VCS - I think this might be illegal

Lady_In_Distress

Hi all

From an old parking invoice in 2015, VCS issued a claim against me through the county court business centre dated 17th June.

As I read on this forum I did an acknowledgement of service.

I then filed a defence and this week received a Notice of Proposed Allocation to the Small Claims Track.

This is dated 25th July 2019, and it acknowledges that this is now a defended claim.

I am being asked to fill out a Directions Questionnaire and return by 12th August.

The questionnaire asks if I am willing to attend a free mediation. This post was originally going to ask peoples advice as to whether I should agree to mediation. My thoughts on this are to agree as it will show I am not unreasonable. However I do not agree I should pay the ridiculous parking invoice of £100 + £60.

Anyway that now isn't my main concern.

Today I have received a letter from VCS as copied below

Date: 23.07.2019

Post: 2nd Class Post

NOTICE OF RECOVERY

We write regarding an outstanding liability.

We have been awarded a County Court Judgment ["CCJ"] against you on 24 July 2019, for the amount of £185, under Claim Number F******. The sum is payable forthwith and therefore enforcement action will commence shortly.

If you do not pay in accordance with the order imposed against you, your goods may be removed and sold or other enforcement proceedings may be taken against you. Please pay the balance within 7 days from the date of this letter to prevent this matter from being passed on to our nominated recover partners. Direct Collection Bailiffs Limited or ELMS Legal Ltd, for the purpose of instructing a representative to attend your property.

Payments can be made over the phone by using a valid credit or debit card on the number identified bellow, It is the debtors' responsibility to ensure that payment is received within our office by the date specified above. If your circumstances change and you cannot pay, please contact our offices or alternatively contact the Court office to discuss what you can do. In the absence of any correspondence or payment this case will be passed on to our partners for the purpose of recovery. This will incur additional fees for which you will be liable.

N.B. Please note that any payment made after the expiry of this letter will need to be paid directly to the recovery agent. The debtor is liable for the additional fees incurred for the purpose of enforcement and such fees will be added to the Judgment debt

Yours sincerely




This letter is dated 23rd July 2019 and sent 2nd class!!!!! and claim the order was made 24th July.

They also state about having to pay within 7 days. I read on here you have 30 days in which to pay when you lose a court claim.

I have logged on to the mymoney.gov.uk and it is showing the claim is being defended and no CCJ has been issued. I'm sure it must be illegal to claim they have been awarded a County Court Judgement against me when in fact they haven't.


They haven't even spelt judgement correctly whether they will try and use this as a loop hole for trying to mislead me.

Can I have peoples views and advice on this please?

Many thanks

Lady in even more Distress

Quentin

Is the claim number in this letter you have received the same as the one you are defending (or another you have overlooked??)


(When a claimant asks for judgement they can ask for payment in any time frame (eg "immediately"/"in 7 days" etc) - the 30 days you ask about is the month that defendants are allowed to pay that will mean the CCJ can be removed from the record - but the claimant can ask it to be made earlier, and could (if they were inclined) commence enforcement proceedings immediately after the time ordered to pay has elapsed irrespective of the month in which to pay and have the ccj removed)


(Mediation is a waste of time, and not recommended here)

Giant_Hogweed

I for one am puzzled as to how they can date a letter 23rd of July claiming they have won a judgement on the 24th July ?
I smell a rat.

Umkomaas

They haven't even spelt judgement correctly whether they will try and use this as a loop hole for trying to mislead me.

They have spelled it correctly.

https://www.dictionary.com/e/judgement-vs-judgment/

BrownTrout

ELMS Legal Ltd debt recovery are a complete joke

Lady_In_Distress

The claim number quoted in their letter is exactly the same as the number on the claim from court.

One the money claim website there is no CCJ.

How can they say a CCJ had been made against me on 24th July when it's not shown online and I've just received papers from court dated 25th July stating the claim has been defended.

If you have a CCJ made against you wouldn't that show on the online claim and wouldn't court have to send you an order showing a CCJ has been made against you?

It just doesn't make sense to me.

waamo

A cynic might say it's a deliberate ploy to get you to pay up. Write to VCS and tell them you will be showing that to the court as evidence of their unreasonable behaviour.

Lady_In_Distress

waamo wrote: »

A cynic might say it's a deliberate ploy to get you to pay up. Write to VCS and tell them you will be showing that to the court as evidence of their unreasonable behaviour.

I'd say it's more than unreasonable behaviour, surely there must be something that can be done about them falsely claiming a CCJ has been made in order to scam me into paying them.

I will definitely be bringing this to the courts attention.

cathodegirl

Isn't that fraud?

Redx

its more likely to be incompetence at their end, copying and pasting the wrong template , mixing up cases etc , pay peanuts , you get monkeys

probably an admin error, but good evidence for a defendant to try to claim more costs for unreasonableness and angst and incompetence from a professional firm

waamo

Also report it to Trading Standards. Depending on your area you may have to go via the Citizens Advice Bureau