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

lyndonp59

BrownTrout said:

Crown court bailiffs?
I honestly dont know why your not going for the third party. Far more effective.

If they don’t pay up after this email I will come back to ask the best approach. I don’t know what a third party is?

 Just because I have stated this doesn’t mean to say I have to do it via this method I suppose, although only crown court bailiffs can be used for debts under £600. 

lyndonp59

BrownTrout said:

Fruitcake said:

The devil in me would add something about the risk of getting a CCJ etcetera, lifted direct from one of their scamvoices.

My question though is, do you have to send them a warning shot across their bows, or can you just go straight for court appointed bailiffs or whatever is needed for collection of the debt?

There is no need to contact them

The folks on here recommended a 7 day email warning first. I did wonder myself about just sending the bailiffs in!

lyndonp59

Fruitcake said:

The devil in me would add something about the risk of getting a CCJ etcetera, lifted direct from one of their scamvoices.

My question though is, do you have to send them a warning shot across their bows, or can you just go straight for court appointed bailiffs or whatever is needed for collection of the debt?

It did occur to me as to if and when and how a CCJ would be applied to them. I thought from all what I had seen if I had lost I had 28 days to pay up or a CCJ would  be recorded against  me automatically. Is that not the case, and does it apply to the claimant like VCS if they don’t pay up when they lose?

just curious. 

BrownTrout

lyndonp59 said:

BrownTrout said:

Fruitcake said:

The devil in me would add something about the risk of getting a CCJ etcetera, lifted direct from one of their scamvoices.

My question though is, do you have to send them a warning shot across their bows, or can you just go straight for court appointed bailiffs or whatever is needed for collection of the debt?

There is no need to contact them

The folks on here recommended a 7 day email warning first. I did wonder myself about just sending the bailiffs in!

a frozen bank account is going to cause a lot more hassle then a bailiff visit

Fruitcake

lyndonp59 said:

BrownTrout said:

Crown court bailiffs?
I honestly dont know why your not going for the third party. Far more effective.

If they don’t pay up after this email I will come back to ask the best approach. I don’t know what a third party is?

 Just because I have stated this doesn’t mean to say I have to do it via this method I suppose, although only crown court bailiffs can be used for debts under £600. 

I thought BT mentioned a different method that could be used several days/posts ago.

BrownTrout

Fruitcake said:

lyndonp59 said:

BrownTrout said:

Crown court bailiffs?
I honestly dont know why your not going for the third party. Far more effective.

If they don’t pay up after this email I will come back to ask the best approach. I don’t know what a third party is?

 Just because I have stated this doesn’t mean to say I have to do it via this method I suppose, although only crown court bailiffs can be used for debts under £600. 

I thought BT mentioned a different method that could be used several days/posts ago.

i did, its called a "third party debt order"
https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order
used to be known as a  "A garnishee order"

lyndonp59

There has been a serious development today. We sent the email giving them 7 days to pay up but today received an email from VCS saying they have an ongoing complaint with the court as their representative details were not made availble to the court for the purpose of the hearing. They have attached emails they have sent to the court confirming they did send contact details to the court and their complaint was lodged a couple of days after they received the written court order.

"Further to your below email in relation to you requesting a Warrant of Control for your costs, please see the attached emails confirming that an error was made by the Court in our representatives contact details not been made available for the District Judge for the purposes of the hearing.

In light of this, there is an ongoing complaint, as confirmed by the Court email, for which we are still awaiting a reply."

• Do we just have to sit tight and see what the court comes back with?
• What's the likely outcome, will they go for a new hearing, bearing in mind the judge agreed there was no breach of contract as per their claim?
• Does it affect the outcome of the judgment?
  In effect this was decided "on papers" on their side which they actually wanted in the first place, whereas we wanted a phone hearing.
• You would have thought their legal representaive had a brain and would have contacted the court when they didn't get a call withing 10 mins or so of the hearing start time.It started 10 minutes late and I was preparing to ring to the court in the next 5 minutes to make sure nothing was amiss. VCS have their own legal dept and no doubt have done this many times (as opposed this was the first time for us) so they should know how it all works.

Incidentally, we had contacted the court on 22nd February (hearing was 7th January) to check on the number of days VCS had to pay up and also enquired if they had submitted an appeal and were told they hadn't.

nosferatu1001

- going for a warrant of control now would be seen to be unreasonable, given this info
- but that doesnt mean you sit tight indefinitely. You need to get them to confirm when this "complaint" will be heard, because its now been 2 months and so you have every right to enforce the courtsd order against them. 
- I have absolutely no idea what will happen re a new hearing. As the court made a finding of fact (no breach of contract) then un.ess they can explain how they would overturn that finding, a new hearing would seem excessive and unfair on you, a consumer. So maybe you should send that to the court! DONT BE SILENT!
- see above. You're asking too much of this forum to second guess a court.
- yes, and? Doesnt altrer the courts !!!!!! up. 

nosferatu1001

Also, this isnt an appeal
It is a complaint
two different concepts

beamerguy

lyndonp59 said:

Incidentally, we had contacted the court on 22nd February (hearing was 7th January) to check on the number of days VCS had to pay up and also enquired if they had submitted an appeal and were told they hadn't.

On what date were VCS ordered to pay by ?
What is the date of their complaint ??

This is now VCS v the Court.   They must prove to the court they did advise them.  It will not be up to the court to prove they did not