DCBL Set Asside Application

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Rex Bateman
Posts: 2
Joined: 31 Oct 2017 21:31

#1 DCBL Set Asside Application

Post by Rex Bateman » 31 Oct 2017 21:47

I received a most unwelcome visit from this mob. They handed me a writ of Control and proceeded to clamp my car threatening to remove it.

This was the first I knew of this alleged debt. I have reason to believe the allegation concerns private parking charges. I consider that I have a complete defence to the claim - I have it in writing that the charges were cancelled.

It was clear that I would get nowhere with DCBL and, needing my car and wishing to avoid a scene in the street, elected to pay the full amount.

I have made an urgent application N244 to the County Court seeking the CCJ be set aside and the writ stayed. I did not receive any correspondence in this matter (likely went to an old address) and consider I have a strong defence. I asked in the application for an order to be made to return the monies.

Where do things go from here? I assume I’ll be given a hearing date where I will go an present my application. Should it be successful when will I get my money back?

How can I claim the costs of the Application £255? Can I claim any damages in trespass - I have reason to believe the writ was defective in that it gave my pervious address and the claimant brought a case which was entirely misconceived.

Many Thanks.

Cbear79
Posts: 48
Joined: 31 Aug 2017 18:46

#2 Re: DCBL Set Asside Application

Post by Cbear79 » 02 Nov 2017 14:16

Your in a similar situation to me. I go to court next week to have it set aside.

God knows how I reclaim if it goes in my favour, just trying to get court out of way so we can move forward.

Rex Bateman
Posts: 2
Joined: 31 Oct 2017 21:31

#3 Re: DCBL Set Asside Application

Post by Rex Bateman » 02 Nov 2017 14:33

Good luck.

I went to the HC today with my application. I didn’t see a judge - the counter staff said that these stays are nearly always granted. She said it’d be done by the morning.

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Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
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#4 Re: DCBL Set Asside Application

Post by Schedule 12 » 02 Nov 2017 17:18

Rex Bateman wrote:
31 Oct 2017 21:47
I received a most unwelcome visit from this mob. They handed me a writ of Control and proceeded to clamp my car threatening to remove it.

This was the first I knew of this alleged debt. I have reason to believe the allegation concerns private parking charges. I consider that I have a complete defence to the claim - I have it in writing that the charges were cancelled.

It was clear that I would get nowhere with DCBL and, needing my car and wishing to avoid a scene in the street, elected to pay the full amount.

I have made an urgent application N244 to the County Court seeking the CCJ be set aside and the writ stayed.

You must get the writ stated in the High Court. Apply for your costs on a form N260 and that will be setoff against the judgment. The high court registry will transfer the claim to your home county court if different.

At the county court, apply to set aside the judgment using your grounds and apply for your costs on a form N260 and if the judgment is set aside, then apply for a judgment against the creditor for your costs.

I did not receive any correspondence in this matter (likely went to an old address) and consider I have a strong defence.
You must give evidence of your new address and the date you moved.

I asked in the application for an order to be made to return the monies.
The court will make the order the money taken must be returned to the defendant forthwith. DCBL will only refund the judgment and say their fees were lawfully due, but you can still issue a writ or warrant for them to be recovered using the N24 order. A third party order is the cleanest way to recover money from a bailiff company. They won't know it's been executed until afterwards.

Where do things go from here? I assume I’ll be given a hearing date where I will go an present my application. Should it be successful when will I get my money back?
Yes, but DCBL has a policy not to refund the fees, so a 3rd party order is a way to go. The cost of the order is added to the transfer from their bank.



How can I claim the costs of the Application £255?
Add to the form N260

Can I claim any damages in trespass
No, unless you are not the debtor. Debtors cannot claim trespass. You can only claim special damages.


- I have reason to believe the writ was defective in that it gave my previous address and the claimant brought a case which was entirely misconceived.

Many Thanks.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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