EXCEL/DCBL Backdoor CCJ multiple PCN's- NOE & Writ both not my name and my old address - had to pay £1860!

[hellabaloo]

Hi, I was wondering if anybody could advise me, I have tried CAB and they had no helpful advice and just tried to refer me to a debt advisor who wanted me to do credit searches which doesn't help in this situation.

OK, long story... I shared a house with my ex & we shared a car. We broke up, the car was sold, I moved to a different county & bought a new car which was registered at my new house.

One morning I wake up to find these 2 DCBL HCEOs in my house.

• They were here to collect for Excel Parking Services.
• This was the first time they had visited.
• Never received any parking notifications,
• never received a CCJ,
• never received a NOE.
• They did not come to the front door, they went through neighbour's back garden to enter mine as there is no other way they could have accessed it.

I have been classed as disabled since the mid 1980s as I have mobility issues, I am severely immunosuppressed, I was on chemotherapy at that time, I had been hospitalised twice that year due to my illness and had been in receipt of full time sickness benefits since 2011. I also lived alone. I have collected proof of all these claims from the relevant bodies and these things combined classes me as a vulnerable person.

• They did not show me a warrant and I was in such a panic I didn't think to ask.
• Despite being shown proof of my illness and benefits they would not leave.
• They did not give me time to get debt advice or legal advice.

I have now seen a written statement from Mitchell Starr the agent who attended who says verbatim,

• "debtor advised she was unaware of the debt.
• case was then progressed to stage 2.
• the debtor offered to pay in instalments and was advised payment needed to be paid in full.
• 20 minutes was given to make payment.
• the debtor then contacted her mother...
• the total balance of £1860.10 was taken...
• images sent to myethos.".

This was not provided to me by DCBL but sent to Excel who then used it as a defence (explained later on).

After the debt was paid I contacted DCBL and asked for the warrant.

A high court writ produced that has my previous address (from 4  years earlier) on it and was issued to my first name & my middle name, but not my surname.

I asked for a copy of the NOE and when it was produced it had the same errors on it, meaning it was not sent to my current house but the old one and obviously I had not seen it.

I then contacted Excel who said they did not have a copy of the original CCJ.

They also said they did not have any documents regarding the debt or how it was incurred?

I then searched the Trust Online Register for the CCJ number listed on the high court writ & there is no record of any CCJ against me, the case number doesn't exist?

I then did an SAR against both DCBL & Excel at the same time.

DCBL provided the same Writ & NOE showing the wrong name & old address, and a statement showing a total debt owed of £1034 which included the compliance fee. They did not provide any of the images they added to myethos, they did not provide any proof of when they had sent the NOE, they did not provide the body cam footage even though it was requested.

They did not explain why I was charged £1860 on the very first visit which was paid in full within 30 minutes.

The statement provided states the total owed was £1035 (inc compliance fee).

How did the extra £800 arise?

The letter they provided listed their Stage 1 fees as £190.

Does anybody understand how they came to this figure?

Excel responded to ask what the SAR was about and when given the number plate & reference number I never heard from them again despite numerous emails from me.

• After 3 months of waiting and getting nothing from them, I sent Excel a LBC asking for the fees to be reimbursed.
• Again they acknowledged the LBC by asking what it was about & were provided with the same Reg no & reference Number.
• They did not reply again and ignored my LBC.
• After almost 2 months I issued an N1 to small claims court with Excel as the defendant.
• At this point Excel entered a defence stating they had never heard from me,
• they didn't know what this was about as I hadn't sent an LBC,
• asked for the case to be thrown out as I had ignored pre court protocol,
• and then produced the statement from Mitchell Starr of DCBL (above) that contained personal information about me & my address.
• This document was not provided to me by either DCBL or Excel as part of my SARs.

I then complained to DCBL for sharing information with Excel that they had not provided to me. They said, in writing, they were allowed to withhold it. I complained to Excel for ignoring my SAR and then producing documents to the courts and, of course, heard nothing back. I then reported them both to the ICO.

The ICO found them both guilty of breaching my rights and have informed them both to comply with my request properly within a month. That was 2 weeks ago.

This week the court processed my claim and it has been allocated to my local county court.

My issues are:

I can prove disability and illness and benefits but I was not given any chance to get debt advice or make instalments.

Whilst in the house, on the first visit when they were paid in full, they progressed to stage 2 and charged 2 fees for one visit and their figures still don't add up.

