OBS PCN CCJ/Judgement - set aside now rehearing

[brassnecked]

As per Andyorch, they are being very naughty, they have no right to your money they will take the cash and leave tyour Credirt record wrecked for 6 years. Under NO Circumstances pay DCBL a bean. Do the N244 its only way.

[brassnecked]

Oops yes Credirt as it will be that while CCJ is on there.

[Dizzy blonde]

DCB Legal have now sent an email.

They only put my name in the email subject header.  My name or reference are not mentioned anywhere in the actual letter, here it is, copied and pasted in it's entirety (including their misspelling of alternatively):

 

Good Afternoon,

Further to our telephone conversation today, providing you pay the full amount of £316.95 plus court fee of £100.00 we will draft a Consent Order to file at Court requesting the Judgment dated 22nd April 2020 be set aside and registration cancelled.

Payment of £416.95 can be made over the telephone on 0203 434 0433. Alternativeley our bank details are as follows :-

DCB Legal Ltd Client Account

Sort Code: 20xxxxx

Account no: 60xxxxx

Please ensure you quote reference XXXX x XXX when making payment.

Kind Regards, 
 DCB Legal Ltd  

 

 

[ericsbrother]

Then you apply for a set aside from the court and dont bother with them again.

Their client will be punished rather then them so let them huff and puff. after the event.

[FTMDave]

Aside from the fact that £255 is less than £417, if you did as they asked the court would consider it debt cleansing as Andy said and you wouldn't get the set aside.  We had someone conned in that way here recently. 

 

Either go for the set aside yourself immediately.

 

Or if you want to be absolutely sure of having a cast-iron case and are not in a hurry, do if after waiting for the SARs.  Depends on your priorities.

 

Courts hardly ever refuse set aside applications, and you have excellent reasons for requesting yours.

 

 

[Dizzy blonde]

Thanks for the support

 

£250 to Set Aside and then a chance of winning, vs paying £416 and run the risk the Court will not remove it from my credit report anyway!

 

I may be ok for time now, I've been on the phone all day and I think I've managed to find a new place to rent. 

 

I will wait for the SAR's to return, they were posted signed for, so they cannot deny receiving them. 

 

I now have all this documented, so the courts can see the reason I have not applied to Set Aside immediately is because I am waiting for the SAR's and also because both OBS was unavailable and DCB Legal did not respond to me until today because they were closed due to the lockdown. This should actually help my case, as lockdown was the reason I didn't receive the Claim also. 

 

 

[brassnecked]

If you fall for DCBLs plan you will be stuck with the CCJ. so do the setaside and they can Foxtrot oscar

[AndyOrch]

You could tell them remove it first and then I'll pay 

[Dizzy blonde]

Hi everyone.

 

When checking OBS address online, there appears to be hundreds of businesses registered at the same address, are they using some sort of registered address and not an actual working address, in order to avoid unwanted visits from those they have scammed?

 

SARS:

I tracked the SARs (sent special delivery), DCBL received theirs and have sent me a message saying they will reply 'in due course'. 

For whatever reason OBS were not there to sign for their SAR, so I also emailed the SAR to OBS, but they have not responded. 

 

The question is, as I need to ensure OBS get the SAR, does anyone know if there is any legal way I can ask/tell DCBL to forward a  copy of the SAR onto OBS, as they will obviously know the contact address of their own client? I can authorise them to send it to avoid data protection conflicts etc.

 

Any thoughts?

 

[dx100uk]

no.

as long as you used their registered address - not your problem.

their failure to respond within 30days can be escalated to the ICO and or court action.

[Dizzy blonde]

Evening all.

 

The SAR has arrived from DCB legal, however it is pointless, the only pertinant things in the DCB l SAR are a single LETTER OF CLAIM from them dated I9th February 2020,  a copy of the letter and email I sent to them asking for the Set Aside and a rough transcript of my recent telephone conversation to Set Aside, which they say they didn't record, but I did and it's different to what they are saying now. The guy told me to pay and the judgment would be set aside,  there was no suggestion it would not be, yet in the letter he said that he told me there is no guarantee the court will set it aside...  

 

I am certain they sent more than one letter to my current address this year prior to the claim/CCJ arriving, but only one is included. Also they must have written to the court to action the claim and CCJ, that is not included.

This thing's been going on for five years, so where are the letters to my previous addresses etc. This suggests either DCB L are holding out or OBS were using a different solicitor.

 

Still not recieved a SAR from OBS.  The guy at Experian vaguely mentioned that somewhere on the Information Ombudsman Website, it says you can write to DCB L and instruct them to forward the SAR onto OBS, on my behalf, as OBS is their client and they have not responded to my letters or emails etc, anyone heard of this, I couldn't find it?

 

 

 

 

 

 

 

 

[dx100uk]

they have 30days if they don't comply complain to the ico

or raise a failed sar court claim.

