Free Traffic Legal Advice

Thank you I will send it straight away.

I just had an interesting phone call with CNBC. Initially, they said they didn't have the PoC, but upon standing my ground, they sent it, so thank you for telling me not to get off the phone until it's emailed to me. I really appreciate it. They also said they don't have any proof of posting because they don't use recorded delivery and advised that I send the set aside to their applications email address.

Here’s the link for the PoC

https://imgur.com/a/kZTUHFf

Link above but here it is, thank you
https://imgur.com/a/kZTUHFf

Thank you - all sent off, just need to call CNBC to make payment for the fees. Thank you for all your help really appreciate it. I will come back with an update when I get a response.

There has been a very recent High Court appeal case that will have ramifications for the claimant and their legal representative. To understand better, you may want to read this thread:

Why the recent High Court appellate case of Mazur is very relevant to all cases we deal with here

Based on the SAR you have received, can you identify every person that has signed any document you received after the date of the initial claim? If so, does that document also make clear their position within the company (solicitor, paralegal, assistant etc.)?

If you are not sure, you need to send a warning shot across the bows of DCB Legal that you believe that persons unauthorised to conduct litigation have being doing so in your case and you require verification of every person that has signed any document is permitted to do so under the Legal Services Act 2007.

Conducting litigation when not authorised is a criminal offence and must be reported to the SRA. I will hazard a guess that the original PoC were signed by Sarah Ensall who is NOT authorised to conduct litigation. When you obtained the details of the PoC, did they tell you the name of the person who signed them?

Send the following by email to info@dcblegal.co.uk and CC yourself:

Subject: Claim [Court ref] — Request for copy N1 and confirmation of signatory’s authorisation

Dear Sirs,

I am the Defendant (litigant in person). Following notice of a CCJ in default, I received the Particulars of Claim from the Civil National Business Centre by email on [date], but I have never been provided with the N1 (claim form) for this matter.

Please provide, within 7 days:

1. A copy of the N1 claim form, including the statement of truth and signature block.
2. The name, role, and authorisation basis of the individual who signed/verified the N1 and/or Particulars of Claim, together with confirmation that they were authorised to conduct litigation for the purposes of the Legal Services Act 2007 at the time. If you say they were authorised, please identify the statutory/regulatory basis (e.g. practising certificate/authorisation number).
3. If the N1/PoC were signed by Ms Sarah Ensall, please confirm whether she is an authorised person with a right to conduct litigation. Conduct of litigation is a reserved legal activity under the LSA 2007. Recent binding High Court authority confirms that unauthorised individuals may not conduct litigation, even under supervision.

If you cannot provide satisfactory evidence that the claim was issued and verified by an authorised person, I will place this correspondence before the court at the set-aside hearing, invite the court to disallow any fixed costs included in the default judgment, and seek my own application costs. I also reserve the right to report this to the SRA as a potential breach of the LSA 2007 and the SRA Principles.

Please confirm receipt and provide the requested material within 7 days.

Without prejudice to my primary position, given that my N244 has already been filed and no fee has yet been requested by the CNBC, please confirm by return that you consent to the set-aside of the default judgment at your client’s cost and will (i) file/agree a consent order for the judgment to be set aside on the papers, (ii) ask the court to process the order without requiring my fee, or, if the court nevertheless requests payment, (iii) reimburse me in full immediately on proof of payment. Please also confirm that enforcement is stayed pending disposal of the set-aside.

If you decline to proceed by consent on the above basis, I will place this letter before the court on costs. Your refusal to agree a cheaper, quicker route will be relied on when I invite the court to make an adverse costs order.

Yours faithfully,

[Full name]
[Postal address]
[Email]

Have you paid for the N244 application already? If so, then you need to change that paragraph to:

Without prejudice to my primary position, given that my N244 has already been filed and the court fee has been paid, please confirm by return that you consent to the set-aside of the default judgment at your client’s cost and will (i) file/agree a consent order for the judgment to be set aside on the papers, (ii) request that the court deals with the order without a hearing, and (iii) reimburse my N244 fee in full upon confirmation of the order. Please also confirm that enforcement is stayed pending disposal of the set-aside.

Hi all,
Happy New Year. I have today received the hearing date for the set‑aside application, which is scheduled to take place in March. I did not receive any response from DCB Legal to the letter I sent requesting confirmation of signatory authorisation.
My question is: what evidence will I need to present to the court at the hearing? Many Thanks.