I WON!!!!!!!!!!!!!!!!!

Grimghast

Court day today fro telephone hearing dispite my request for a hearing in person phone call is scheduled for 3pm, but they rang at 2pm and i missed the call!!! 
Hoping now they call again at the actual time in the letter! 

Im ready for this so they better call at the correct time!

Coupon-mad

They usually call an hour before to test the number.  You should have been ready to take a call but I hope you got it now.

Grimghast

So court called again at 3pm phew!

Now the fun bit  the judge started it off with talking about the claimants authority to issue the PCN and asked why I thought they didnt have the authority, so I started with the contract they have with the land agent and how the authority must flow from the landowner, judge says but they have a contract attached, I say its not valid as it breaches section 43 & 44 of companies act so judge says ok i have section 43 explain to me why it breaches it which I did, but the judge disagreed I was like ok lost that point move on to section 44 explained my points on that judge says ok and asks claimants solicitor for his take, to which he said I don't have a copy of the defendants WS to which he is refering....oh dear I thought have I messed up? I sent it by email at the begining of march... a quick check by the Judge yes you did sent to the court and VCS! phew....(solicitor) er VCS dont accept documents sent to that email address....(me) well they accepted all other communication to it including my defence!
(judge) I find that the WS has been served. yay me 
The judge went on to express his displeasure at the solicitor not being given all the documantation required solicitor requested an adjournment I objected but was over ruled lol however the judge did award my costs for having my time wasted today of £42.50 and demanded a written explanation from a Mr Burgess no idea who he is? as to why he failed to provide the solicitor with my WS and also as to something in the claimants evidence relating to a letter headed "without prejudice which the judge said should never have been put in the claimants eveidence bundle? missed some of what was said as I was busy chuckling to myself being awarded costs for the day......to be comtinued I guess   

Castle

Grimghast said:

So court called again at 3pm phew!

Now the fun bit  the judge started it off with talking about the claimants authority to issue the PCN and asked why I thought they didnt have the authority, so I started with the contract they have with the land agent and how the authority must flow from the landowner, judge says but they have a contract attached, I say its not valid as it breaches section 43 & 44 of companies act so judge says ok i have section 43 explain to me why it breaches it which I did, but the judge disagreed I was like ok lost that point move on to section 44 explained my points on that judge says ok and asks claimants solicitor for his take, to which he said I don't have a copy of the defendants WS to which he is refering....oh dear I thought have I messed up? I sent it by email at the begining of march... a quick check by the Judge yes you did sent to the court and VCS! phew....(solicitor) er VCS dont accept documents sent to that email address....(me) well they accepted all other communication to it including my defence!
(judge) I find that the WS has been served. yay me 

Strange; given that VCS failed to mention the lack of WS at the preliminary hearing in March! 

Coupon-mad

Hahaha!!  So Jake Burgess (who lurks and posts here) has to explain to the Judge why VCS messed up, and VCS have to pay you compensation for today AND they have to pay their rep twice...that is, if they don’t discontinue.

I think they will now discontinue. Sounds like a much better Judge than your first hearing!

Snakes_Belly

"I don't have a copy of the defendants WS to which he is refering."

How many times is this happening where Excel/VCS mess up with the paperwork and blame everyone else?

It's a pity that the judge did not strike the case out as in Troubled42's recent case.

These ajourned cases mean that Excel/VCS have to pay for representation each time.

JB should adopt the mantra that was used in an organisation that I worked for, "Get it right first time".  Perhaps we should just be glad that they are so shoddy with their admin     

Snakes_Belly

"Strange; given that VCS failed to mention the lack of WS at the preliminary hearing in March!" 

It may have been a different rep from the first hearing. In my first hearing the rep had the actual bundle that I sent in a file. In the second hearing (different rep) the information was on the rep's laptop. He did struggle to find what he wanted though.  

If there is a third rep expect issues with the paperwork. 

Grimghast

Coupon-mad said:

Hahaha!!  So Jake Burgess (who lurks and posts here) has to explain to the Judge why VCS messed up, and VCS have to pay you compensation for today AND they have to pay their rep twice...that is, if they don’t discontinue.

I think they will now discontinue. Sounds like a much better Judge than your first hearing!

Vast improvement on the mediation judge! I've been grinning from ear to ear all afternoon 
I've still got all my other points to put across if they do continue so I'm feeling quite confident of a win after today! hope it's the same judge he took a very dim view of them this afternoon.

Doubt the same solicitor will want to come back next week after the embarassment of today 

Grimghast

Snakes_Belly said:

"I don't have a copy of the defendants WS to which he is refering."

How many times is this happening where Excel/VCS mess up with the paperwork and blame everyone else?

It's a pity that the judge did not strike the case out as in Troubled42's recent case.

These ajourned cases mean that Excel/VCS have to pay for representation each time.

JB should adopt the mantra that was used in an organisation that I worked for, "Get it right first time".  Perhaps we should just be glad that they are so shoddy with their admin     

Good at this rate it will have cost them more to win the case than the claim is worth if they do win which is looking highly unlikey!
Looking forward to recieving my cheque from them 
Think ill get it framed 

Redx

JB has posted on here a few times , about winners , not losses , or vague comments about future court cases etc

AFAIK he is head of litigation at VCS / Excel , but the department seems disorganised and chaotic and he cannot monitor everything or deal with everything, read the recent judgment and transcript posted by Bargepole about their failure and about the £1500 payable in compensation , where they wanted 4 weeks to pay it instead of 2 , pleading poverty !!

Numpties