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VCS county court stage - witness statement review please

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Pretty ure theyve discontinued before. . But its not something we could give you a probability on. 
    Have you filed with the court and served on the claimant exactly as any order tells you? 
  • Lt20
    Lt20 Posts: 33 Forumite
    10 Posts
    I haven’t received any order. I rang the court Friday After receiving the W/s from the claimant. Prior to this I hadn’t had anything since January. The court confirmed it could be sent by email and also today gave me the email address for vcs when I rang them. I am also sending to the claimant by First class post. 
    I have sent my w/s and exhibits and costs in one paginated pdf. The court confirmed they could open this and it was acceptable.
  • Lt20
    Lt20 Posts: 33 Forumite
    10 Posts
    The email With docs has gone by email to the court and two vcs email addresses. 
  • Coupon-mad
    Coupon-mad Posts: 155,248 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You must have had an order setting the hearing date, otherwise how come you are at WS exchange stage?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Or the order wasnt received 

    OP - this is whats meant by being proactive
    You knew the next 2 steps were - letter from CCBC allocating to your local court; and letter form local court setting a hearing date. Yet in 5 months you didnt wonder what had happened. 
    While it may seem odd, making sure you get what you expect at the right time is your job, because if youd been unlucky the first you could have known was a judgement against you landing on your mat 
  • Lt20
    Lt20 Posts: 33 Forumite
    10 Posts
    Yes I accept that to a certain extent. I was proactive in that I submitted a sars received the info and recognised what I could use. Covid took over I’m a key worker so have been busy and tbh it slipped my mind for a few weeks. A lots been going on. I just thought things were on hold as a lot of things were because of lockdown. I’ve not had anything to say it was going to Derby court from CCBC and I’ve had nothing from Derby court. I only knew about the listing last Thursday when I got the W/s from VCS (which took over 3 weeks to arrive from date of letter). and the court don’t yet know if the listing will happen or not because of the knock on effect of covid. 
    I guess the admin side of my case just coincidentally hit when lockdown started so post etc has gone a bit to pot. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It's not a huge criticism - thats the point, there were two crucial docs you didnt get, and you didnt chase. 
    No harm it seems in this case, but keep in mind if it happens again! Just diarise a "have aI got this letter yet?" reminder :)
  • Coupon-mad
    Coupon-mad Posts: 155,248 Forumite
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    Lt20 said:
    Yes I accept that to a certain extent. I was proactive in that I submitted a sars received the info and recognised what I could use. Covid took over I’m a key worker so have been busy and tbh it slipped my mind for a few weeks. A lots been going on. I just thought things were on hold as a lot of things were because of lockdown. I’ve not had anything to say it was going to Derby court from CCBC and I’ve had nothing from Derby court. I only knew about the listing last Thursday when I got the W/s from VCS (which took over 3 weeks to arrive from date of letter). and the court don’t yet know if the listing will happen or not because of the knock on effect of covid. 
    I guess the admin side of my case just coincidentally hit when lockdown started so post etc has gone a bit to pot. 
    Then send the wording I suggested on page 10 of the TELEPHONE HEARINGS thread and add that you received no notice of the hearing and can't meet the deadlines (the rest is as per the example I wrote weeks ago).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • Lt20
    Lt20 Posts: 33 Forumite
    10 Posts
    edited 20 July 2020 at 12:53PM
    Hi
    update on This case which was listed for 24/07/20. I just rang the court to confirm the listing (they’d previously told me to do this a few days before as some are being removed from listing)
    I found out that the date of the hearing had changed to last Friday and yet again I hadnt received notification of this from Derby combined court. 
    Fortunately the listing officer I spoke to was sat in on that hearing and told me the DDJ had raised concerns as VCS witness statement was factually incorrect, apparently their counsel agreed there were numerous mistakes in the statement and Case was dismissed.
    I was very upset at the initial part of the call when I realised I could potentially have a ccj I then needed to get set aside. Then he recall just one case last week where it was dismissed..... and luckily it was my case. 
    They confirmed they had all my statement and evidence and although I’m not trusting the outcome until I see it in writing id like to think the inaccuracies i raised in my statement had an effect on the outcome.
  • Umkomaas
    Umkomaas Posts: 43,712 Forumite
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    It sounds like a bit of a FUBAR occurred here, but fortunately the Judge found in your favour. So a win for you, a loss for VCS, and, for whatever the reason, a win is a win, well done. 🥂

    ANOTHER VCS CLAIM BITES THE DUST. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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