PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Mil Judgement
Hexx
post Mon, 19 Mar 2018 - 11:41
Post #1


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Good Morning. I used to post on here as farmerboy but had to drop out for personal reasons a year back and havent been able to log back in with my old details so Im starting over. A friend has received a judgment from Mil Collections. She received a non compliant LBA in December but never received the claim form only the judgement. I am putting the defence together and will submit the N244 form this friday and the £255 set aside fee.

1. Do I include with the N244 at this stage any other documents eg the D Dunsford email from Feb 2017 re: date Protection and Kadoe Breach or is this for later? Is it just a paragraphed defence with nothing else at this stage?

2. foi@dvla.gsi.gov.uk. Is this the correct address to complain to the DVLA?

3. How do I go about wording the retrieval of the £255 from the court or Mil?

4. Should I contact Mil referencing Champerty and Maintance and asking for the signed and dated Deed of Assignment between them and Llawnroc Parking and their permission from the DVLA that has allowed them to pursue my friend?

Thanks in advance.
Go to the top of the page
 
+Quote Post
3 Pages V   1 2 3 >  
Start new topic
Replies (1 - 19)
Advertisement
post Mon, 19 Mar 2018 - 11:41
Post #


Advertise here!









Go to the top of the page
 
Quote Post
nosferatu1001
post Mon, 19 Mar 2018 - 15:16
Post #2


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



1) No documents, just the draft order. This must include order for repayment. Was the noncompliant LBA responded to?
2) Why are you complaining to the DVLA right now? Not totally relevant to set aside. When was the judgement entered?
3) In your draft order, alpong lines of "order payment of set aide application costs of £255 within 14 days of the hearing, or in the event the C discontinues the court claim"
4) No, get the set aside done. LIttle chance MIL will turn up to the hearing. I dont belive you can add a counterclaim if the set aside is granted, but one for breach of DPA could be an idea.
Go to the top of the page
 
+Quote Post
Hexx
post Mon, 19 Mar 2018 - 23:36
Post #3


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks Nos for replying.


1. The non compliant LBA was not responded too. It came just before Xmas and then I went away to visit family for a few weeks and it fell of my radar.

2. I want to complain to the DVLA in anticipation of a DPA claim. Yes, not relevant to the set aside but in the background. I got this address for the DVLA from MSE @dvla.gsi.gov.uk Attention Mr Robert Toft Data Sharing Strategy and Compliance Team.
Deadline is Sat 17 March so Im going in person this thursday with the N244 and payment as the person I'm assisting is away.

3. Thanks for the wording. I'll elaborate on that.

4. Ok will focus on the set aside. Im taking the N244 and payment to Truro CC. Its the local court so its possible Mil may make a showing.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 20 Mar 2018 - 10:42
Post #4


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



1) that looks bad if it gets to a hearing. I wouldnt mention it in the set aside.
2) Check how recent that is, as there have been changes. DVLA will reply that they are investigating the relationship and how data was shared - you can find that out on one of th threads on thsi forum as well.

So judgement was entered 17th Feb? Make sure you have everything signed by the DEFENDANT already, you cannot sign, yorue not the defendant, and the D will need a Witness Statement signed under a Statement of Truth to support the Set aside application. You MUST MSUT MUST have a good reason for set aside - you never receivec the claim form, in the absence of other postal iossues, may not be that convincing.

When was the D made aware of the judgement? If its already been a month then they have NOT acted promptly, I would suggest. Expect to be challenged on this.

3) Dont elaborate too much. Have a look at orders - they are brief and concise. Too many words is a bad thing
4) Possible then.
Go to the top of the page
 
+Quote Post
Hexx
post Tue, 20 Mar 2018 - 22:33
Post #5


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks for the input Nos.

Here is a draft of the witness statement for any comments. Thanks

WITNESS STATEMENT


In Truro County Court

Case Number xxxxxxx

Mil Collections (Claimant) v xxxxxxxx (Defendant)


I am asking to have the above judgement set aside on the following grounds:

I never received the County Court Claim Form. I received a Judgement for Claimant (in default) letter stating that I had not replied to the claim form and that I was required to pay £215. Due to the vexatious nature of the claim by Mil Collections who purchased this 'debt' from Llawnroc Ltd under the ambit of Champerty and Maintanance even after they were instructed by the DVLA that no personal data was to be processed. On these grounds I had every intention of defending this claim. I have since received a letter from Mil Collections stating that even though the 28 days since the judgement was entered have not yet elapsed I am now required to pay £305.

I believe the facts stated in this witness statement are true


Signed


Dated
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 21 Mar 2018 - 08:09
Post #6


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



Your "due to"sentence doesnt complete at all well. Due to .... I would have...

Have you seen other ones?

You havent answered all questions.


Go to the top of the page
 
+Quote Post
Hexx
post Wed, 21 Mar 2018 - 09:42
Post #7


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks Nos,
I'll re-word that sentence.

