VCS Letter Before Claim - EDIT - I WON!!

D_P_Dance

Fighting these cases is nit rocket science, judges are well arware of the nature of these so called breach of contract claims, but most solicitors are not, put in the hours, do the research and do it yourself.  Even peope unfamilia with the proper use of the apostrophecan do it  -  and do.

Umkomaas

Even peope unfamilia with the proper use of the apostrophecan do it  -  and do.

........ as well as those lacking keyboard dexterity!

Priceless. 😆

JACK24

Update from the court hearing - Set aside wasn't opposed :-) (thanks for all you're help so far), and the case has been referred to the small claims court with costs reserved. Date to be arranged. I have to forward my documents to the other party and vice versa(dates set/arranged for this)
Small claims court - is this normal procedure?? Any advice appreciated? 

nosferatu1001

Of course small claims is normal. Its for ALL claims under 10k that will take less than 3 days to sort. 
By "documents", what preciselydo you have to do, and in what order does it have to be done? 
Accuracy here is vital. What are your deadlines?

Coupon-mad

Nicely done, yes this is all normal.    That's your CCJ about to be wiped then, and the costs 'reserved' means you can ask the court for them later at the hearing, or if the C discontinues!

Please do state exactly what the court ordered.  Is the burden on you, or the Claimant, to move first?

JACK24

Thanks both(coupon mad & nosferatu1001) - I have to post my witness statement & exhibits(the ones I provided to the judge for today's hearing - copy of ticket, letters threatening legal action & increased costs, references to other cases) within 14 days. They have to reply with their defence within 7 days and the small claims court will be scheduled 7 days later. The judge mentioned the Beavis case today(that I had raised some legal issues including the Beavis case) 

Coupon-mad

Include a new 'supplementary WS with regard to the final hearing' which sets out your position against the PCN and the liability, signs, etc., and appends all the stuff that you want to rely on for the final hearing.  I assume this will be completely different from the WS you used to get the set aside, which was about the defective service and old address issues.

Make sure you also enclose a summary costs assessment, noting that some of your costs were 'reserved' at the CCJ set aside hearing and that you will ask the court to award them if the C now discontinues.

You need to tie up all those loose ends NOW so the court can see the steps taken.

nosferatu1001

Um, are you sure "defence" is what they have to provide? because they never file a defence, they file a claim and they are the claimant. YOu are the defendant and you file a defence . Do they instead have to provide something like a full particular of claim? Or their witness statement?
What do you mean - the hearing will be scheduled 7 days later? 

JACK24

No sorry not a defence.
Not sure if the case will be in court 7 days later or arranged approx 7 days later. 
nosferatu1001 said:

Um, are you sure "defence" is what they have to provide? 
What do you mean - the hearing will be scheduled 7 days later? 

JACK24

Coupon-mad said:

"Include a new 'supplementary WS with regard to the final hearing' which sets out your position against the PCN and the liability, signs, etc., and appends all the stuff that you want to rely on for the final hearing.  I assume this will be completely different from the WS you used to get the set aside, which was about the defective service and old address issues."

Durinmg the hearing the judge said 'something like' "I presume you'd like to use the same witness statement/exhibits for the forthcoming case?" To which I replied "yes" he also mentioned he may be the judge at the small claims court trial?
Do I still prepare a new WS as most/all details are already  included in it? I can post a copy on here that includes my references to other cases etc if it'll help?
How do I include a summary of costs? Is there a form that I'll receive? Do I include the £255 fees and that's it - can't think of any other fees at present?