from my insurance telling me to wait and they were dealing with my claim and my complaint to them and I sent all my proof to the original case as to why I do not owe the money to the claimant.

 

On reading up on the notes of how to fill it in and what to send I think I've done everything I could so I just need to wait now I guess

 

I did email dcbl and ask what their complaints procedure was and they just replied and said if I wanted to complain to just reply to the email with the details.

 

I thought companies were meant to have a set procedure in place and to supply the details if a person asked for them?

 

I will write today and ask for a breakdown of charges as they did charge more than the standard fees but nowhere actually says if they are allowed to charge more than the set fees so its rather unclear if they were allowed or not. Also it says they are not allowed to take pets so I feel they targeted my weakness to force me to pay.

 

I'll also ask for the body camera footage but what if they say it was not recording because he did not tell me if it was or was not and are there any rules on that

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What DBL really meant was that they hang on to the monies paid for a short period before passing it on to the Creditor. This is actually in case the Defendant - you - becomes insolvent, whereby the Official Rece

 

Unfortuately I have to say because you waited so long - after admitting you got all the necessary paperwork

- that a Set Aside application will not work and you will be throwing the cost of the application - £255 - away.

 

As I think I said previously you need to find out from DCBL what charges they made when they visited

- I suspect it will turn out to be 1st & 2nd Enforcement Fees & a Sale Fee.


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Surely the Sale fee shouldn't be applied nothing was taken.


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Sadly a lot of enforcement companies are going back to the bad old days. This time they are charging all fees together and if no one challenges them they get away with it. It isn't fraud because the Government wrote some of this and the interpretation leaves a lot to be desired. There has been supposed to be reviews since the regulations changed back in 2014 but still there are glaring errors. They may fix them in 10 years time I suppose and think it has been done quickly.


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send DCBL an sar dont write a complaint letter yet....get all the info first


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My insurance company claim was put in to deal with the case. They did not act within the time scale and gave me no Information or guidance on what to do.

 

Whilst I was waiting for them to appoint a solicitor (which is meant to be part of my insurance cover to get free legal advice regardless of if they are acting for me), a CCJ was entered.

 

The bailiff arrived before the solicitors had even looked at the case.

 

I made a formal complaint once the CCJ had been entered into that they had not dealt with it in a timely manner.

 

I had legal insurance that was meant to cover this but they messed me about for so long a CCJ was issued and the enforcement officer came before they had even said if they would take the case on.........and now have decided they won't.

 

I asked if I could ring my solicitor who was a waste of time because she could not advise me because she had not decided if she could take the case based on my insurance cover yet.

 

I hope that you do not mind but I have 'cut and pasted' sections of your initial post so that it may be easier to understand so that we can see whether or not you have grounds to 'set aside' the judgment.

 

Like many breeders and pet owners, you have Pet insurance. There are many levels of cover and one such level can included a Legal Advice Line and legal representation is need be.

 

You then submitted a claim and from what you have written, it would seem that at the time of the enforcement agent visit the insurance company had not decided whether they would be able to take the case on based on your level of insurance cover. Worse still, you mention that the insurance company have informed you that they will in fact not accept your claim.

 

As I have outlined above, if a Writ of Control has been paid in full....there is NO BASIS in law to have the writ 'set aside'. The writ has been satisfied and there is nothing therefore to 'set aside'. That brings me to the subject of 'setting aside the judgment' which is a different matter altogether.

 

In any application to 'set aside' a judgment the court will be looking primarily at two things. Has the application been made promptly.....and most importantly, do you have a properly arguable defence.

 

From what I can ascertain, in your application to the court, you have provided as 'evidence', copies of your claim to the insurance company and evidence that they had effectively 'dragged their fees' with a decision as to whether or not you had the right level of cover. With the greatest of respect, this is not an 'arguable defence'.

 

Instead, it is merely evidence that a claim had been made to your pet insurer for them to provide legal representation to you. It also now appears that a decision has been made by the insurance company to reject your claim.

 

I note that you issued a complaint to the insurance company. I would be interested to know what their response has been.

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send DCBL an sar dont write a complaint letter yet....get all the info first

Sorry to sound thick but what would I want to ask for a SAR for what might that tell me?

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Sorry to sound thick but what would I want to ask for a SAR for what might that tell me?

All the data they hold on you, details of fees communications by letter email etc.


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This is why I took out the insurance because I really do not understand any of this stuff and when you've got a bailiff at your door telling you if you don't pay they are going to take your pets to sell and put added pressure saying a van is on the way to get them and if you don't pay before they arrive the bill will then go up to cover them as well.

 

I was under so much pressure I am single and no family it's just me and my dogs and a number of health conditions and I just got myself into more trouble by paying it.

 

The guy was nice enough and didn't come over as menacing or aggressive, I even gave him a number for a friend because he wanted a certain breed of dog that she breeds.

 

I'm kind of disappointed in myself as well, I feel so stupid now finding out all this stuff after the event.

 

If I had got the notice I would have called them and would have had time to find out everything and deal with it but they never sent me anything.

 

Yes the insurance decided about four days after the visit that they would not take on the case because the prospect of losing at that point was higher than the chance of success.

 

I put the complaint in after I found out that I had been given the ccj so far they just gave me an update that they had not finished their investigation and would be in touch again when they have another update.

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