VCS Letter Before Claim Clarification Request

LordHorrendous

I wouldn't play email tennis with the court.  As you have already submitted your WS I would use the above as a crib sheet for the hearing.  If you do it that way, make sure on the day of the hearing that you have the auto-receipt and 'sent item' to hand so that you can state (when VCS' rep lies that you didn't file & serve it in time) that you have the evidence that they DID receive it and given they used email, so did you and it is disingenuous to suggest that consumers have missed deadlines when that is patently untrue).

BTW, VCS have started to make a habit of that tactic (getting their Elms Legal reps to try that first) so definitely be ready to proof the email was sent and received..

Alternatively, you could head your submission above up as: SUPPLEMENTARY WITNESS STATEMENT OF DEFENDANT and sign and date it under a statement of truth again, and attach your proof of VCS receiving the WS and evidence, which during the pandemic is perfectly acceptable to all, including the courts...and VCS.  It's unreasonable to expect paper right now.

Typo here, if you decided to send it as a supplementary WS, and if you do, you must also send it to VCS (by email is fine, and again, keep proof!)

innacurate 

Thanks for the advice, @Coupon-mad.  I think in this case I will send a witness statement, because the last session was adjourned because I hadn't submitted evidence to both parties.  I take your point though - I won't be sending lots of follow ups or anything like that.   

LordHorrendous

The hearing was adjourned for a second time.  
There was a new judge, who didn't have all the previous stuff we'd submitted, and VCS hadn't sent documents to their representative.  We spent an hour trying to explain everything and then the judge went for adjournment.
We argued for dismissal but no luck.  We did ask about costs.

So now I have to send a fresh evidence pack this week.  The judge was very critical of VCS and said he strongly recommended a Tomlin order to resolve the case.  I thought maybe I'd offer them the cost of the parking session as a goodwill gesture, on the condition the claim is dropped.

I'm exhausted by all this now, and particularly aggrieved that none of this messing around is my fault.  I'm also very worried because the judge mentioned the Claimant's costs.  I think he was warning them rather than us, but now I'm scared I'm going to end up liable for their costs.  Is that possible?
 

nosferatu1001

Not a hope 
you know this, because SCT only alllows proper costs if one side behaves unreasonable 

adjournment is ridiculous. Totally out of proportion to the claim. Did you not even get costs reserved till next hearing? 

Offer them nothing but drop hands atMOST. Why pay them any thing ?

LordHorrendous

nosferatu1001 said:

Not a hope 
you know this, because SCT only alllows proper costs if one side behaves unreasonable 

adjournment is ridiculous. Totally out of proportion to the claim. Did you not even get costs reserved till next hearing? 

Offer them nothing but drop hands atMOST. Why pay them any thing ?

Thank you for the reassurance.  I agree, it feels crazy that we're going for a third hearing.  The judge himself said it was out of proportion, although he still didn't dismiss.  Costs have been reserved.

I think I just had the idea that I should offer something.  I'm reading up on Tomlin now, hoping to write it tomorrow.  I'll keep you all up to date.

LordHorrendous

Currently writing the offer of settlement.  I haven't been able to find any templates or pro-formas on the forum or Google. I've tried all the search phrases I can think of. 

Anyway, I have a specific question:  can I say in the letter that I reserve the right to make the court aware if the Claimant chooses not to reply to my offer of settlement?

Uptown_Boy

As long as you don't head your offer Without Prejudice then you're free to show it to the court.

D_P_Dance

  I thought maybe I'd offer them the cost of the parking session as a goodwill gesture, on the condition the claim is dropped.

Why are you showing any goodwill towards this company, they have wasted a considerable amount of your time.  You should be creating as much mischief/inconvenience as possible for them imo.  Read this 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

nosferatu1001

Just a couple lines. Drop hands offer. But only if you're happy to accept two wasted days!