Advice needed on Defence already submitted- going forward to contest VCS

gumgirl

OK, great, good to know.

VCS have not, I don’t think, yet paid the trial fee of £25, but other posters tell me they will most likely do this- I was hoping they might not and the case then struck off!

I have instructions sent with the Notice of Allocation to small claims track to submit WS no later than 14 days before court date due end Nov, so do they write to me again giving the go ahead once the fee has been given by VCS?

Thanks. Gina

KeithP

No they will not write again confirming the fee has been paid.

You must assume the fee will be paid and prepare for the hearing accordingly.

Le_Kirk

gumgirl wrote: »

OK, great, good to know.

VCS have not, I don’t think, yet paid the trial fee of £25, but other posters tell me they will most likely do this- I was hoping they might not and the case then struck off!

I have instructions sent with the Notice of Allocation to small claims track to submit WS no later than 14 days before court date due end Nov, so do they write to me again giving the go ahead once the fee has been given by VCS?

Thanks. Gina

It is best to proceed as if the fee will be paid and submit your WS and evidence. You don't want to be caught out if they pay at the last minute and you've submitted nothing.

gumgirl

ok, ta. Gina.

gumgirl

Yes, that makes sense. Though as they only have till end of Oct to pay the fee and I have till end of Nov to do the WS I will wait till end of Oct to see if they paid the fee. That still gives me a month to do the WS.

It sounds like I am hedging my bets but on the off chance they don’t want to take it any further, I can go on a special family holiday which I’ve had to bow out of, to have my day in court. I could not bare losing the chance to see if they can be defeated!

Gina

1505grandad

Your post #10:-

"I have a trial date for end of Nov and have submitted a defence, VCS apparently have till end of Oct to either pay a trial fee of £25 or file an application for help with fees, or I am told their claim will be struck off."



Please check the latest date for filing your WS etc as there seems to be conflicting info in your posts #22 and #26:-

"I have instructions sent with the Notice of Allocation to small claims track to submit WS no later than 14 days before court date due end Nov, so do they write to me again giving the go ahead once the fee has been given by VCS?"


"Though as they only have till end of Oct to pay the fee and I have till end of Nov to do the WS I will wait till end of Oct to see if they paid the fee."

gumgirl

Sorry if I have confused.

The documents say the claimant VCS has till end October to pay a trial fee of £25 or the claim will be struck off. The court hearing of the claim will be end November.

The info also says each party shall deliver to all parties and the court copies of all documents which is intended to be relied on at the hearing no later than 14 days before the hearing, which I assume is therefore by mid Nov latest. This includes written statements of evidence which I assume is the WS.

I don’t intend to leave the witness statement till mid Nov but will send it early Nov when I know the court fee is paid.

Does that sound ok? Thanks.

Gina.

KeithP

Yes, that sounds ok, but I wouldn't send the WS until almost the last moment... for two reasons...

• You should be hoping that the Claimant will serve their WS on you in time for you to rip it to shreds in your WS.
• You will not want to give them extra time to pull apart your WS when they file and serve theirs.

gumgirl

Ah yes, good thinking! I will test my WS out on the forum though. I am hoping they will withdraw and not pay the court fee, butI am told that is not likely, so I am not banking on that! Gina

Coupon-mad

You can read the template (yep they are all the same-ish) VCS WS, trashed and demolished on plenty of VCS threads.

Do your homework now - it is truly terrible for us when we keep seeing people flapping about it and trying to show us the usual VCS drivel in a panic, as if it is new, when

1. We don't need to see it, and

2. They had WEEKS to read here what it will say, be ready for it and pretty much be armed to demolish it in advance, by reading other threads.

Try searching this forum now for VCS WS demolished