VCS - County Court Claim

Redx

Check with the Land Registry

KeithP

lloydie.t wrote: »

Letter fron Council.
Uncoloured areas (of which this is) are not publicly maintained and we hold no records of private ownership.

They have not confirmed either way if relevant land.
I am to assume it is relevant land?

I think you can translate their statement into:

The area you are asking about does not belong to the council. We do not know who the private owner might be.

Which in turn means that the land is 'relevant land' as defined in POFA.

lloydie.t

If you have been following this thread,

Money claim ruled against us because I posted the defence 3 minutes late.

I complained, but in the meantime paid VCS via their solicitor (they did try to add £100 on) to avoid lengthy CCJ.

Three weeks later Money claim reversed the decision and proceeded to small claims court.
VCS was late submitting their claim details to small claims court, but were allowed to submit a week late.

VCS also refused mediation (even though already having been paid).
The court made a request from VCS for further information about the claim.



Today I have received a Notice of discontinuance. I am assuming they have realised they are onto a loser judging by the request from the judge for further information re. POFA and NTK being sent late or they cannot make the deadline of Monday to supply the information before the case is struck out.

I am assuming this Notice will be received by the court on Monday.

But I want my money back.

What are my options?

Should I go back to moneyclaim so that they can advise VCS to refund?

Coupon-mad

Send VCS a Letter before Claim for:

(a) the amount you paid them with no admission of liability, purely to place a marker by a certain time to avoid a CCJ, when MCOL first made their erroneous decision

and

(b) your wasted costs and time at £19 per hour Litigant in Person rate, which you will take as part of your claim, to the county court at (your local court) if VCS fail to pay, given their conduct was wholly unreasonable, because they:

(i) tried to make you pay £100 too much
(ii) added £60 to the claim that was always unrecoverable due to the Beavis case, the POFA and the Consumer Rights Act 2015
(iii) used signs that breached the CRA 2015
(iv) filed & served their Witness Statement very late, despite using a solicitor so there can be no relief from sanctions, and
(v) discontinued the baseless claim very late indeed, having caused you significant expense, inconvenience and loss of family time and you had booked a day off work.

Attach the receipt that you paid to the solicitor, and a costs schedule.

Give them 30 days to pay and mention the pre-action protocol for debt claims by copying their own/solicitors' words from their LBC!

Add in £50 in court fees in your schedule and mark that as applicable if the case proceeds to court, which you will do without further notice in January.