Urgent help please VCS Claim form received

Redx

KeithP wrote: »

With a Claim Issue Date of 3rd September, and having done the AoS in a timely manner, you have until 4pm on Monday 8th October 2018 to file your Defence.

That's four weeks away. Plenty of time to hone the Defence to perfection.

which also gives you time to get the keeper to issue a SAR under the GDPR (as Umkomaas recommended) and get all their docs and pictures etc too, asap

Bellaandme

Thanks Bargepole...oh dear I've obviously misunderstood this whole defence business. If it was in my name I would have loved a good battle in court lol but the OH will be useless... I have to do all his admin etc...gulp _pale_

Feel really annoyed after all the hours research and i'm sorry to have wasted people's time but I think I might have to pay up to keep the peace

Thanks guys...i'm just going to head over to Pets at Home :rotfl:

KeithP

Have a look at this video first:

www.youtube.com/watch?v=n93eoaxhzpU

That should ease any apprehension.

You can attend with your OH, and do all the speaking if you wish.
But as Bargepole says, OH must attend too and may have to answer some direct questions from the Judge.

Umkomaas

If it was in my name I would have loved a good battle in court lol but the OH will be useless... I have to do all his admin etc...gulp

You can certainly act as his Lay Representative, which means he will probably have to do limited talking, you doing most of it, although he will still have to attend.

Check out LR as well as McKenzie Friend via Google to learn about the differences between each, should the Judge ask in which of the capacities you will be formally acting.

waamo

Don't be so hasty to give up. If he's adamant he won't attend (there is still plenty of time to think about it) then you can offer to settle right up to the point of walking in the court.

You may be surprised at how rubbish their case is. Remember the saying "marry in haste, repent at leisure". Caving in before you see their hand is doing just that.

You can even negotiate a lower settlement if you want. Until you walk into that hearing you are still in exactly the same position as now.

Bellaandme

Thanks everyone. I'll broach the subject and see how he feels about attending with me acting as his lay rep. I have a feeling he won't want to go to court partly because he would get seriously stressed about it and partly as he would have to take time off work which would probably cost more than what VCS are asking for. He's a contractor who works away a lot so it's tricky to meet dates which the court may set without losing a substantial amount of money. I'm guessing they won't be very flexible :wall:

Is there any way we could defend this on paper or do you have to have mitigating circumstances? I think I spotted another post which this was mentioned but can't remember who?

waamo

A recent poster had the case heard on paper and won. It's a risky strategy though.

Umkomaas

Is there any way we could defend this on paper or do you have to have mitigating circumstances? I think I spotted another post which this was mentioned but can't remember who?

Certainly this can be dealt with 'on the papers'. You just need to have all your (written) ducks in a row and be confident in your case. You have to give the court prior notification (there is a fixed timescale, someone will confirm how many days), but it comes much further down the line, so while you can plan for it now, you don't have to reveal your hand this early.

It's always a possibility that VCS will discontinue, especially if they see very well prepared paperwork, but this is likely to be nearer to any hearing date.

waamo

Here is the thread https://forums.moneysavingexpert.com/discussion/5860138/the-sums-dont-add-up-for-me-to-defend

Coupon-mad

You are not screwed just because you didn't keep the NTK.

To my knowledge, VCS have never issued a POFA-compliant NTK, ever. And they will have to show it in evidence anyway.

There is NO RISK here - so why would you pay the inflated sum now?

Your OH may as well defend (you can write it, he signs/dates it) and if when the hearing gets a couple of weeks away, once the WS and evidence have been exchanged (see NEWBIES thread) he can decide to give the local court notice that he wants them to hear it in his absence, based on the papers submitted. No hassle, they will.

If the papers are good, he has a chance, and what's the point of paying a silly 3 figure sum now, when even if he loses, it would be possibly LESS?! No CCJ, no effect on credit rating, and a high chance of winning.

What were the circumstances and type of car park, and what 'contravention'?

Which is your local court please? We can tell you if they are good, bad or ugly!