Claim Form - VCS

beamerguy

WELL DONE :beer: VCS SPANKED AGAIN

The judge was wrong about costs as they range from £95 to £1500, but sometimes less which is annoying

Nevertheless, you won and VCS lost again ...... it will have cost them which is their own fault for bringing rubbish claims to court

Coupon-mad

The Judge said they don't usually give costs for litigant in person for small claims, then was just about to allow the day's wages and the woman from VCS perked up to say it didn't apply to paid holiday.

was she right in saying this?

She was wrong and you should wing a quick letter to the named Judge objecting to the misdirection about costs by the Claimant's legally qualified rep, who knowingly or negligently lied to the Judge about costs:

''...a sum not exceeding the amount specified in Practice Direction 45 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purpose of attending a hearing...''

IMHO, if you don't ask, you don't get, and even if your Judge thinks you are too late to challenge that in your case, it might save someone else suffering that lie again at that court, as the Judge will learn and remember this next time.

For the cost of a stamp, to put VCS on the naughty step with that Judge if nothing else, I would do that on Monday 1st class.

Well done! :T

Fluffernutter

Thanks

I've drafted a letter for the loss of leave and directed them to Practice Direction 45 and 27 (27 seems more relevant to my case).

"Dear Madam
May I start by thanking you for your time on Friday afternoon in hearing the case brought against me by Vehicle Control Services Ltd.

Following your decision to rule in my favour, the Claimant stated that I was not eligible for costs associated with taking a day of annual leave as this was paid holiday, not unpaid holiday.

Since the hearing I have done further research and found that the costs do apply to “any loss of earnings or leave” as stated in Practice Direction Part 45 and Part 27.

I’m aware the chance to challenge this may have passed, but I feel your attention should be brought to this misdirection about costs (whether knowingly or negligently) on the part of the Claimant’s legally qualified representative.

After having this claim take over a large part of my life for the past 12 months, if there is any chance I can challenge this now and reclaim some of my costs for lost leave I would be very grateful.

Yours faithfully"

Is it worth challenging the time for litigant in person? From what I've read on here it's very hit and miss, and the only guidance I can find is the Practice Directions 27.14 which relates to the claimant acting unreasonably. Obviously I see their whole operation as unreasonable but how can I back this up without sounding like I'm arguing with the Judge's decision?

Coupon-mad

Following your decision to rule in my favour, the Claimant's legal representative misled you by intervening and stating that I was not eligible for costs associated with taking a day of annual leave as this was paid holiday, not unpaid holiday. I now discover, as an untrained Litigant in Person who had no idea and could not argue at the time, that this is wrong. It is understood that a representative acting under the directions of a solicitor - as any 'legal rep' must be when the Claimant is absent - has a first duty to the Court, not their client. It seems to me that the rep misinformed you for whatever reason, to try to save their client costs to which I was always entitled.

...

After having this claim take over a large part of my life for the past 12 months, if there is any chance I can challenge this now and reclaim some of my costs for lost leave I would be very grateful. I did file and serve my costs schedule well in advance of the hearing, so the Claimant had ample time to consider them. If the rep did not know the CPRs then, as a legally qualified person, I feel they had no cause to speak having lost the case, and have actively mislead the court, this being a sanctionable abuse of process that I wanted to bring to your attention.

Even if it is too late to add my rightfully claimed costs back into your Judgment or Order, at least this might help other future Defendants faced with the same rep.



Try the above changes to home in on the issues. I would not query her decision about unreasonableness costs as that is a VERY high bar and very rare to get. You want her on your side!

Fluffernutter

Much appreciated Coupon-mad!

I'll choose my fights and stick with the lost leave, I'll let you know if anything comes of it

Thanks

Fluffernutter

Quick update!

I've not had any response back from the Judge, but I did receive the court letter stating that the Judge had ruled in favour of the Claimant and that I, the Defendant needed to pay costs of £10 by the 8th November :laugh:

I obviously phoned them straight away and they said it was an admin error, then sent an amended version a few days later.

I'd put this all to the back of my mind until I got a cheque at the weekend from VCS dated the 15th November - a week after the deadline of the 8th.

Do I complain / take it further or do I just cash it and call it a day? I know it's only £10 but if it were the other way around I'd have been bent over a barrel! Just wondering what the options are and if it's worth my time and effort...

*edit* If my only option is making a claim for the interest then I'll let them keep the extra few pence!

nosferatu1001

What complaint are you making? What outcome do you think will occur?

Coupon-mad

They were advised to complain that the Judge erred and allowed herself to be misled by the Claimant's rep, and disallowed loss of leave, contrary to the CPRs and causing the unsuccessful Claimant to escape costs they should have paid.

Fluffernutter

nosferatu1001 wrote: »

What complaint are you making? What outcome do you think will occur?

Not sure to be honest. I think if I'm already querying the costs with the court, and they see that VCS missed their deadline for payment it may sway them.

Or maybe I'm being a bit too optimistic and should quit while I'm ahead!