The judgement was dated 23 Feb. For family reasons she didnt get in contact with me till early March. We discussed the options and she decided to go for the set aside. I was completing a building project so its only in the last 10 days that I've been able to focus on this for her.

I have seen some examples of orders. Yes brief and concise. That will be drafted today.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 21 Mar 2018 - 09:56
Post #8


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



Southpaw82 drafted a VERY good line on getting costs back for set aside - basically follows the case or within 3 months if the C fails to progress the claim.
Go to the top of the page
 
+Quote Post
Redivi
post Wed, 21 Mar 2018 - 10:27
Post #9


Member


Group: Members
Posts: 1,632
Joined: 31 Jan 2018
Member No.: 96,238



I would be more specific and state that the parking company's KADOE contract with the DVLA does not allow such debts to be sold
Neither have you received a notice of assignment from Lawnroc in accordance with The Law of Property Act 1926 S.136 that it sold the debt

The statutory criteria for a legal assignment have not been met and Mil has never had the right to take legal action in its own name unless Lawnroc was joined to the action

You should also include some reasons that you didn't owe a payment to Lawnroc and there was never any debt to be sold
Go to the top of the page
 
+Quote Post
Hexx
post Wed, 21 Mar 2018 - 13:08
Post #10


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks for the replies. I've adjusted the witness statement

WITNESS STATEMENT


In Truro County Court

Case Number xxxxxxx

Mil Collections (Claimant) v xxxxxxxx (Defendant)


I am asking to have the above judgement set aside on the following grounds:

I never received the County Court Claim Form. I received a Judgement for Claimant (in default) letter stating that I had not replied to the claim form and that I was required to pay £215. Mil Collections have purchased this 'debt' from parking company Llawnroc Parking Services Ltd under the ambit of Champerty and Maintanance even though they were instructed by the DVLA that no personal data was to be processed. Llawnroc Parking Services Ltd’s KADOE contract with the DVLA does not allow such debts to be sold and I have not received a notice of assignment from Llawnroc Parking Services Ltd in accordance with The Law of Property Act 1926 S.136 that it sold the debt.
On these grounds I had every intention of defending this claim. I have since received a letter from Mil Collections stating that even though the 28 days since the judgement was entered have not yet elapsed the payment has increased from £215 to £305.

I believe the facts stated in this witness statement are true


Signed


Dated
Go to the top of the page
 
+Quote Post
Redivi
post Wed, 21 Mar 2018 - 13:30
Post #11


Member


Group: Members
Posts: 1,632
Joined: 31 Jan 2018
Member No.: 96,238



You have to say why those points mean that you don't owe the payment

The point about Champerty and Maintenance is that a bare right of action cannot be assigned and the contract between Lawnroc and Mil is void as against public policy

The point about the KADOE contract is that the assignment is in any case unlawful.
You've put the comment about the DVLA in the wrong place
Mil was warned that its purchases were in breach of the PPC contracts with the DVLA and the sale was in breach of the DPA
Nothing to do with Champerty

The point about not receiving the notice of assignment is that Mil purchased an equitable assignment not a legal assignment
It can't therefore issue a claim unless Lawnroc is joined to it

This is an area of law that doesn't often turn up in the Small Claims Court and judges won't be familiar with it
You must therefore also explain why Lawnroc was never entitled to a payment and had no debt to assign
Go to the top of the page
 
+Quote Post
Hexx
post Wed, 21 Mar 2018 - 17:01
Post #12


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks redivi. Heres the latest draft

WITNESS STATEMENT


In Truro County Court

Case Number xxxxxxx

Mil Collections (Claimant) v xxxxxxxx (Defendant)


I am asking to have the above judgement set aside on the following grounds:

I never received the County Court Claim Form. I received a Judgement for Claimant (in default) letter stating that I had not replied to the claim form and that I was required to pay £215.
Mil Collections Ltd have purchased this 'debt' from parking company Llawnroc Parking Services Ltd under the ambit of Champerty and Maintanance. The bare right of action cannot be assigned and the contract between Llawnroc Parking Services Ltd and Mil Collections Ltd is void as it is against public policy. The statutory criteria for a legal assignment have not been met and Mil has never had the right to take legal action in its own name unless Lawnroc was joined to the action. I have not received a notice of assignment from Llawnroc Parking Services Ltd in accordance with The Law of Property Act 1926 S.136 that it sold the debt.
Llawnroc Parking Services Ltd’s KADOE contract with the DVLA does not allow such debts to be sold and. Mil Collections Ltd were instructed by the DVLA that no personal data was to be processed as the sale was in breach of the Data Protection Act 1998.
I have never received any evidence form Llawnroc Parking Services Ltd that a breach of the parking Terms and Conditions occurred nor have they provided any proof that they have adhered to the strict conditions of The Protection of Freedoms Act 2012 which allows the parking operator to pursue me for the outstanding charge as the registered keeper.
On these grounds I had every intention of defending this claim. I have since received a letter from Mil Collections stating that even though the 28 days since the judgement was entered have not yet elapsed the payment has increased from £215 to £305.

