LBC from VCS, guidance please

Umkomaas

I have sent emails to the litigation department instructing them to put the process on hold for 30 days pending receipt of further information

You have no entitlement to a delay in process for you to receive 'further information'. You do if you're seeking debt advice. 

What exactly did you say to them?

beamerguy

Ljk900 said:

Sorry beamerguy, yes it does state £100 plus £60 costs and potentially another £25 court costs. 

Ok, the £25 will be to issue the claim so that's normal.

The fake £60 add-on is normal for VCS  but it's unlawful and they know it.

If VSC proceed to court they now face two problems
1: To explain the fake £60
2: They must comply with the new Civil Procedure rule and tell the truth. They have already tainted their claim adding the fake £60 

WHY IS IT FAKE ?
Please read carefully this thread .... ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

See what happens to VCS in court ...... this is your aim   Scroll down to read.

You will see it's not just VCS who get spanked in court for Abuse of process.

Then scroll further down to see ... "An interesting tale regarding BWLegal and the OP"

Whilst this one refers to BWLegal, it's all the same as far as the courts are concerned
Using the letter (making changes that apply to you), you can reply to their LBC and ask for their legal authority to add £60. As you will see from the BWLegal reply, it's full of utter rubbsh. VCS cannot give you their legal authority.  But, look at the last letter from BWLegal 

VCS read this forum and if they want yet another spanking in court, they can proceed

Ljk900

Umkomaas, I told them to delay the process whilst I seek advice and await information from their data protection officer. They can only say no. I will have a defence prepared in good time in case they do say no. 

Umkomaas

Ljk900 said:

Umkomaas, I told them to delay the process whilst I seek advice and await information from their data protection officer. They can only say no. I will have a defence prepared in good time in case they do say no. 

If you want to actually secure a delay, you need to reference 'seeking of debt advice', otherwise they will ignore and carry on. Check the PaP:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Ljk900

Thank you everyone for your advice. I will formulate a reply to the LBC asking them to justify the £60 and see where it takes me. In the meantime, I'll keep reading up and forming my defence.

beamerguy

Ljk900 said:

Thank you everyone for your advice. I will formulate a reply to the LBC asking them to justify the £60 and see where it takes me. In the meantime, I'll keep reading up and forming my defence.

Good, they will either reply with rubbish or they will ignore.  You can show your letter to a judge and their reply or not

Ljk900

Just read the automated response from VCS data protection, and this is part of it:

IMPORTANT: Due to Data Protection requirements we cannot advise on the nature of the alleged contravention or handle any appeals until a PCN, if applicable, has been formally issued AND an appeal has been submitted in accordance with the instructions set out on the PCN. 

How am I supposed to form a defence if they can’t provide details of the alleged contravention?? I am used to spending time in the criminal courts, through my job I hasten to add, and I know that the prosecution have to serve information on the defence in order for them to be able to provide a defence statement. 

In submitting an appeal (which I am too late for now anyway) I would be revealing my hand?? 

I haven’t a clue about civil courts, but the process seems to be along the same lines as a criminal court from what I have read so far.  

Can they withhold information about the allegations they are making??

nosferatu1001

The SAR will contain a copy of the NTK 
The NTK will tell you the details of what theyre claiming your vehicle was involved in. 

Le_Kirk

Ljk900 said:

IMPORTANT: Due to Data Protection requirements we cannot advise on the nature of the alleged contravention or handle any appeals until a PCN, if applicable, has been formally issued AND an appeal has been submitted in accordance with the instructions set out on the PCN. 

1.  How am I supposed to form a defence if they can’t provide details of the alleged contravention?? I am used to spending time in the criminal courts, through my job I hasten to add, and I know that the prosecution have to serve information on the defence in order for them to be able to provide a defence statement. 

In submitting an appeal (which I am too late for now anyway) 2. I would be revealing my hand?? 

I haven’t a clue about civil courts, but the process seems to be along the same lines as a criminal court from what I have read so far.  

Can they withhold information about the allegations they are making??

1.  You will (or should) find their case when they issue their claim through MCOL.  It is called particulars of claim.
2.  They will find out anyway when they are sent a copy of your defence by the CCBC.