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

lyndonp59

Having looked further into the 3rd PDO the FAQ states:-

"What will happen if the debtor or the third party objects to my application for a final third party order?

They must file their written evidence setting out their objections not less than three days before the hearing is due to take place. They must send copies to you and to each other. If they have raised objections, the judge will expect them to attend the hearing.• You should note that both the third party, and the debtor, may apply to the court for the hearing to take place at a court nearer to their home, or place of business. If an application is made, the court will let you know"

So if they raise an objection we will need to attend a court hearing?

BrownTrout

Christ on a bike why is this continuing 

MothballsWallet

Snakes_Belly said:

It's obvious that Excel and VCS are having problems with the administration. Like Beamer says there are probably a lot of staff on furlough. SRS may have furloughed himself if he pays himself a salary on PAYE.

SRS is also involved in the hospitality sector so a double whammy. What a shame. Never mind.  

Can SRS fully furlough himself if he's a director as he'll still have responsibilities to discharge in line with Companies Act and other legislation around running a business?

MothballsWallet

Umkomaas said:

I really don't understand VCS not bothering about going on the call or providing phone details 

Simple - they are too afraid of being asked to answer difficult, possibly incriminating, questions. They never turn up, even though they reputedly employ a CILEX-qualified staff member. Take a bow Joke Burgess!

Our immigration advisor solicitor is a Fellow of CiLEX, I wonder where their staff member got their CILEX qualification from?

lyndonp59

BrownTrout said:

Christ on a bike why is this continuing 

I'm sorry this feels like it is pulling teeth. I was going to submit the Warrant of Control and then the 3rd PDO was also suggested. I am trying to understand the implications of the latter. We would have to attend a court hearing and I would like to know what that will entail, I am hoping somebody might have done this and tell of their experience:-

"The order will include a hearing date at which the judge will decide whether or not the money that has been frozen should be paid to you. You must attend that hearing, otherwise the judge may dismiss your application."

nosferatu1001

Personally, I would just do the warrant of control. 
It is simpler and in line. 
Just make a decision, as you're another week in now

bargepole

lyndonp59 said:

BrownTrout said:

Christ on a bike why is this continuing 

I'm sorry this feels like it is pulling teeth. I was going to submit the Warrant of Control and then the 3rd PDO was also suggested. I am trying to understand the implications of the latter. We would have to attend a court hearing and I would like to know what that will entail, I am hoping somebody might have done this and tell of their experience:-

"The order will include a hearing date at which the judge will decide whether or not the money that has been frozen should be paid to you. You must attend that hearing, otherwise the judge may dismiss your application."

I have helped clients to file TPDOs previously.

Upon receipt of the application form and Judgment order, the Court will order the debtor's bank to freeze the Judgment sum, plus the application fee, in that account. If there are insufficient funds to cover it, nothing will happen.

The Court will then list a short hearing (5 - 10 minutes) to finalise the Order, and the debtor gets the opportunity to make representations as to why the money should not be taken. In the case of a private individual, that might be because it would cause hardship to their family, but I can't see that would apply to a limited company.

If the final Order is made following the hearing, the bank must then transfer the funds direct to the Judgment creditor's account.

blackdog2220

when one has the "urine" extracted and has had to endure the likes of VCS harrassment and bullying , and finally beating the company ,yes YOU , just a simple non legal person against VCS legal team , and they then sit there laughing at you 

in the words of a goverment website 

Form N349: Apply to the court for a 'third-party debt order'

If you have a court order that's not been paid, use this form to ask the court to 'freeze' money held by a third party, such as the debtor's bank.

oh the joy , the pleasure , the amout of damage (self inflicted) you can do to SRS , the humility "I had a 3rd part debt order coz i dont pay my dues " 

D_P_Dance

Sorry, Yes, I had a confused moment there! I meant crown court 

You have had more confused moments that Boris has children and you meant  COUNTY court.  

lyndonp59

D_P_Dance said:

Sorry, Yes, I had a confused moment there! I meant crown court 

You have had more confused moments that Boris has children and you meant  COUNTY court.  

Doh! 

Gets coat