Claim Form received - VCS - WON - For the second time!

lyndonp59

Thanks for the feedback Grandad

Judg(e)ment was my typo - I had to manually write it from the letter. Strangely MS-Word did not pick it up using UK English spell checker.

Practi(s)ce was a copied heading from another poster.

Yes we got the DVLA back - let's just say it was interesting!

D_P_Dance

An "e" was the preferred spelling whem I was drafting treaties in the FCO

lyndonp59

D_P_Dance said:

An "e" was the preferred spelling whem I was drafting treaties in the FCO

Just did a quick google - you learn somehting new everyday!

"the form judgement gained in frequency in British contexts, and is now the usual spelling in general British use, but judgment has remained the standard spelling in British legal contexts when used to refer to a judicial decision (see sense 8), as well as in U.S. usage."

KeithP

D_P_Dance said:

An "e" was the preferred spelling when I was drafting treaties in the FCO

Yes, I too would always spell treaties with two letter "e"s.      




Well... nine times out of ten anyway.

D_P_Dance

You misunders  ... never mind

lyndonp59

So, Witness Statement was submitted last Thursday on ONE email to both the court and VCS as I had read on here about VCS claiming they had not received the other folks emailed WS so I thought having the court on the To as well was additional proof! You do get an auto response on emailing their litigation email address anyway. 

Anyway the date to receive the WS from VCS was yesterday 2nd November at 4pm. My son rang the  court in the morning just to double check they had received his ok. He also told them he hadn't received the WS from VCS and they said they hadn't either so unless they hand delivered it by 4pm they haven't complied. He hadn't received it still today so looks like they are stringing us along and will drop the claim right at the last minute do you think?
The next date is 9th November 4pm in which to reply to the VCS WS which obviously we can't. We will double check tomorrow or Thursday the court never received it either and my thoughts are do a simple supplementary WS for the 9th to send both to court and VCS basically just saying VCS have failed to comply with court instructions for the WS and therefore invite the court to dismiss their claim and award full costs as per exhibit xxx in the initial WS for unreasonable behaviour.

What are anybody else thoughts to do?

Redx

sounds good to me

Snakes_Belly

They do play at brinkmanship but very often it backfires on them.

nosferatu1001

Tell the court, via email, that the claimant has breached order of x date by failing to serve on you the documents they intend to rely on in court. You were also told on y date that the court had also not received anything from the C either

You ask that the C is not given any relief from sanction, and that the claim is struck out as having no chance of success, as they are unable to prove any part of their claim. 

lyndonp59

nosferatu1001 said:

Tell the court, via email, that the claimant has breached order of x date by failing to serve on you the documents they intend to rely on in court. You were also told on y date that the court had also not received anything from the C either

You ask that the C is not given any relief from sanction, and that the claim is struck out as having no chance of success, as they are unable to prove any part of their claim. 

Should we still do a simple supplementary WS as well stating we can't respond to the claimants WS as they failed to file one just so it is on record for a judge to see if they do go to a hearing? The court told my son to put it forward to the judge at the hearing.