Advice after receiving Final Demand

Umkomaas

austin2014 said:

Further update my WS bundle was delivered to court and posted to VCS. Haven't received any documents from VCS. They should of sent them to me on the 22nd May.

Give them a few more days, then, if still not received, send a complaint to the court asking that the case is struck out. 

austin2014

Hi Everyone. I am sending the email tonight as i still haven't received my WS bundle. I want to make the right references to the consumer right act as an example. This isn't my strong point. Could anyone point me in the right direction. I'm not asking anyone to do it for me, just a bit of advice would be brill.

Le_Kirk

Did you mean the Consumer Rights Act (CRA) 2015 section s71(2)?  If so, it is referred to in the standard defence written by Coupon-mad; use this  link https://www.dropbox.com/s/02dk9z3pe2kb72n/Template%20defence%202020%20without%20C.docx?dl=0
or just ask Auntie Google.
ETA: Also it is in your defence from November last year paragraph 28.

nosferatu1001

Quick query - was the date for your WS etc a:
1) Fixed date ie 22nd May 2020
or
2) A calculated date, ie 14 sdays prior to hearing...
If 2) then given in 1) the hearing was vacated and a new date set, there would be a new date for submission of the WS
Did you contact the court as they instructed you to do, in the second para of the Order?

austin2014

It was a direct letter from the courts (Fixed Date) confirming the court date and saying the WS bundle must be with court by the 22nd of May. A copy of the WS must be sent to the opposite party. Failure to do so ect ect. The letter is at home. The courts and VCS had mine before the 22nd. I am yet to receive the WS from VCS. And yes I contacted the court. The covering letter addressed the order, I also attached a draft order. Not only this, I emailed to state this has been delivered. I haven't received an email back from the courts as of yet.

nosferatu1001

If there was a fixed date then they are in breach of the order. Ask teh court to strike the claim out as the claimant has no evidence to prove their claim. 

austin2014

Brilliant. Thank you for advice. Yes fixed date. Will get this email sent.

austin2014

As previously mentioned. Email has been sent asking for this to be struck out of court.

nosferatu1001

What did you say in the email?
Did you reference the court order of x date, etc/ Just so the court knowx what youre referring to. 

austin2014

See below; 
Good Morning,

I would like to bring to your attention that I have not received any documents from Claimant (VCS).

I have attached My Notice of Allocation to the Small Claims Track (Hearing). 

I have also attached my receipt, in which i sent my WS bundle to VCS 1st class.

VCS are required to send me a copy of their Witness Statement and documentation no later than the 22nd May 2020.

VCS are required to send a copy of any written terms of the contract between parties.

VCS are also required to send me a copy of the agreement, in which the Claimant is authorized by the landowner to conduct parking operations on the land in question.

I am inviting the court to strike this claim out. This was a fixed date and feel this is a breach of the order.

I understand the courts are extremely busy. But any feedback would be greatly appreciated.

Thank you for your time.