HELP - Court letter Received from VCS - Advice needed

D_P_Dance

Nsmila07 said:

Hello All,
I received an email today from the court to say that the hearing is vacated, does this mean I will receive another date shortly?
What happens now?
Many thanks

Have you googled it?  Almost everything you need to know is on the internet.

Le_Kirk

If the e-mail genuinely is from the court, it could be that the claimant has discontinued but, as said, check with the court.  Did the e-mail only state the hearing has been vacated with no other information as to why it was vacated?  Have you perhaps received a notice of discontinuance from the claimant?  Check your spam box in your email.

Nsmila07

Hello All, I hope everyone is safe & well
I have received a letter from the court today - General Form of Judgement or Order
It says the parties are to consider whether they can reach an agreement on some or all of the matters in issue between them. It says, if we can they should agree the terms of an order and submit a copy signed by all parties for the courts approval within 14 days of the service of this order.
If the parties are not able to agree, they are to consider whether matters which remain in issue between them can be determined on paper. if they agree they can, they are to write to the court confirming that agreement enclosing copies of any written submissions they wish to rely upon within 21 days. The court will then determine the matters in issue on paper unless it considers that is not possible contrary to the overriding objective to do so.
Secondly, they are to consider whether the matters which remain in issue can be determined by telephone
Thirdly whether it can be dealt with by video link 

Do I need to make the 1st move or wait for VCS to contact me?

D_P_Dance

Tell them no paper, no telephone, insist on a face to face hearing, even if it is after the Olympics.  Of course you make the first move.  

Nsmila07

Ok, so shall I email the courts and include VCS? I cant leave my house to post anything

beamerguy

The courts are going to get themselves in a hell of a mess doing this
HEARD ON PAPERS
You run the risk of a skim read by the judge and also a judge who is not up to speed with abuse of process

BY TELEPHONE
The above applies as well

BY VIDEO
You are not the BBC or ITV who use pro equipment. The court might have pro cameras but probably you don't and will be stuck with Zoom or Skype.  Zoom by the way have problems regarding security at present
Whatever you use, you must be able to see all parties as would the judge and you risk bad connections such as dropping, poor quality and words being missed etc etc


Only two options for you to get proper justice and that is the case is deferred until such times as you can get a face to face hearing or you and VCS agree on an outcome.
The only outcome would be a "drop hands" offer to VCS being that they discontinue the case and bear their own costs and you will drop abuse of process and not claim costs from them.

With all the other issues you have listed, VCS will know that with abuse of process, they will lose anyway and it will cost them a lot of money

Redx

Several posts recently with similar letters , plenty of advice in those on what to do and why , please read them , don't just stick to your own thread as if you are the only one with a court case

Nsmila07

Hello,
I have found one post, all Im asking is what I should say to the court as I will need to explain why i want a face to face hearing.
Many thanks

Redx

Nosferatu and others already gave chapter and verse on this topic in other threads

D_P_Dance

...  what I should say to the court as I will need to explain why i want a face to face hearing.

Why do you need to say anything?