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    • Just to be clear you say your last payment to Mint was 3rd October 2014.   if that is the case there are possibilities:   a). Your last payment was a normal payment as a result of receiving the normal monthly bill and paying some part of it.   If you did not then pay anything else then you would have received some debt collection letters from mint over a period of some months presumably culminating in a Default Notice probably somewhere between month three and month six.   If, following receipt of that notice you did nothing then fourteen days after the date of that notice the statutory bar clock started which means that it probably started somewhere around January to April (but check this by getting SAR sent to Mint).  In this scenario you could have perhaps eight months to go before the stat bar kicks in.   b).  You had not paid the account properly prior to 3rd October 2014 and a DN was issued.  You responded by paying and the DN became voided as you corrected the issue by paying the arrears in which case we are back to a)   c).  You had not paid the account properly prior to 3rd October 2014 and a DN was issued.  You did not correct the situation within 14 days of the DN being issued and as such it came into being.  However, you continued to make some payments but if you did not fully pay the arrears the DN stays in place in which case your Stat Bar clock starts the last time you made a payment and this account will therefore become SBed 3rd October 2020.   Hope my logic is sound but I welcome any other CAGers chipping in here.   To be clear, did you pay Mint until you stopped paying or did you start to pay a debt collector after the account was passed to them?
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Dizzy blonde

OBS PCN CCJ/Judgement - St Johns Retail Park Wolverhampton. - wasn't at home due to lockdown - Can i set aside?

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17 hours ago, dx100uk said:

i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.

 

i do not believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.

 

i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.

 

i claim the cost of my set aside fee from the claimant should i be successful.

 

 

 

Above the excellent paragraphs that dx has posted up, add

 

"I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".


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Yes that covers the non receipt of Claimform adequately.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi everyone. 

My N244 was transferred and the court have now replied, I have a telephone hearing in 12 days time.

I now have to liase with the other party (? DCB legal) to agree the key documents required by the judge and send them to the court 3 days before the hearing. I assume this will be all the demands OBS sent to me and the claim etc.

 

Has anyone been through this before and if so have you any idea how to proceed.

 

1. I assume I have the opportunity to make a statement, in which I have to ask the Judge for a SetAside in order to be able to defend the Claim and then state the reasons why I think a SetASide should be granted.

Is there anything else  in particular I need to say? 

 

2. Should I also mention that DCB Legal have actioned DCBL who have already increased the charge by £90.

Was this action illegal? 

An email from DCB Legal, states that the extra £90 was accrued when the debt was passed to DCBL. 

 

3. Can this now only go in two ways, either the judge allows the Set Aside or does not?

 Or can he dismiss the whole thing? 

 

4. If the judge grants a SetAside, what happens?

 

5. If the judge rules in their favour what will happen to the CCJ, is it removed?

 

I will be in dire straits unless the CCJ is removed.

 

I've been issued a new section 21 notice to vacate but cannot move house or get a bank account because of the CCJ.

Having it satisfied will not help at all.

 

Is there anything I can say to the judge to ensure the set aside is granted,

or the case is dismissed,

or that I be allowed to settle it in a way that removes the CCJ from my credit record?

 

Appreciate any assistance you can give me.
 

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DCBL added the £90 after Judgment, and it was passed to them, they can't they could not have been acting as Bailiff or HCEO, so can add diddly squat to the judgment amount.  Wait for the others opinion, but I would mention the £90 addition at some point, just see what the other team members say.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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can we see the order by the judge please 

particularly where it says ( or doesn't) you have to liaise with the other party?

have you both got to pit in bundles or is the judge asking for a joint bundle?

 

if the set aside is successful then the CCJ is gone .. it's one way or the another.

until/unless the claimant requests a subsequent hearing (if they choose too) it remain gone should your set aside be successful.

then if so the case is reheard as if you'd just received the Claimform.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi. DX, I'm not at home and relying on a photo of the document which states:

Prior to the hearing the parties are expected to liase to agree the key documets required by the judge essential for that hearing. In default of agreement the parties may identify their own key documents but will need to justify the absence of agreement to the judge, who may make costs orders consqeuent upon the failure to agree.

 

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On 07/07/2020 at 01:23, dx100uk said:

n244

.......

 

1."I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".

 

On 07/07/2020 at 01:23, dx100uk said:

 

2 i do not believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.

 

3. i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.

 

4.i claim the cost of my set aside fee from the claimant should i be successful.

 

 

 

can i confirm the above 4 points were included in your N244

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi DX

I'm almost certain I did, as I copied and pasted all of comments from this thread and was up until 3am trying to fit them all into the box on the online claim form. I do not have a copy of what I put as it was done online. 

 

Ten days ago I also received an email from OBS with the photo evidence, although obviously it does not show the other times the vehicle was in the carpark in between.

 

I have recent photos of the carpark, showing very poor signage in one half of the carpark and a bush in front of one entrance sign. I am also trying to locate the original pictures I took of the carpark shortly after receiving the pcn.

 

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Standard directions as per usual Notice of Allocations...but 3 days instead of 14 days......just interpreted differently by the OP :wink:

 

File and serve statements and disclosures 3 days before the telephone hearing.

 

Did you not attach draft order to the N244 ? You really shouldn't be listing reasons for a set a side within the N244......its not court protocol.

 

Andy


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