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

BrownTrout

Always copy in a claimaint when contacting a court.

Johnersh

Unless they are applying to set aside the order, you've got an order and can enforce it.  I'd tell them as much. But that's me.

If you provided the DJ with a contact number in good time, it's unclear why the claimant couldn't.  That's the key question.  Did they provide a mobile phone number for the Elms bod by the date specified in the Notice of Hearing?  

I mean, if in doubt, they could have just provided the switchboard number for Elms and let them redirect the call to whichever person they dispatched to deal with it.  They appear to have complained but stopped short of saying the judgment is incorrect. 

Coupon-mad

Yep, without having made any application to set aside that Order, the Order stands.  I'd email VCS back and ask them whether they filed an application.

lyndonp59

Johnersh said:

Unless they are applying to set aside the order, you've got an order and can enforce it.  I'd tell them as much. But that's me.

If you provided the DJ with a contact number in good time, it's unclear why the claimant couldn't.  That's the key question.  Did they provide a mobile phone number for the Elms bod by the date specified in the Notice of Hearing?  

I mean, if in doubt, they could have just provided the switchboard number for Elms and let them redirect the call to whichever person they dispatched to deal with it.  They appear to have complained but stopped short of saying the judgment is incorrect. 

The Order to provide contact details was dated 30th November and said they had to be emailed in with 48 hours of receipt of the Order. We sent ours in on 3rd December. I discovered tonight they sent there’s in on 7th December 14:45 so yet again they have failed to obey the court order. I will be rewriting  the email to the court to point that out upfront. 

And write back to VCS with what C-M had said. 

I must admit their email to us today was not as strongly worded as the usual ones they send out when they think they are on top!

Johnersh

OK. So effectively they've misled you.  We're entitled to assume they received the notice in good time. It's on them to prove they received it late, if that's the case.

They're in breach of an order and the court was well entitled to proceed.  The reason for the date is precisely to ensure the contact details reach the judge in good time.

Enforce the order. There's no need to await their complaint if the order is not subject to appeal or application. 

Fruitcake

If I was in your position I would enforce the warrant of control. They can always apply for an application to set aside (if that is an option). What do you think the scammers would do if the situation was reversed?

If it is allowable, and it were up to me, I would go ahead and do it.

As already mentioned, the scammer's complaint is with the court, who found in your favour, not with you. 
You are not involved in the complaint but can make the court aware of your side of things.
They wanted a hearing on papers.
They got a hearing on papers.
They were ordered to supply contact details by a certain date.
They did this (late) so must have received the instructions.
You received the same instructions on time and complied in time so the court cannot have sent the order late.

nosferatu1001

OK given the new info above, I would go for the warrant. I would be emailing VCS stating they have 3 days from the email to confirm the date they filed an application to set aside or vary the order, else you will go ahead and enforce the order
Show us your rewrite to the court

Fruitcake

Why warn them? Why not just execute the warrant?
They already know about it. They could have paid the amount due quicker than the time it would have taken to make the complaint or reply to the OP.
They are just stamping their feet and throwing their toys out the pram.

nosferatu1001

Because youre trying to get them to confirm they havenbt filed an application. 

lyndonp59

nosferatu1001 said:

OK given the new info above, I would go for the warrant. I would be emailing VCS stating they have 3 days from the email to confirm the date they filed an application to set aside or vary the order, else you will go ahead and enforce the order
Show us your rewrite to the court

How does this sound? Do I need to mention anything else?

====

Thank you for your email dated 8th March 2021 stating you have submitted a complaint to the court, however, this is a direct complaint between yourselves and the court and does not affect the validity of the Court Order dated 21st January 2021.

As you are aware, unless you have filed an application to set aside or vary the Court Order then the Court Order is valid and you must comply including payment of £95 as ordered by the court.

The court confirmed by email on the 22nd February you had not appealed against the decision made by District Judge Heppell on the 7th January 2021 and I have also not been informed you have applied for a set aside.

If you have filed an application for a set aside then please email by return, the date on which it was filed.

If by 5pm Monday 15th March 2021 I have not received confirmation of the date on which you filed a set aside and I have also not received payment of £95 as ordered on the General Form of Judgment or Order dated 21st January 2021 for Claim Number XXXXXX, I will submit a Request for Warrant of Control to the court for the County Court Bailiffs to enforce, upon which you will incur additional costs as detailed in my previous email dated 4th March.

I trust this clarifies the matter in hand.