Court Report: Excel spanked at Skipton

Coupon-mad

Well done lamilad, a fantastic result, especially the contempt of court.

How dare they falsify evidence? I thought last time I saw a VRN list from Excel or VCS, that it looked like an insecure random list that could be easily faked or altered. I said that to the person who had received it in a case on pepipoo, but we couldn't prove it.

nosferatu1001

I just dont understand, still, why they WOULD tamper
They were presumably trying to claim the machines werent faulty, so MORE transactions would help, not fewer?

Lamilad

just dont understand, still, why they WOULD tamper

The Judge couldn't understand it either. As she was questioning Ms P I just want to shout "It's obvious they've falsified them". It took SR a while to reach the same conclusion. I think it was just sheer disbelief that a profesionally represented, serial litigant would do something so blantant and stupid.

nosferatu1001

I could understand them tampering IF there was some benefit to it - hiding the Ds record for example - but to hang their case on their machines being accurate and operational, but then making it look like they werent, is just bizarre. Even for this lot!

The_Slithy_Tove

VCS/Excel seem to be doing a good job in seriously p-ing off DJs. Remember VCS v Ibbotson and the "toothbrush" moment? Reading this account, I don't think we were too far away from a repeat.

Lamilad

** UPDATE **


[FONT=&quot]Should have known BWL were never going to make this easy.[/FONT]

[FONT=&quot]Timeline of recent events:[/FONT]

[FONT=&quot]18/7 - 7/8: Submissions were sent by both parties regarding the reserved costs (£120); still awaiting outcome on this.[/FONT]

[FONT=&quot]7/8: Deadline for Excel to pay the Ds costs (£869.40). No payment received.[/FONT]

[FONT=&quot]7/8: Deadline for Excel to appeal.[/FONT]

[FONT=&quot]8/7: D rang Skipton court to ask whether Excel had appealed. She was told they had not.[/FONT]

[FONT=&quot]9/8: D emailed BWL to remind them that payment was overdue and the matter would be passed to DCBL to be 'transferred up' for High Court Enforcement (HCE) if not received within 7 days[/FONT]

[FONT=&quot]14/8: Email received from BWL asking the D to answer security questions so they can reply to her previous email. D responds accordingly.[/FONT]

[FONT=&quot] Another email from BWL with attachment saying they have appealed ( https://www.dropbox.com/s/gspeqg2dbbb2w9c/BWL%20Notice%20of%20appeal.%20E1DP2061%20redacted.png?dl=0 ). Attachment says they appealed on 2nd August. D rings court and is told the appeal was received after the deadline and, in any event, was not accompanied by the required fee. It will be passed to a Judge for consideration.[/FONT]

[FONT=&quot]My thoughts thus far:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]The application cannot possibly succeed because:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]a. - [/FONT][FONT=&quot]It's received out of time and without the relevant fee.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]b. [/FONT][FONT=&quot]- The Cs position as a professionally represented serial litigant who knows the relevant rules and procedures must be taken into account, and as such they should be held to a high standard of compliance[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]c. [/FONT][FONT=&quot]- No leave to appeal was requested or granted at the hearing.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]d. - [/FONT][FONT=&quot]There can be no valid grounds for an appeal given the basis on which their claim failed.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]e. - [/FONT][FONT=&quot]The D, based on the above, would be severely prejudiced if the application was granted[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Part of me wonders if this is just petulance from BWL in order to cause inconvenience and delay.[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]I think the D should send an email to the court stating all the reasons why they believe the app should not be granted (although the court may issue directions to this end, anyway).[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]One of my main considerations is:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot] Should the D continue as planned with HCE?[/FONT]

[FONT=&quot]I believe they should. AIUI, the debt can be enforced up until the point a stay of execution or set aside is granted.[/FONT]

Coupon-mad

I would press ahead with High Court Enforcement.

Redx

if you are using an APPLE device, turn off smart punctuation , as its ruining your otherwise excellent posts

Lamilad

if you are using an APPLE device, turn off smart punctuation , as its ruining your otherwise excellent posts

Yes, that's very anoying. I'm aware of the iphone glitch but I'm using my windows laptop so not sure why it's happening. Think I've managed to remove it all now.

onlyfoolsandparking

Well done Lamilad, you are a genius, it also makes me feel a lot better dealing with my PCN, its with Excel too lol at the dreaded Peel centre I,m at debt begger stage, wonder if they,ll bother me with court claim knowing how abysmal they are at it.