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#Post#: 89614--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: September 12, 2025, 5:45 am
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I have been told that a letter arrived today from "HM Courts and
Tribunals Service", accompanied by a 5 page "Claim Form".
I should be able to see this myself perhaps today, but certainly
in a day or so.
How much of this do you need to see?
#Post#: 89615--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: DWMB2 Date: September 12, 2025, 5:47 am
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Just the front page, that contains the Particulars of Claim.
Obscure the claim # and MCOL password, and any personal details.
#Post#: 90101--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: September 15, 2025, 4:48 pm
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Here you go...[br]
[font=Verdana, Arial, Helvetica, sans-serif][br][/font]
[img width=1100
height=1514]
HTML https://i.ibb.co/wF4QqpFh/Claim-Form-090925.png[/img]
#Post#: 90163--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: b789 Date: September 16, 2025, 6:04 am
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With an issue date of 9th September you have until 4pm on Monday
29th September to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 13th October to submit your defence.
You only need to submit an AoS if you need extra time to prepare
your defence. If you want to submit an AoS then follow the
instructions in this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Until very recently, we never advised using the MCOL to submit a
defence. However, due to recent systemic failures within the
CNBC, we feel that it is safer to now submit a short defence
using MCOL as it is instantly submitted and entered into the
"system". Whilst it will deny the use of some formatting or
inclusion of transcripts etc. these can always be included with
the Witness Statement (WS) later, if it ever progresses that
far.
You will need to copy and paste it into the defence text box on
MCOL. It has been checked to make sure that it will fit into the
122 lines limit.
[quote][font=Courier New]1. The Defendant denies the claim in
its entirety. The Defendant asserts that there is no liability
to the Claimant and that no debt is owed. The claim is without
merit and does not adequately disclose any comprehensible cause
of action.
2. There is a lack of precise detail in the Particulars of Claim
(PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not adequately comply
with CPR 16.4.
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the
PoC in accordance with PD 16, para 7.3(1);
(b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts);
(d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
(f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without specificity.
4. The Defendant submits that courts have previously struck out
materially similar claims of their own initiative for failure to
adequately comply with CPR 16.4, particularly where the
Particulars of Claim failed to specify the contractual terms
relied upon or explain the alleged breach with sufficient
clarity.
5. In comparable cases involving modest sums, judges have found
that requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, strike-out was deemed appropriate. The Defendant
submits that the same reasoning applies in this case and invites
the court to adopt a similar approach by striking out the claim
due to the Claimant’s failure to adequately comply with CPR
16.4, rather than permitting an amendment. The Defendant
proposes that the following Order be made:
Draft Order:
Of the Court's own initiative and upon reading the particulars
of claim and the defence.
AND the court being of the view that the particulars of claim do
not adequately comply with CPR 16.4(1)(a) because: (a) they do
not set out the exact wording of the clause (or clauses) of the
terms and conditions of the contract which is (or are) relied
on; and (b) they do not adequately set out the reason (or
reasons) why the claimant asserts that the defendant was in
breach of contract.
AND the claimant could have complied with CPR 16.4(1)(a) had it
served separate detailed particulars of claim, as it could have
done pursuant to PD 7C, para 5.2, but chose not to do so.
AND upon the Court determining, having regard to the overriding
objective (CPR 1.1), that it would be disproportionate to direct
further pleadings or to allot any further share of the Court’s
resources to this claim (for example by ordering further
particulars of claim and a further defence, with consequent case
management).
ORDER:
1. The claim is struck out.
2. Permission to either party to apply to set aside, vary or
stay this order by application on notice, which must be filed at
this Court not more than 7 days after service of this order,
failing which no such application may be made.[/font][/quote]
#Post#: 90279--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: September 16, 2025, 3:59 pm
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[br]
Right! This is the correct thread...[br][br]
As the defence is ready to be copied and pasted from the
previous post. I presume it is complete, and that an AOS is not
necessary.[br][br]
Or is there some benefit to be had by doing an AOS anyway?
#Post#: 90320--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: b789 Date: September 17, 2025, 3:41 am
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You only need complete the AoS if you need more time to prepare
your defence. There is no advantage to completing the AoS
otherwise.
#Post#: 90431--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: September 17, 2025, 1:28 pm
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Defence submitted.
Now we wait...
#Post#: 91084--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: September 23, 2025, 8:27 am
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Should MCOL be checked periodically, or can we rely on some
correspondence arriving to indicate that something has happened
and needs attention?
#Post#: 91129--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: b789 Date: September 23, 2025, 11:03 am
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You should check it periodically. Once the claim is transferred
to your local court, MCOL will play no further part.
After submitting your defence it should confirm receipt of it.
The next thing to look out for is when it tells you that your
N180 Directions Questionnaire (DQ) has been sent.
As soon as you see that, just follow this instruction:
Having received your own N180 (make sure it is not simply a copy
of the claimants N180), do not use the paper form. Ignore all
the other forms that came with it. you can discard those.
Download your own here and fill it in on your computer. You sign
it by simply typing your full name in the signature box.
HTML https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
[indent]• The name of the court is "Civil National Business
Centre".
• To be completed by "Your full name" and you are the
"Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their
evidence at a hearing in person and to expose omissions and any
misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question.."
• F1: Whichever is your nearest county court. Use this to find
it:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the
signature.[/indent]
When you have completed the form, attach it to a single email
addressed to both dq.cnbc[member=6517]justice[/member].gov.uk
and info@dcblegal.co.uk and CC in yourself. Make sure that the
claim number is in the subject field of the email.
#Post#: 96437--------------------------------------------------
Re: DCBL - Notice of Debt Recovery
By: Mortimer Date: November 1, 2025, 10:00 am
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The RK received today (Monday 1 November 2025) a "Notice of
Proposed Allocation to the Small Claims Track" dated "27 October
2025". It took five days to arrive!?
There is an N149A cover letter.
An information sheet about how HMCTS are making things easier,
giving QR code to N180 Direction Questionnaire, brief
instructions and reasons to do it online.
An 8 page N180 form.
An electronic version has been downloaded and will be filled in
as suggested.
A few questions:
E1 : Can I be the name and contact for the mediation
appointment?
E4,F6 : If the RK attends the mediation, English is not their
first language, and I would have thought possibly vulnerable to
being mislead into agreeing to something disadvantageous. Is it
worth mentioning this in E4,F6? I am not sure they would need an
interpreter under E3, F5.
F1 : I presume that the RK's nearest CC being in the next county
is not a problem?
G : Other information, none of the paperwork received has
advised the RK of the right to give evidence in Welsh or English
(not that it matters), they don't speak Welsh anyway. Should
this advice been given before reaching this point in the
questionnaire?
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