Small claim from vcs, aos done, what next?

Codinson

I submitted it and got a questionnaire which I filled in according to the info on the forum, what should I expect now? Will I actually have to go to.court with this? that would be really annoying, having to get a day off from work and actually risking a loss. If I do lose, will I have to pay court fees? Or, do they actually go to court most times?

Coupon-mad

what should I expect now?

See the section & link in 'KNOW WHAT HAPPENS WHEN' in the NEWBIES thread.

Will I actually have to go to.court with this?

Probably - to your local court.

that would be really annoying, having to get a day off from work and actually risking a loss.

Yep.

But the alternative is defending by 'papers only' (in your absence) and we DO NOT recommend it and two people who ignored that advice lost last week - and guess what, it costs them twice what they'd have paid even if they'd attended and lost in person (rare for that to happen).

What I mean is, by not attending they paid MORE than they saved in half a day's wages.

PEOPLE LOSE WHEN THEY DON'T TURN UP.

Resolve to take the day off and enjoy it afterwards, spend the time after the hearing celebrating & spending in the pub/at the shops, because you probably will win!

If I do lose, will I have to pay court fees?

Fifty quid on top of the PCN charge. That's the point, it's LESS than the claim...and (of those who stick around, prepare well and turn up) only 1% of people lose here.

Or, do they actually go to court most times?

No, they send Mr Wilkes with no Right of Audience (or someone like him) and you can get him kicked out by the Judge, if you prepare well, that's why I am saying stick around and read up on this! VCS themselves are unlikely to turn up unless it's at Sheffield.

Start by searching Wilkes VCS no ROA and read the result from last week.

Codinson

Cheers, thanks for the involvement.

Codinson

Hi, I really appreciate the help I her here and the time everyone puts in.to reply.
And... An update, I got a stash of papers in the mail with tons of pictures showing my car clearly parked in front of their signs. Also it looks like they put in some effort in the claim, the letter is much more extensive and complex than the initial claim which was sparse.
I don't really get why they sent me all their evidence now? Am I supposed to send my defence and evidence to them or to the court before the actual date? Or I just need to have it done and present it in court? I am going to court first week of September in Coventry.

Quentin

Read up on the process of a claim in the newbies FAQ thread

Post #2 there covers the procedure and what to do and when to do it.

Keep that post as your Bible till this reaches its conclusion

KeithP

You received a letter from the court where the hearing is due to take place which included something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

You surely read in post #2 of the NEWBIES thread:

Once allocated to your local court, PLEASE DO NOT NOTE THE HEARING DATE AND FAIL TO ACTUALLY READ THE LETTER!

You WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours, as bargepole says in the above link!). At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:
etc, etc,

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES includes:

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that.

Codinson

They sent the response pack(questionnaire) , the Notice of proposed allocation to the small claims track, Notice of transfer of proceedings. And finally the notice of trial date, and none of them mention anything like that. Obviously the Claimant sent it, but to a former address, not the one I am currently corresponding from, which both the Claimant and the court know I sent the questionnaire from. ( considering it was not sent to the current address, could it be invalidated?).
Anyway I hope the term is 14 days as I only have just over a month left to the court date
I am having a hard time trying to become literate enough in this legal area, enough to combat their 20+ page claim+evidence stash of papers. I looked through the cases and defences posted on here but I can't seam to find something that fits. Can I run by you some points they made in the claim so.i can actually have something real to say to.the judge? I am feeling very disappointed, I have enough happening in my life and I also have these people coming after me like dogs nipping at my feet.

KeithP

Read again the Notice from the Court with the Hearing Date.

Read both sides of it.

Codinson

It's only one side, it says the date time and location and some stuff about fees... That's it... I will try to send my defence 3 weeks before the date, that should be on the safe side shouldn't it? But as I was saying, the Claimant sent the defence to my former address, not the one I have been living at for the last six months, the one I used when I actually started replying, they can't prove I got it, I don't live there.... Any way I can use this?

KeithP

"The Claimant sent a Defence..."??

You wrote the Defence, not the Claimant.