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

Umkomaas

👆👆From the horse's lawyer's mouth 👆👆

beamerguy

And do you know what happened to the person who looked into the horses mouth and did nothing ..... the horse died

Fruitcake

lyndonp59 said:

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?

Surely you can find out from the court if they have applied for a set aside.
You know they have not paid within the court mandated time. Why ask them if they are going to pay? The were ordered to pay it but didn't. You have already contacted them about payment but they came back with an excuse. If they intended to pay they would have done it by now. The fact that they haven't paid already over two months after the hearing can only mean they have no intention of doing so.
They want a second bite at the cherry without having to pay for it. They are too late to appeal so they are throwing up delaying tactics in the hope they can get the claim re-heard without having to pay for a set aside.

The court order told them to pay and they have not. I cannot see why you would want to ask them again. The court has done it once and you have done it once. How many more times are you going to ask for your money? How many more chances are you going to give them?

They are scammers. Why are you so worried about upsetting them? 

At least one legally qualified poster has told you how to get your money. I cannot understand why you are so reluctant to do this. If you keep thinking up reasons to delay this, you run the risk of getting nothing, and having to go to court again. 

It is your decision. Either apply for the warrant of control, or don't apply for it. 

I can see I am wasting my time here, so I'm out.

BrownTrout

As above what dont you just get on with it.  Terrible dithering. 

Johnersh

**an observation on the timeline. Dates should be checked carefully and, as ever, the o/p needs to be comfortable with the next steps**

* 5 weeks today since payment should've been made - 21/1/2021 +14 days (Happy Anniversary!) 
* time for lodging an appeal has expired
* there appears to be no application, which is the proper course (and no mention of plans to apply from the ppc). There is no reason not to serve the application notice if they've made one, given that enforcement is contemplated. 

In response to the o/p threat of enforcement in early march:

*  the PPC provided evidence of correspondence with the court in breach of the CPR and without notice to him.
* It's not clear if just that explanation was provided or if copies of everything were also sent across.
* it is now on or about 7 days since the enforcement warning appears to have been given. 

nosferatu1001

OP - file the damned warrant already
A "complaint" to the court does not stop enforcement.

lyndonp59

nosferatu1001 said:

OP - file the damned warrant already
A "complaint" to the court does not stop enforcement.

Thank you. Should I still send the email to VCS getting them to confirm or not they have filed a set aside within 3 days as you originally suggested before the warrant?

D_P_Dance

Should I still send the email to VCS getting them to confirm or not they have filed a set aside within 3 days as you originally suggested before the warrant?

NO.  Why?  Just do  as Nos says.  

BrownTrout

lyndonp59 said:

nosferatu1001 said:

OP - file the damned warrant already
A "complaint" to the court does not stop enforcement.

Thank you. Should I still send the email to VCS getting them to confirm or not they have filed a set aside within 3 days as you originally suggested before the warrant?

oh jeez what is wrong with you, why have you spent hours dithering and not just grabbed the bull by the horns
and i honestly dont understand why people would chose a bailiff option over a 3rd party debt order as that would actually cause the debtor far more problems then bailiffs 

lyndonp59

BrownTrout said:

lyndonp59 said:

nosferatu1001 said:

OP - file the damned warrant already
A "complaint" to the court does not stop enforcement.

Thank you. Should I still send the email to VCS getting them to confirm or not they have filed a set aside within 3 days as you originally suggested before the warrant?

oh jeez what is wrong with you, why have you spent hours dithering and not just grabbed the bull by the horns
and i honestly dont understand why people would chose a bailiff option over a 3rd party debt order as that would actually cause the debtor far more problems then bailiffs 

For debts under £600 everything I have read and others Have confirmed on here apparently they can only be done by the crown court bailiffs.