As far as I can tell legislation states they are not allowed to charge fees to disabled people on benefits unless they are given a chance to get debt advice first, which I clearly wasn't as their statement says I was only given 20 minutes to pay in full.

Legislation also states they must withdraw from a property where the only person present is vulnerable, which they did not.

The Writ and NoE both have the wrong address and the wrong name listed on them.

They have not provided proof that the NoE was ever sent or that anything was ever sent to this address.

They enforced a writ with an incorrect name on it.

They are unable to produce the CCJ (which will probably also have the wrong address and name on it meaning I did not know about that either) and they say they don't have any information about the original debt at all.

They have both failed to comply with a SAR.

I understand there's a bit of a risk in small claims court but as I understand it I cannot end up paying their legal fees or costs so I thought it was worth the risk.

Could anybody help explain some of their fees to me and tell me whether the address & name being wrong matters.

If the NOE and writ both have the wrong name and address on them can they be valid?

Any help would be appreciated

 

[FTMDave]

Will be with you shortly.  You say "long story" and it is, there's a hell of a lot to take in.

[dx100uk]

if the NOE was not served on AND for the address that they peacefully entered, they can't charge anything...remove anything , levy on anything.. end of!! somethings not right here in this story...sorry.

i notice the CCJ is for +£900 so must be 3 or 4 speculative invoices on the CCJ. so HCEO's are allowed to be used after applying to the High court.

look at your credit file is the CCJ listed against YOUR NAME. if not who's name?

find the CCJ number

ring nothants bulk tomorrow

ask for a copy of the judgement for claimant AND the Particulars of Claim by email PDF.(unless you already have both ..if so post them up.)

the HCEO fees look about correct as they get to add interest even on 1st visit.

thread title updated

thread moved to private parking forum

dx

 

[lookinforinfo]

How did they access your property? Did they break the lock, enter through a window or was your back door unlocked?

[dx100uk]

they can't it would have been peaceful entry via unlocked or open door.

wont know anything unless the OP actually engages with this thread mind...

[lookinforinfo]

That;s why I asked, Dx.

[dx100uk]

you need to respond to this thread @hellabaloo if you want help......

 

 

[hellabaloo]

They came through an unlocked back door.

My fault for leaving it open I know. 

[FTMDave]

Not your fault at all.  You weren't to know a bunch of bailiffs would turn up.

Can you please answer dx's questions.  Have you managed to get the CCJ number?  Have you got a copy of the judgement?  Have you checked your credit file?

From our point of view you've come here very very late in the case when a mass of things have already progressed.  I understand you already have a court claim against Excel.  Will you please redact and upload all the correspondence so far - your LBC, your Particulars of Claim, their defence, the whole shebang.

[hellabaloo]

No the CCJ (xxxxxx) isn't on my credit file actually.

I assume because it's they've got the name wrong but It's not there.

If I search for it it comes up as invalid.

I will go through & redact those other docs & upload them when I get home.

Thanks

[dx100uk]

are all your old addresses showing under linked addresses on your credit file?

dx

 

[FTMDave]

OK, let's cut to the chase in what is a complicated case.

What will have happened is this.  Excel will have sent their invoices to the registered keeper of the vehicle at an old address.  Followed by threatening letters.  When they got no answer they will have issued a court claim.  As it wasn't defended, they will have won by default.  And then sent in bailiffs to trace you and get the money.

The correct procedure is to ask the court to set aside judgement, on the basis that court papers went to the wrong address and you had no chance to defend yourself, which is a painless procedure and in over 90% of cases judges allow set aside.

I don't know how much that procedure will be complicated by the fact you've paid, but I've flagged the thread up to experienced Site Team members who will know.

Probably your claim against Excel was not he right way to go, but as you say the costs will be very small.  Anyway, we'll wait for the paperwork.

If you have an ICO decision against Excel for not respecting the SAR you can certainly sue them for the distress this caused you.

I'm afraid we will be asking you a large number of questions and asking for a lot of paperwork so we can piece together what has gone on.

[dx100uk]

On 10/12/2023 at 21:21, dx100uk said:

ring nothants bulk tomorrow

ask for a copy of the judgement for claimant AND the Particulars of Claim by email PDF.(unless you already have both ..if so post them up.)

cant do anything till we have this info.

dx

[FTMDave]

OK, there is a way to fight back, get the court order set aside, and get your money back.

However, nothing can be done until (a) we get the info that dx has been repeatedly asking for and (b) all the paperwork regarding the court claim you have started against Excel.

[dx100uk]

well?

dx