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#Post#: 48184--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 4, 2024, 2:09 am
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Sorry. With attachment
[attachment deleted by admin]
#Post#: 48198--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 4, 2024, 3:06 am
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OK. So you did receive the LoC from DCB Legal. You are saying
that you never received the N1SDT Claim Form that is sent from
the CNBC.
As you have evidence of having responded to everything else and
as the CNBC will not be able to show "prof of posting", there is
a possibility that it was not delivered. Whilst the claimant has
not done anything wrong because they used your correct address,
you may not get your application fee back.
The main thing is to get your CCJ set aside.
You say you used the response webform on the DCB Legal website
to respond to the LoC. You have a copy of what you put in that
response. Did you receive any response to your request for
further information/documents?
What correspondence or emails did you receive from anyone after
submitting the response/request to DCB Legal on 17th July?
Where have you been getting your advice from up to now?
#Post#: 48199--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 4, 2024, 3:17 am
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One further question... did you not receive a letter from the
CNBC with the default judgment?
#Post#: 48216--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 4, 2024, 4:35 am
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FYI, I have discussed your case with a judge today and they
reckon that what you have put in your N244 application should be
sufficient. You don’t need a second witness statement or a draft
order. The claimant never turns up to this sort of thing and
only rarely files evidence. I would be amazed if judgement was
not set aside.
#Post#: 48252--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: H C Andersen
Date: December 4, 2024, 6:46 am
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Is your hearing in person?
As I posted previously, you have evidence that at every formal
and (more often) informal stage of correspondence between you
and the creditor you have replied promptly and in full setting
out what you believed was a solid defence against their claim.
You are where you are solely because you did not acknowledge
service of a claim form from CNBC for the reason that this was
not received. You cannot prove a negative, but would ask the
judge to accept that given your prior history of engagement on
this issue and your stated intention to defend yourself that the
balance of probability should be cast in your favour and that
the default judgment should be set aside.
#Post#: 48301--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 4, 2024, 11:33 am
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...and the Overriding Objective.
#Post#: 48367--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 4, 2024, 4:30 pm
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Been at work so I'll answer the many replies (thanks) in order.
B789 at 9.06 - Correct. The N1SDT did/has not arrived in the
post. I got it yesterday from DCBL by email. Having posted the
response online, I received nothing in return from DCBL. All
I've had since is the Judgment in Default and a couple of debt
chases from DCBL including yesterday. My advice on the Letter of
Claim response I got online from someone with a similar case.
B789 at 9.17 - yes I did receive the default judgment from CNBC.
I have posted that already along with my N244 response.
B789 at 10.35 - Thank you. That sounds positive. I will be
prepared for my hearing.
HC Anderson at 12.46 - Yes I expect my hearing to be in person.
I have posted the letter saying it will be dealt with by the
local court. I have kept every email and letter both sent and
received since day 1. Including the original appeal rejection. I
will have that all to hand on the day.
Thanks everyone.
#Post#: 48368--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 4, 2024, 4:32 pm
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Finally, the last two letters from DCBL in the last week have
been to ask for my parking evidence and to chase the debt again.
Given that I have paid for my N244 and this is now being dealt
with by the court, should I engage with them?
#Post#: 48404--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 5, 2024, 4:40 am
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Direct Collection Bailiff Ltd (DCBL) are simply a debt
collector. Ignore them. They have nothing to do with this. It is
DCB Legal that you need to tell us about, if they try and
contact you. Please make sure you differentiate between DCBL and
DCB Legal.
So, have DCB Legal been in touch or not?
#Post#: 48409--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 5, 2024, 5:08 am
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Ok so I just checked. The letter on 20 November was from DCB
Legal. They asked for my parking evidence. I did reply only to
see if they had a copy of the N1SDT. They did and supplied it. I
have not provided parking evidence to them.
On the same date (but posted) but only received this week was a
letter from Debt Collection Bailiff's (bit naughty to use DCBL
Reference Number in the letter). It is titled DEBT RECOVERY
REMINDER (Unpaid County Court Judgement). I have not responded
to this at all.
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