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VCS Court claim without LBC

2

Comments

  • TM74
    TM74 Posts: 125 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hi Just thought id join this thread because its similar to mine that ive received through the post from VCS and mine is from 2015 and is now at the Northampton CC stage.
    Im in the process of returning my Acknowledgement of service reply the date was 27th June on the letter so I guess Ive got till Thursday to get that sent.
    I too will be following this for my defence.
    They (VCS) claim a contract was formed because a registration number matching one of my previous cars that I was a keeper of was stopped at a bus stop, yet there was no bus stop but just a layby, also no consideration was taken by the company over a possible minor breakdown that may have occurred.

    Im on-board now.
    Read the newbies sticky but will re-read it again bvz ive digested so much that ive forgot half of it.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 July 2019 at 11:06PM
    taximark wrote: »
    Hi Just thought id join this thread...
    taximark, that's fine. It is certainly a good idea to read similar threads, and there are many VCS threads at the moment.

    But if you want any guidance on how to progress your case I urge you to start a new thread.

    Trying to progress the issues of two different people in a single thread can only lead to confusion.

    Thanks for your understanding.


    Edited to add:
    Is this a continuation of the saga started in this thread four years ago?...
    If so, rather than starting a new thread, please PM a Board Guide to get that thread unlocked and continue on that thread.
  • TM74
    TM74 Posts: 125 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Will do Keith.
    Any Idea how long I have to get the AoS back (letter dated 27th June)
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 July 2019 at 11:10PM
    You have at least a week, but please see my edit to my earlier post.
  • TM74
    TM74 Posts: 125 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Indeed it is Keith.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    An LBC is mandatory. I suspect they will claim they sent one that you ignored.
  • mjg79
    mjg79 Posts: 28 Forumite
    To Taximark I did the AOS online and found it quite easy if you just follow the steps in the dropbox shown on the newbies thread, it didn't take long. I used google chrome as my browser (just mentioning that as some government websites don't work well with certain browsers.)

    To waamo that's interesting, thanks. I'll have to read up a little more on the issue. As it happens I am meticulous with record keeping and have saved every nonsensical letter VCS and bwlegal ever sent me so I'll research further. It does seem, regardless of the letter of the law, unreasonable to wait 4 years and then throw this at someone; had I been away longer for work I would have missed the deadline and they must occasionally catch people who have gone on long holidays.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Here is the case law https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKSC/2018/12.html&query=(Wright)+AND+(Hassal)

    If you read the judges comments they state pre action protocols must be adhered to, which means sending an LBC.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    But not every judge cares, and you cant make them care. Its also not a defence to the underlying claim.

    If this is an airport, then are there any byelaws in operation ON the material land?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    But not every judge cares, and you cant make them care. Its also not a defence to the underlying claim.

    If this is an airport, then are there any byelaws in operation ON the material land?

    Indeed. As I said before they will claim they sent one anyway.
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