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    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
    • Dear lookinforinfo, I'm sorry if I seem stupid, but what exactly am I telling them? -what code/ law / standard have they broken that I will use as an argument in letter? I don't understand the premise of your argument.  I would appreciate it if you could explain it to me clearly and in simple terms so that I understand.  Thank you   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
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Brittania/DCBL ANPR PCN - PAPLOC - claimform - appeal refused - St Johns Road West Birmingham


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In all honesty the offer was intentionally derisory - both for my own amusement and also to test their resolve for going to court.

Not being in writing works both ways - there was no commitment upon me to make the payment.

Anyway, fun's over - will keep everything in writing and see if they pay up to go to court.

Have a CPR request going off today.

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I have received another letter today from DCB Legal dated 10/04/24 (so unlinked to yesterday's phone conversation).

It states:

 

"having reviewed the content of your defence, we are writing to inform you that our client intends to proceed with the claim.


The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy.


Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. Therefore, in the event you wish to discuss settlement, please call us"

 

Enclosed is their Directions questionnaire, including that they agree to the Small Claims Mediation Service. I presume sending me a copy of the small claims track form doesn't necessarily mean they've filed it and could be further scare tactics.

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MCOL will tell you once they've filed it with the courts so just check there.

I'm sure the courts are massive fans of DCBL using official documents to harass and scare people (Not! :pound:)

Remember that the courts call the shots now, not the claimant.
 

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  • 2 weeks later...

I have now received a notice of proposed allocation to the small claims track directly from the court. I assume this means the fee has been paid by dcb.

I now have to complete the N180 and serve copies.

Looks like this is going the distance.

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3 hours ago, supernick90 said:

I assume this means the fee has been paid by dcb.

no fee to pay till allocation at your local stated court...


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. So still possible that they would fail to pay the fee and the case is thrown out? I filed my defence on 8th.

Britannia is private I assume, so it’d be a no to mediation.

I am keen not to have to physically go to court, albeit mainly due to the inconvenience.

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29 minutes ago, supernick90 said:

So still possible that they would fail to pay the fee and the case is thrown out?

Possible or fail to submit their DQ/on time.... no to mediation on all speculative private parking claims irrespective.

All defendants are in a stronger position if they attend the hearing...none attendance virtually guarantees you will lose.

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  • 2 weeks later...

I’ve received a pack from the solicitor as requested. It includes all paperwork received to date as well as a redacted version of the contract the claimant has with the landowner.

My defence is partially based on the inability to contract with the claimant, but this may now fall apart?

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So, by my count there are 13 fully redacted pages?!!

6, 9-16, 21-23 and 25.

RIDICULOUS...

We could do with some help from you.

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Wait and see what the other regulars say, but from memory, the terms for agreed parking restrictions have been listed in "schedules" before.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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2 hours ago, supernick90 said:

My defence is partially based on the inability to contract with the claimant, but this may now fall apart?

Not at all, as Nick says, this level of redaction is absolutely ridiculous.

They may as well have sent nothing,.

We could do with some help from you.

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