 

dx

[brassnecked]

You pay there is danger of the court deeming it Credit Cleansing

[ericsbrother]

DCBL will have no info about this, they are just the people rattling the tin.

You need to go after the parking co in everything you do.

DCBL may or may not pass on your letter, they are not obliged to do so.

 

So ignore anyone other then the original parking co, including their solicitors and go back to square 1 and dill out the N244 and get the set aside.

Anything else you do  without doing this wont help you and may be damaging

[Dizzy blonde]

 

Hi Everyone

DCBL have sent me a Notice of Debt Recovery, saying I must respond within 14 days of the date of the letter. The letter has taken 7 days to arrive, so was either back dated or sent via Dubai.

Any thoughts?

 

[dx100uk]

what did ericsbrother say in the post above yours............

[brassnecked]

Wakey wakey do as DX suggests,  do it now not tomorrow not next week, but right now.  DCBL are rentathreats, get at the parking Co.

[Dizzy blonde]

Hi. I just checked my emails and I don't know how I missed it, OBS replied with the SAR yesterday, right on the 30 day mark. From earlier comments I was under the impression the court may reject my N244 without a valid reason to set aside, so I contacted the ICO as DX etc suggested and emailed OBS again telling them I was going to email the court for a SAR.

OBS have sent me what looks like the original letter and several other attempts to contact me at my previous address up to 2018. 

 

 

[Dizzy blonde]

Hi everyone:
The Letter from DCBL says:
You have failed to make payment of £409 pounds for an outstanding County Court Judgement. 
But the outstanding amount on the Judgement is only £319?
Also on the back of their letter it says:  This case is not subject to High Court or Bailiff action. Does anyone know what this means?

Does this site accept images or do I need to type out the SAR that has arrived from OBS?

Cheers
 

[brassnecked]

They must be adding fees  is there a breakdown on that letter?   Wonder if they will try to inflate it to the magic £600?  They can't add anything to the judgment amount

[FTMDave]

DCBL are bailiffs, and like "debtors" to know this in the hope we will wet ourselves.

 

However, in this case they are not acting as bailiffs but just as rent-a-threats writing silly letters, so just to cover themselves write on the back of their letters that there is no bailiff action.  

 

Yes, the site accepts images, if you click on upload a simple guide will tell you how to redact your personal details and upload the documents as a PDF.

 

The point of the SARs was just as a belt & braces approach to make sure you had as much info. as possible before going for the set aside.  When you have time, please post up what you propose to write on the set aside application. 

Edited July 2, 2020 by FTMDave

[dx100uk]

its their std dca letter...ignore.

its here in several threads already.

 

no-one can add anything to a court judgement, only bailiffs

and as DCBL are not court court bailffs but HCEO's and the CCJ debt is not above £600 , they can't ever be involved as bailiffs here anyway

 

get the set aside running!!

 

dx

 

[brassnecked]

Exactly they are hoping to make a naughty few extra quid for themselves, the judgment amount is what the court asked for.

[Dizzy blonde]

Hi Brassnecked:

 

There was no suggestion of any extra fees only this line which relates to the judgement: 

You have failed to make payment of £409 pounds for an outstanding County Court Judgement. 

 

The solicitors could have made a mistake, because they were suggesting if I paid up now, the total amount would be £3I9 + £I00 court fee to set aside, = £4I9. But I realise this is unlikely to be the reason.

MAybe I should write to DCB Legal to ? it.

 

You mentioned are they trying to get to £600, I wonder is there any interest being added to this CCJ? 

The original amount of the charge from OBC as they were, was only £I00, but they added £60 on for damages and more for interest.

 

 

The Letter from DCBL, reads as though it were written by DCB Legal.

It says the money is owed to DCB Legal not Obs, also it says 'the matter has been passed to DCBL for debt recovery', rather than 'passed to us for debt recovery'. 

 

You have failed to make payment of £409 pounds for an outstanding County Court Judgement. 

The Judgement has been obtained in relation to an amount owed to our client DCB Legal and the matter has now been passed to Direct Collection Bailiffs Ltd (DCBL), for debt recovery.

 

To ensure no further action will take place please make immediate payment by one of the following methods..

Failure to address within 14 days of the date of this letter will result in your case being reviewed for legal recovery

and such costs being added to the debt for recovery. This case is not subject to High Court or Bailiff action

[brassnecked]

No don't fall for that one they are getting you to pay the judgment which wa out of time to pay and not be Registered as you missed deadline of 28 days, the £100 might be seen by court as Credit Cleansing so  they get the brass and your credit still trashed.  Get the Set aside running awayfrom DCBL, they are NOT your friend in any way.

 

Just see what DX comes back with but Applying to court for Set Aside is only way to kill the judgment DCBL are being toothless bullies at the momenmt.