Excel claim - defence advice

Snakes_Belly

As a matter of interest did Excel make an offer? Not that I think you should accept it. 

Also in my case I used various articles etc. that showed  Excel in a bad light (not difficult). Their rep on my first trip to court said that she was going to ask for these articles to be disallowed. I said that I would object strongly to this.

The case was rescheduled  and there was a different rep who had not read much of my bundle so it did not come up a second time.

Be prepared though for that argument as all the bad press and comments gives a good insight as to how this company of Ex Clampers operates.

SRS is an ex-clamper. 

nosferatu1001

MCOL will not tell you anything
Now the claim has been allocated to a local court, MCOL will no longer be updated and is not to be used or referred to. 

Snakes_Belly

If you look at Courtserve you will see how the court where your case has been allocated is operating.   

Troubled42

It looks like its game on folks...
Relative has not received any discontinuation letter.. unless one happens to arrive in the nick of time on Monday. ('30 minute' telephone hearing is this Tuesday)
Chances of them actually showing up are quite low..
We don't quite understand why they are still pursuing if it results in a possible counter claim/schedule of costs being paid to the defendant which is essentially double the claim amount..!

Either way it will be interesting telephone conference with just a judge & the defendant...

We will be driving over on the day. Apart from the witnesses, is there anything else that needs to be done to declare that 'we' are there listening? We are not strictly representing but will obviously assist the defendant...

Thanks all - we wouldn't be feeling so confident in the case if it wasn't for your help and support as always. The evidence is really stacked against them..

@Snakes_Belly yes they did indeed make an offer in their generic 'we have a strong case against you' letter, see below. This came a few days after the C's WS.
Interesting to note the 'additional costs' for instructing a solicitor to attend..


Thanks for the courtserve link - sadly it only publishes the next day ahead so we will see if it appears on the Monday.

Redx

There won't be any counter claim unless it was put in and paid for at the same time as the defence was submitted !!

I do not believe this was done seeing as you were hoping they would drop the case

There is nothing strange about asking for legal costs , it's done all the time , usually it's refused unless somebody has been unreasonable

Fruitcake

Face to face hearings take place in public courts where members of the public are allowed. I'm not sure about a remote hearing via telephone, but I can't see why anything should change. I think stating to the judge that others are present as if this was a public appearance should be done as a curtesy. 

If you will be assisting the defendant then you should announce yourself as a McKenzie Friend (look it up) who is allowed to whisper in the defendant's ear and pass them documents.

The judge will not take kindly to anyone other than the defendant speaking unless they are acting as a lay representative acting for the defendant and declared beforehand, or a McKenzie friend making quiet comments to the defendant.
Absolute silence from the crowd must be adhered to.

Why is someone from a completely different company (Excel) on Excel headed notepaper making an offer about a case from VCS?

Castle

Fruitcake said:

Why is someone from a completely different company (Excel) on Excel headed notepaper making an offer about a case from VCS?

It's apparently from Yasmeen Couser; who claims to be employed by both companies, so clearly it's very easy to forget who had issued the actual claim; (Excel did).

(Although, given that she "wrote" the WS, you would have thought she could remember).

beamerguy

As Fruitcake said .... If you will be assisting the defendant then you should announce yourself as a McKenzie Friend (look it up) who is allowed to whisper in the defendant's ear and pass them documents.

I was a McKenzie friend at a parking case.  You complete a simple form from the usher. In my case the Judge asked me how I knew the defendant.  He then asked if I intended to speak to which I replied NO SIR.  Case continued and BWLegal (in that case) were zapped

Rule of thumb is YOU DON'T SPEAK 

Snakes_Belly

So they are stating that you would incur a further £220.00 for costs! Where have they plucked that figure from?

You will find that Courtserve does not update until around 4.00 pm to 5.00 pm. Even then it can be later. 

I will keep my fingers crossed. Good luck - Snakes. 
 

nosferatu1001

Cost for a rep, that's all. The fact they won't get them doesn't stop them trying to frighten you