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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    But they can whisper in your ear, and write you notes.
    You never know how far you can go until you go too far.
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    The_Deep wrote: »
    But they can whisper in your ear, and write you notes.

    Is that what they call a McKenzie friend?

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  • Umkomaas
    Umkomaas Posts: 43,773 Forumite
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    @OP - a Lay Representative can present the case for you. A McKenzie Friend is the ear whisperer and passer of papers. In both cases you must attend the hearing as well.

    Google both to understand their roles and differences.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Le_Kirk
    Le_Kirk Posts: 25,063 Forumite
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    claire07 wrote: »
    I will send off the defence in the next day or so and I presume the court will be Birmingham as that is the nearest.
    1. Don't miss your deadline.
    2. If you refer to the NEWBIE section post # 2, you find "what happens when" written by Bargepole, in which it is explained that after you submit your defence you will receive a Directions Questionnaire (DQ) and in this you can request your local court.
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
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    I don't think you have made enough of the difference between Excel and VCS.

    If you sent an SAR to VCS but had a reply from Excel, then you could say you never received a reply from VCS, thus putting you at a disadvantage and breaching pre-action protocol etcetera.

    If the scammers mention a reply from Excel, you say they are a different company according to Companies House and you don't know anything about them. You also mention your personal data being passed to a different company without your knowledge or permission.
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  • claire07
    claire07 Posts: 671 Forumite
    Part of the Furniture 500 Posts
    edited 5 June 2019 at 4:28AM
    Where would you suggest the best place in the defence to include the SAR request to VCS being replied to by an email from Excel? I could put it in after No.4 which mentions the original rejection from VCS being sent in an Excel email or would it be better as a separate point?

    My husband wants to come with me to court but as his health is not good and he can be volatile I feel it would stress me more and I would prefer to go on my own.
  • Coupon-mad
    Coupon-mad Posts: 155,665 Forumite
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    I would put it as a separate point.

    When you get VCS' evidence check the signage carefully, word for word, as often they get in a muddle and show signs with Excel on, and vice versa. Kills their cases.
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  • claire07
    claire07 Posts: 671 Forumite
    Part of the Furniture 500 Posts
    OK I'll put it as a separate point and will be sending the defence later today. I've printed off the emails from Excel giving responses from VCS and will make sure they're included when I do the witness statement and will double-check any evidence VCS send. Many thanks again for all the help.
  • claire07
    claire07 Posts: 671 Forumite
    Part of the Furniture 500 Posts
    edited 7 June 2019 at 10:22AM
    I've sent off the defence by pdf and email to the court as suggested in KeithP's post and had an acknowledgment they have received it.

    However in the Newbies section there is a post by Bargepole mentioning posting it with proof of posting rather than emailing. Would you recommend doing this as well or is it not necessary now they have acknowledged it.
  • Le_Kirk
    Le_Kirk Posts: 25,063 Forumite
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    Posting with proof of posting is OK for sending to the claimant, e-mail is correct for sending to the court or CCBCC. If you have acknowledgement of receipt, don't clog up the system by sending it by post.
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