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

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    A 3rd party debt order is NOT court bailiffs.

    Have you read Jonnersh response? It sets out why y ou dont need to do more. You wanred them a week ago you were going to enforce, they are outisde the time to appeal, they communicated to the court WITHOUT informing you as they were required to do, etc. 

  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 11 March 2021 at 11:15AM
    lyndonp59 said:
    lyndonp59 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. 
    That is completely incorrect
    No one has said a third party debt order can not be used under £600(that is for a high court writ)
    It is also the county court.  Crown court is for criminal matters
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lyndonp59 said:
    lyndonp59 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. 
    Nothing to do with the crown court. The COUNTY court ordered VCS to pay you and it is the COUNTY court bailiffs who will collect it for you. 

    Why are you delaying ???
  • lyndonp59
    lyndonp59 Posts: 113 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    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. 
    That is completely incorrect
    No one has said a third party debt order can not be used under £600(they is for a high court writ)
    It is also the county court.  Crown court is for criminal matters
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72
    Sorry, Yes, I had a confused moment there! I meant crown court and I now realise you were referring to the order which freezes the C bank account, which I had confused with third party debt collectors! :s

    I have looked at form N349 for a third party debt order but that requires knowing the bank or building society from what I see.
    I understand why it would cause them grief, but would it be considered unreasonable or frivolous to serve this - cost is £100 for a £95 debt?
    Does anybody have any prior experience of serving a 3rd party debt order?

    Today is the 7th day since we sent the email giving them chance to pay up. I have the N323 form for std crown court bailiff ready - I sent an unsigned copy to VCS to show I was serious but obviously it had little effect!

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lyndonp59 said:
    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. 
    That is completely incorrect
    No one has said a third party debt order can not be used under £600(they is for a high court writ)
    It is also the county court.  Crown court is for criminal matters
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72


    Today is the 7th day since we sent the email giving them chance to pay up. I have the N323 form for std crown court bailiff ready - I sent an unsigned copy to VCS to show I was serious but obviously it had little effect!

    Well, it will be a big surprise for them
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I suspect that VCS are all over this thread now. Jake B is well known around these parts. They're laughing and playing you OP. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • lyndonp59
    lyndonp59 Posts: 113 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Umkomaas said:
    I suspect that VCS are all over this thread now. Jake B is well known around these parts. They're laughing and playing you OP. 

    He'll be laughing on the other side of his face when he gets to learn of a third party debt order!
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Just do the warrant
    A 3rd PDO is great, and there are enough VCS details around to find a bank account for them - on this forum in letters offering settlement, for example
    It is not unfair or excessive. You are allowed to enforce the debt. DO SO
    agreed
    they get to the "heart of the matter".  The only time a 3rd party debt order is not effective is when the claimant has less in the account then the amount being claimed 
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