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

Johnersh

@Fruitcake I was particularly interested in the mechanism of communication and "applications by the back door" but I agree that a case can be made presented that the judgment would have been the same with or without their advocate (an argument I shall now christen the Joshua Tree point).

As is often the way, there can be more than one argument, some or all of which are winners/more persuasive to the court. 

Le_Kirk

Was Tibbles up the tree?  Good to see judges like a laugh as well, saying that a (case) application for reconsideration about a couple of grounded  747's  did not fly!

Jenni_D

Le_Kirk said:

Was Tibbles up the tree?  Good to see judges like a laugh as well, saying that a (case) application for reconsideration about a couple of grounded  747's  did not fly!

You're thinking about Tiddles.

lyndonp59

I have been thinking and wonder if I am better emailing the court first to point out that the C sent in their contact details after the 48 hours as detailed on the Order (as I mention a few posts back). They might not spot it and just take the word of the C and trust the email they sent was in on time not realising it was late. 

My reasoning and concern is that if I send the email to VCS which I posted yesterday and end up going the Warrant, what happens if the court supports the C complaint? I will have paid £77 and it cannot be executed.

Or the bailiffs turn up and the C show they have an ongoing complaint still being dealt with by the court? Again in have paid for a warrant trust cannot be executed?

Is my  thinking correct? 

beamerguy

lyndonp59 said:

I have been thinking and wonder if I am better emailing the court first to point out that the C sent in their contact details after the 48 hours as detailed on the Order (as I mention a few posts back). They might not spot it and just take the word of the C and trust the email they sent was in on time not realising it was late. 

My reasoning and concern is that if I send the email to VCS which I posted yesterday and end up going the Warrant, what happens if the court supports the C complaint? I will have paid £77 and it cannot be executed.

Or the bailiffs turn up and the C show they have an ongoing complaint still being dealt with by the court? Again in have paid for a warrant trust cannot be executed?

Is my  thinking correct? 

Bailiffs will hear all sorts of excuses, their job is to execute the warrant and are unlikely to listen unless proof is provided which they can check with the court

I would proceed

Fruitcake

As previously mentioned, the court found in your favour and costs were awarded to you and against the claimant, to be paid within a court mandated timeframe. The scammers failed to comply with that court order.
All you are trying to do is get the money from the scammers that the court has said they must pay.
Whatever issue the scammers have is with the court, not you, and has no bearing as far as I can tell on the judgment made.

It is entirely up to you, but personally I would go ahead with the warrant and get my money. If the scammers have a problem with that then they should apply for a set aside and submit reasons why they think they would win if the case was reheard, including their failure to supply contact details as directed by the court.

An appeal has to be made within a certain time. They could have done that instead of or in addition to making a complaint, but have taken the decision not to do so. You could check with the court to see if the scammers have appealed. If they have not, then I see no reason why you can't go ahead with the warrant.
Again, if it were me I would have done it by now rather than give the scammers time to wriggle free.

Umkomaas

I see sand slipping through fingers. 

Fruitcake

I've just read back and seen that the case was heard over two months ago, meaning the scammers are now outside the appeal window.
They had every opportunity to appeal but chose not to.

I would not waste any more time.
I would apply for the warrant tomorrow as soon as the relevant business/department is open.

If you procrastinate any longer you run the risk of them getting away with it.

JFDI!

lyndonp59

Fruitcake said:

I've just read back and seen that the case was heard over two months ago, meaning the scammers are now outside the appeal window.
They had every opportunity to appeal but chose not to.

I would not waste any more time.
I would apply for the warrant tomorrow as soon as the relevant business/department is open.

If you procrastinate any longer you run the risk of them getting away with it.

JFDI!

I intend to send the email to VCS which I posted last night  as suggested by Nosteratu1001 getting them to confirm they have not done a set aside or pay within 3 days. 

I think I would feel comfortable also sending an email to the court cc VCS about the fact they didn’t obey the court order about the contact details similar to the one I posted here on Monday but tweaked for the late contact details etc. Just to head them off at the pass. 

Would that seem ok?

Johnersh

Ultimately only you can decide what to do. The position remains, as others have remarked, that you have an enforceable order. 

If C has supplied the court with emails demonstrably sent after the date of the order I'm not sure that helps them.