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Hi All,
I had been defending a parking case against DCB Legal and my defence was submitted in September of last year.
I had moved house but had a mail redirection in place which ended at the end of October. I'd informed DCB Legal via email prior to this and made reference to this in my defence.
On the 8th November I recieved an "Unless" order for the DQ. This must have still been in the postal system because it arrived via redirected mail after it had supposedly ended. I submitted my DQ on the same day with my new address and I also included my new address in the body of the email and apology and explanation for the delay.
On an absolute whim I checked MCOL on 3rd February and see that my defence was struck out on 22nd December and judgment by default issued on 30th January. I assume I missed another "Unless" order.
On February 4th I called DCB Legal and they verified my identity for GDPR using my new address. They called me on the 6th and again used the new details. They called a further two times since and used the new address. I have transcripts of all these calls.
On 6th February I wrote asking for consent to set aside but was ignored.
At this point I had to pay the judgement payment to protect my financial wellbeing (my bank had already limited my OD facility) but I was clear -in writing- that it was under protest, I would be pursuing them for it back and I admitted no liability. I also offered a consent order again. This was ignored again.
My plan was to request a set aside but when I called the court (and they verified me using my OLD address) they said I couldn't pay for the N244 because there was no longer a judgment as I'd paid within 30 days. They advised that the only way to recliam the money was to sue them back for it.
My new tactic is to approach informally to set aside the strike-out from December as I have an audit trail and can show I did everything I could to inform claimant and court of the new address. Indeed, the claimant has my new address and it would seem had it prior to judgement being requested.
Has anybody had any success with this or heard of anything similar? Is there a better way?
How on earth can this be a fair justice system, where the defendant is expected to pay nearly £600 (judgement cost + N244 filing fee), in order to rectify the courts mistake and DCBL's negligence? What would have happened if I didn't have the means to buy my way out of the mess they created between them? A 6 year financial catastrophe on my record?
I had been defending a parking case against DCB Legal and my defence was submitted in September of last year.
I had moved house but had a mail redirection in place which ended at the end of October. I'd informed DCB Legal via email prior to this and made reference to this in my defence.
On the 8th November I recieved an "Unless" order for the DQ. This must have still been in the postal system because it arrived via redirected mail after it had supposedly ended. I submitted my DQ on the same day with my new address and I also included my new address in the body of the email and apology and explanation for the delay.
On an absolute whim I checked MCOL on 3rd February and see that my defence was struck out on 22nd December and judgment by default issued on 30th January. I assume I missed another "Unless" order.
On February 4th I called DCB Legal and they verified my identity for GDPR using my new address. They called me on the 6th and again used the new details. They called a further two times since and used the new address. I have transcripts of all these calls.
On 6th February I wrote asking for consent to set aside but was ignored.
At this point I had to pay the judgement payment to protect my financial wellbeing (my bank had already limited my OD facility) but I was clear -in writing- that it was under protest, I would be pursuing them for it back and I admitted no liability. I also offered a consent order again. This was ignored again.
My plan was to request a set aside but when I called the court (and they verified me using my OLD address) they said I couldn't pay for the N244 because there was no longer a judgment as I'd paid within 30 days. They advised that the only way to recliam the money was to sue them back for it.
My new tactic is to approach informally to set aside the strike-out from December as I have an audit trail and can show I did everything I could to inform claimant and court of the new address. Indeed, the claimant has my new address and it would seem had it prior to judgement being requested.
Has anybody had any success with this or heard of anything similar? Is there a better way?
How on earth can this be a fair justice system, where the defendant is expected to pay nearly £600 (judgement cost + N244 filing fee), in order to rectify the courts mistake and DCBL's negligence? What would have happened if I didn't have the means to buy my way out of the mess they created between them? A 6 year financial catastrophe on my record?
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