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

lyndonp59

nosferatu1001 said:

- 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. 

Yes, you have confirmed my thoughts, will draft up a reply to the courts.

The legal rep BTW was from ELMS Legal Ltd, so they knew the ropes.

Re the appeal/complaint - I just thought the court might have mentioned they had received a complaint

lyndonp59

beamerguy said:

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

The hearing was the 7th January and the court order was dated 21st January. Court said they had 14 days to pay "from the date the order was drawn" They sent an email to the court on the 25th - unfortunately

Johnersh

So they've complained but not applied to set aside the order? 

beamerguy

lyndonp59 said:

beamerguy said:

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

The hearing was the 7th January and the court order was dated 21st January. Court said they had 14 days to pay "from the date the order was drawn" They sent an email to the court on the 25th - unfortunately

VCS / EXCEL ...... the boss, Renshaw-smith complained sometime ago about a case and said the judge was not fit for purpose ..... how to make friends ? ... the mind boggles.

All you can do now is wait,  As much as they have complained, their card is marked and always will be, I would be asking the court to advise you of the outcome to the complaint because you cannot rely on VCS to tell you.

lyndonp59

Johnersh said:

So they've complained but not applied to set aside the order? 

They are asking the court why the contact details were not files/passed onto the Judge.

beamerguy

lyndonp59 said:

Johnersh said:

So they've complained but not applied to set aside the order? 

They are asking the court why the contact details were not files/passed onto the Judge.

Very difficult for a court ...... if they agree, it opens the door to possible court errors that will extend to many ?   
The biggest problem for VCS is proving what they say ?  Proving they sent it is not proof of delivery.

The onus is on VCS for proof ...... 

lyndonp59

What does this sound like?
Should it also be copied to VCS or just send to the court?

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I have today received from VCS the email below stating they have lodged a complaint because their representative's contact details were apparently not made available to the District Judge Heppell for the purpose of the hearing.

Even though their representative was unable to attend the hearing it made no difference to the outcome of the hearing as the court made a finding of fact, i.e. there was no breach of contract as fully detailed in my Witness Statement to which VCS had full access prior to the hearing which was filed on time. VCS chose not to provide a written response to my Witness Statement.

Witness attendance costs awarded to me on the day have currently not been paid and are overdue, therefore in breach of the court order dated 21st January 2021.

Also, I note that their representative was from ELMS Legal Ltd, a professional legal body, and therefore would have been fully aware of the protocols and procedures for such a hearing compared to myself as a lay person, and this therefore begs the question as to why she did not contact the court after not being contacted herself within 10 or 15 minutes of the start time of the hearing? The hearing itself started 10 minutes late and I was going to give it another 5 minutes before I would have rung the court to ensure there was no issue in the contact details supplied.

On the VCS email to yourselves dated 25th January 2021 which I have seen for the first time today, it is clear the ELMS representative did not even tell VCS she did not take part on the hearing. Surely, the correct approach in such circumstances would have being for her to contact VCS on the same day, 7th January? It is no excuse for VCS to register a complaint over 3 weeks later on the 25th January when they received the Order dated 21st January, they are both supposedly professional bodies fully versed in the legal practices and should act accordingly. VCS should be asking questions of the ELMS representative's failure on this and abide by the Court Order.

I should also like to remind yourselves that VCS, who have their own internal Litigation Department, failed to file their Witness Statement by the Order dated 20th September 2020 which I duly notified the court by email on 5th November and received a reply from the court dated 12th November.

If VCS had won on the day, would they have complained? NO, they would not! They would have been quite happy it was heard “on papers” in such a scenario. As such, the Court Order dated 21st January should stand and the costs awarded to be paid. If VCS are indeed requesting a new hearing to be heard this would seem excessive given the facts and would be extremely unfair on myself, and would give an advantage to VCS.

Please can you confirm when the “complaint” will be heard as it is now 2 months since the hearing on 7th January and therefore I have every right to enforce the court's order against VCS.

As VCS had not informed me of their complaint and therefore are currently withholding the costs awarded by the court, I do not trust VCS to inform me of the outcome of their complaint. I therefore request you advise me of the outcome and any other matters arising from it.

Please also ensure this email is passed onto whoever is dealing with this issue.

KeithP

Yes, I think you should copy that to the Claimant. After all, you are pointing out that the Claimant did not copy their complaint to you.

Fruitcake

I wouldn't use questions, only statements.
The claimant did this.
The claimant did not do that.
The claimant failed to do the other within the court mandated timescales.

I have only skim read, but did you state that the scammers actually requested the case be heard on papers, which is exactly what they got, but did not complain until X days after the event.

beamerguy

lyndonp59 said:

What does this sound like?
Should it also be copied to VCS or just send to the court?

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Who bother, they read this forum like a bible ...... and make stupid comments as well.

No problem, let's see what the court says