I believe the facts stated in this witness statement are true


Signed
Go to the top of the page
 
+Quote Post
Hexx
post Wed, 21 Mar 2018 - 23:06
Post #13


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Hi All. Does this work as Draft Order or should I add more?

In the Truro County Court

BETWEEN
Mil Collections Ltd
and
xxxxxxxxx

-------------------------------
DRAFT ORDER
-------------------------------

IT IS ORDERED THAT:

Upon reading the defendants application dated xxxxxxxx

It is ordered that

The claimant shall pay the Defendants costs of £255 within 3 months if the claimant fails to progress the claim.

Go to the top of the page
 
+Quote Post
southpaw82
post Wed, 21 Mar 2018 - 23:22
Post #14


Member


Group: Members
Posts: 28,422
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Hexx @ Wed, 21 Mar 2018 - 23:06) *
Hi All. Does this work as Draft Order or should I add more?

In the Truro County Court

BETWEEN
Mil Collections Ltd
and
xxxxxxxxx

-------------------------------
DRAFT ORDER
-------------------------------

IT IS ORDERED THAT:

Upon reading the defendants application dated xxxxxxxx

It is ordered that

The claimant shall pay the Defendants costs of £255 within 3 months if the claimant fails to progress the claim.

No.

QUOTE
IN THE COUNTY COURT AT TRURO

MIL COLLECTIONS LIMITED (Claimant)

And

[YOU] (Defendant)


District Judge [name]

UPON reading the Defendant's application dated [date] and the annexed witness statement of [name] dated [date]

IT IS ORDERED that:

1. The default judgment dated [date] be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Hexx
post Wed, 21 Mar 2018 - 23:40
Post #15


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Brilliant thanks Southpaw82. Nosferatu earlier had said you had an excellent Draft Order wording but I couldnt find it searching so youre right on cue. Thanks again.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].


How long should Mil be given to serve a copy of the claim form and when should we file the defence?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Thu, 22 Mar 2018 - 08:26
Post #16


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



14 days for both is usual, from what Ive seen.
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 22 Mar 2018 - 18:55
Post #17


Member


Group: Members
Posts: 28,422
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



Just leave them blank for a draft order. Courts prefer to specify a date, not a period of time.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Hexx
post Tue, 1 May 2018 - 08:32
Post #18


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



Thanks for everyone's assistance previously. Just an update on this one. Set aside application granted. Now awaiting court date. Interestingly the defendant has received a begging letter from DCBL for the payment of the CCJ. They have been instructed to pursue the defendant by MIL. I am going to send a letter to DCBL instructing them to stop and highlighting the situation. This letter is for the judges benefit. I hope DCBL continue to pursue the defendant as all this correspondence will be added to the court bundle.

This case is proceeding along similar lines to MIL Collections v George. D8QZ60RM Truro 10/04/2018. DDJ Rutherford. Should the case proceed as planned we will pursue them for £750 + the set aside fee for a DPA breach and 'Unreasonable conduct in litigation'

Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 1 May 2018 - 09:58
Post #19


Member


Group: Members
Posts: 17,144
Joined: 27 Nov 2007
Member No.: 15,642



Possibly crossed in the post?
What was the ACTUAl order the judge agreed to? It woul dbe good to know.
Are you counterclaiming, or will usbimit a new claim? For either it would depend on what was said in the order about he set aside fee.
Go to the top of the page
 
+Quote Post
Hexx
post Tue, 1 May 2018 - 12:56
Post #20


Member


Group: Members
Posts: 23
Joined: 19 Mar 2018
Member No.: 97,118



QUOTE (nosferatu1001 @ Tue, 1 May 2018 - 10:58) *
Possibly crossed in the post?


Hi Nos,
Thanks for replying. Notice of transfer of proceedings dated 26/3. The DCBL letter dated 24/4 so no crossing in the post.


QUOTE (nosferatu1001 @ Tue, 1 May 2018 - 10:58) *
What was the ACTUAl order the judge agreed to? It woul dbe good to know.
Are you counterclaiming, or will usbimit a new claim? For either it would depend on what was said in the order about he set aside fee.


This is the wording

To all parties,
This claim has been transferred to County Court of Truro for that court to deal with the defendants application for setting judgement aside.


I wrote in haste before leaving for work this morning and can see I wasn't clear. Its not been set aside yet. Assuming we go to court and get the set aside granted then if Mil want to continue then we go to court again to argue Champerty and Maintenance. We'll submit a new claim assuming all the other stages pan out positevely.
Go to the top of the page
 
+Quote Post

3 Pages V   1 2 3 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Wednesday, 15th August 2018 - 22:30
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.