VCS Letter Before Claim Clarification Request

Coupon-mad

There is no Skipton judgment to append, just the Southampton one.  Looks good to me!

LordHorrendous

Quick update:  Defence was submitted and acknowledged, DQ received by me and being returned today (filled in as per FAQ thread guidance). 
I have also received a rather cheeky letter from VCS stating:
"Pursuant to the Civil Procedure Rules, insofar as litigants are epected to try and resolve their disputes wherever possible, we are willing to accept a reduced settlement charge of £125 payable within 14 days ... this offer is made on a "without prejudice" save as to costs basis.
Should you fail to accept our offer of settlement then we will continue with our claim for the full amount claimed and bring this letter to the Courts' attention upon the question of costs."

Obviously a shameless attempt to strong-arm me into paying.  I've drafted a reply in which I point out the multiple letters of mine that they haven't responded to (including their own reply forms and the letter asking them to explain their inflated charges).  I point out how they have failed to follow Civil Procedure Rules, and refer again to the Parking Eye v. Beavis judgement as the £125 is still an inflated charge.  I don't expect a response, but is it worth sending anyway?

Umkomaas

I don't expect a response, but is it worth sending anyway?

Keep the paper trail going. All useful for placing before the eyes of a Judge. It will do you no harm, and shows you are still participating in trying to settle the claim ('settle' = £0.00!). 

nosferatu1001

Yes, because then you have YOUR offer to settle - drop hands - recorded as well. 

LordHorrendous

Thanks both.  The letter is quite long, so I won't copy it here, but I sign off with the following:
"In light of all of the above, I once again give you the option to immediately discontinue all of your claim and bear your own costs.  In turn, I will not claim costs against you. 

If, despite knowing that it is extremely likely that your claim will be struck out due to your Abuse of Process, you decide to continue with your Claim, I require that you provide me with all material requested in my previous correspondence, which is: (then goes on to list all the things they should have done by now but haven't)."

Is that good enough in terms of making clear my offer to settle?

beamerguy

Obviously a shameless attempt to strong-arm me into paying.  I've drafted a reply in which I point out the multiple letters of mine that they haven't responded to (including their own reply forms and the letter asking them to explain their inflated charges).  I point out how they have failed to follow Civil Procedure Rules, and refer again to the Parking Eye v. Beavis judgement as the £125 is still an inflated charge.  I don't expect a response, but is it worth sending anyway?

It's called COVID DESPERATION   .......   If they don't reply, you have your letter to show the judge on the day.  VCS already know that such unlawful claims will result in the claim being struck out for abuse of process and you can claim your costs.   Best for VCS to discontinue before it costs them a lot more

With regard to the VCS fantasy about the Supreme court, do point out to the judge, the Caernarfon case F2QZ4W28 where Judge Jones-Evans said about the Supreme court ....

 "It is nothing more than a poor attempt to go behind the decision of the Supreme court" 

LordHorrendous

beamerguy said:

With regard to the VCS fantasy about the Supreme court, do point out to the judge, the Caernarfon case F2QZ4W28 where Judge Jones-Evans said about the Supreme court ....

 "It is nothing more than a poor attempt to go behind the decision of the Supreme court" 

Thanks for the tip here.  I'll keep it in mind.

Umkomaas

LordHorrendous said:

Thanks both.  The letter is quite long, so I won't copy it here, but I sign off with the following:
"In light of all of the above, I once again give you the option to immediately discontinue all of your claim and bear your own costs.  In turn, I will not claim costs against you. 

If, despite knowing that it is extremely likely that your claim will be struck out due to your Abuse of Process, you decide to continue with your Claim, I require that you provide me with all material requested in my previous correspondence, which is: (then goes on to list all the things they should have done by now but haven't)."

Is that good enough in terms of making clear my offer to settle?

That final paragraph should be followed by the message that should the claim continue and you prevail, you will be seeking your full costs. 

Coupon-mad

And it should be time-bound.

LordHorrendous

Thank you both.  Notice of seeking full costs, and a request for reply within 14 days has been added.