CEL /DCBL ANPR PCN CCJ as i moved!! - Butterfly Walk Car Park, Denmark Hill, London, SE5 8RW - anything i can do?

[Eagle15]

Thanks, so the below alone would be fine for now?

 

Dear DCB Legal,

 

Thank you for the rather laughable Letter Before Claim I have received from you, regarding the above speculative invoice sent out without consideration to the current codes of practice laid out by UK Law and your client’s own governing bodies.

 

There is absolutely no intention of contributing to what must almost certainly be your healthy income by paying the sum mentioned to your client, Civil Enforcement Limited. It’s fairly ridiculous that you believe people will fall for your nonsense and pay you their hard earned cash.

 

I can assure you I will certainly not be doing so, as I am fully aware your claim has no basis in law. You now have two options, the first of which is to drop this hopeless case, or continue to go to court where I will embarrass you and go for an unreasonable costs order under CPR 27.14(2)(g).

[FTMDave]

A snotty letter has to tread a fine line between showing you have something and would be big trouble for them in court, and playing your cards too early.

 

Your second version is much better.  if you want, after "I am fully aware your claim has no basis in law" stick in "Go and look up "de minimis" thickos".  This hints that you know their case is carp but doesn't let on why.

 

Write at the bottom COPIED TO CIVIL ENFORCEMENT LTD.  It's important that you send a copy to CEL too as DCBL would love their clients to start a hopeless court case, after all it's £££££ in for them.  Let CEL too know that you are bad news who would make a large hole in their wallet in court.

 

If none of the other regulars have comments, in about a fortnight's time invest in two 2nd class stamps and get two free Certificates of Posting from the post office.

 

 

[Eagle15]

Hi all, I’ve heard back from Civil Enforcement Ltd following sending my ‘snotty letter’ detailed above.

 

Please see attached their letter. Nothing from DCBL yet.

 

any guidance on what to do next (if anything) please?

 

thanks 

IMG_7185.pdf

[FTMDave]

But, but, but if you didn't pay they were definitely going to take you to court.

 

Instead they are ... forcing you to open an envelope.

 

Yours is not the next move.  Ignore the letter. 

[FTMDave]

Open.

[Eagle15]

Hi all, thanks for reopening this thread.

 

After sending snotty letters to both DCB legal and CEL, and receiving acknowledgements from both (saying the debt was still owed), I didn’t hear anything further until now.

 

A slight spanner in the works is that I moved house at the end of September last year (however had a redirection in place with Royal Mail until 21 December 2022). My old flatmate picked up some post today and inside it was a letter entitled ‘county court judgment’ from DCB legal.
 

The letter states that a CCJ has been entered against me on 12/12/22. It’s important to note here that I have not received any notice of this, the latest I’d heard is the responses to my snotty letter, until this letter I opened today. Given I moved house, it’s possible a letter got lost in the redirection.

 

The letter I received today (which was actually sent on 28/12/22)  is attached here. The 30 days I had to pay the money has expired (yesterday, ironically), so I’m now not sure how to proceed. Worth noting here that I think the original PCN is invalid as I wasn’t sent the notice within 14 days, so I assume if this got to court they wouldn’t win anyway..

 

Is this an official CCJ? It doesn’t note any court details so I’m not sure, and not sure how to proceed from here. Thanks in advance!

7C0524BE-74AD-472E-B403-C235420E5E49.pdf

[dx100uk]

i would expect there is a judgement

go check your credit file.

 

sadly as with most court documents they clearly state on the envelope do not redirect. so they never are.

 

not a lot you can do sadly, its far cheaper to ring them up and pay the sum.

the judgement was issued 12/12  if you ask the claimant nicely they might remove the ccj themselves, though its worthy to note courts are closed for ONE DAY over the xmas/newyear period, so you could get away with this.

 

set aside costs £275 with no guarantee of success.

 

i hope you told anyone else that is on your credit file or that owns a debt you last paid or used in say 7yrs of your new address? and ofcourse dvla re your car v5c and your driving licence (they are separate entities) 

[Eagle15]

Thanks for the reply @dx100uk

 

Have definitely let DVLA know about license but not sure about v5c so will need to check that 

 

In terms of contacting the claimant to remove the CCJ - not entirely sure what you mean by that? As in because the courts were closed I could still argue it’s within 30 days? or my argument would be I never received the CCJ? 
 

Regards paying it, do I have to do that all through DCB Legal, given I haven’t got any details of the court etc?

 

Very frustrating given the PCN they issued in the first place was not valid!

 

Thanks

[dx100uk]

the fact it was faulty is now out the window. the judgement trumps that.

 

you've suffered the classic scenario these firms dream for, you moved and did not inform them in writing you had.

they wrote

you did not reply.

they quite legally served a claim against you old address 

they got a default judgement through the backdoor via the robocourt where no human see or checks anything.

 

had you replied they most probably would not have issued the claim.

 

i'll say again. the courts were closed for one day, that gives you one cal month to settle the judgement + poss 1 day extra.

 

any payment has to be made to the claimant , the court might except it was paid in time, or they could reject it. the claimant could be nice and decide to remove it themselves if the court does not.

you are in somewhat grey territory im afraid.

 

arguing you didnt receive anything is only ever good if you are going to set aside.

but as that reason is of your own doing ....me thinks the judge will not swallow it.. wasted £275 and you'd still have to pay the ccj.

 

dx

 

 

[FTMDave]

dx has summed everything up.

 

This is a crying shame as your case was eminently winnable.  Surely you saw on other threads that when someone moves they must inform anyone they are in legal dispute with of the new address in writing.

 

Whatever you do will be unpalatable.

 

1.  Pay it.  As in this evening.  The bad side is £290 down the drain, the good side is that your credit file is saved ...

 

... possibly.  You may have missed the deadline and end up paying and still having a knackered credit file for six years.  As dx says, you are so near the deadline it's a grey area.

 

2.  Apply for set aside.  The bad side is that i costs £275 that you would never see again.  Good side?  Who knows.  The judge might allow set aide and "turn the clock back" till September.  Or the set aside might be rejected and you'd be stuck with the knackered credit file for six years plus goodbye to £275.

 

3.  Defy the court and not pay.  Good side - no money spent.  Bad side - being punished for six years by having a knackered credit file.

 

Your unpalatable choice.