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

blackdog2220

lyndonp59 said:

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

to walk to post office and post the N349 I hope 

lyndonp59

blackdog2220 said:

lyndonp59 said:

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

to walk to post office and post the N349 I hope 

Yes looking that way. It is my son who will have to attend the hearing which just complicates it a little.

Can I attend with him? - I was his Lay Rep on the initial hearing

bargepole

lyndonp59 said:

Yes looking that way. It is my son who will have to attend the hearing which just complicates it a little.

Can I attend with him? - I was his Lay Rep on the initial hearing

The Lay Representatives (Rights of Audience) Order 1999:

3 (2) A lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

(b) at any stage after judgment; or

(c) on any appeal brought against any decision made by the district judge in the proceedings.

blackdog2220

however this would be a new case , so non of above apply , the op is starting to reclaim money owed to her by VCS , and has instigated a new claim using form N349 , VCS owe the money for something that happened prior to the N349 aplication , the case as far as THEY are involved  is over , any further "arguaments" between VCS and the courts are of no concirn to the OP 

Johnersh

@blackdog2220 except that it wouldn't. It would be an application to the court. Its not a claim form within the provisions of cpr 7 or cpr 8. 

This thread has got a bit tedious now.  Less is more, so that's me done here. 

nosferatu1001

lyndonp59 said:

blackdog2220 said:

lyndonp59 said:

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

to walk to post office and post the N349 I hope 

Yes looking that way. It is my son who will have to attend the hearing which just complicates it a little.

Can I attend with him? - I was his Lay Rep on the initial hearing

No, but as pointed out - its a 5 min hearing.
Just get something done! weve had pages more discussion. 

Humdinger1

@lyndonp59 I do understand that this feels a bit worrying when you're not used to doing it.  Please listen to the experts on here and go ahead though because you're striking a blow for yourself and so many others.  You can show these low life bullies where they get off.   How good does that feel? Humdinger 

lyndonp59

Today my son has received an email from JB at VCS:-

"As per your discussions with our Mr Afzal please find enclosed a copy of the N244 Application seeking to apply to set aside the order of District Judge Heppell.

Furthermore, we are seeking to suspend the warrant of control obtained by the Defendant to enforce his costs order subject to the Order.

Can you please confirm that any enforcement will be suspended pending the outcome of our Application."

[edit: this email was sent TO the person dealing with their complaint and also TO my son - was a little confusing, I originally thought it was TO my son and they were asking him to suspend the warrant]

A copy of their N244 was attached - i've put the relevant bit below. I note they have put they want the application dealt "without a hearing" which is a concern, particularly as they are stating that they we are behaving unreasonably by pursuing the costs knowing they had a complaint and that we knew it was their intention to apply for a set aside.

This is NOT true.

We emailed the court on 11th March after my last post on here in March to put in writing our side of the story to the court relating to the VCS complaint i.e. they sent in their hearing contact details late, wasn't the first time as WS was also not sent on time and we had informed the court about it at the time, and would pursue the £95 by Warrant or TPDO etc.This was CC'ed to VCS.

My son rang the court the next day to check they had got the email and ask if a set aside had been submitted, upon which they told him there had been a discussion about his email and the person dealing with the complaint wanted his phone number to speak to him. She didn't. He contacted them again, was told she would ring by the end of that week. Didn't happen, Rang again. Sent email. Was never contacted, hence the Warrant was only submitted on 26th March, again after asking if a set aside had been submitted. He wanted to pay but was told they would phone him for payment.

It took until last Thursday 22nd April for the court to finally riung and take the £110. Because it has been so long my son asked if VCS had applied for a set aside. The Warrants officer said they would check and rang him back 45 minutes to say they hadn't hence he paid.

In their WS they also have an email dated 26th April from the person dealing with the complaint stating the Judge has said they would need to submit an N244 if they wished to take it further and it refers to phone conversations dated 23rd April, the day I assume they received notice of the Warrant. So it looks clear their complaint was rejected although we were never informed.

So the question is what should we do now? Do we have to suspend the warrant as VCS have requested?

Here's part of the WS:-

Fruitcake

VCS have a problem with the court, not you/your son. It is a completely different issue.

You/your son want your money but VCS are procrastinating and refusing to pay. 

It's up to you if you want to contact VCS but if it were me, I would follow the court/legal process to get my money and let the scammers apply for a set aside by following the legal process if they felt it was necessary.
If it was the other way round, VCS would be doing their utmost to get their pound of flesh. They would apply for a CCJ, court appointed bailiffs, warrant of control, and you would be left to apply for a set aside, and you would be completely at the mercy of the courts.

lyndonp59

Fruitcake said:

VCS have a problem with the court, not you/your son. It is a completely different issue.

You/your son want your money but VCS are procrastinating and refusing to pay. 

It's up to you if you want to contact VCS but if it were me, I would follow the court/legal process to get my money and let the scammers apply for a set aside by following the legal process if they felt it was necessary.
If it was the other way round, VCS would be doing their utmost to get their pound of flesh. They would apply for a CCJ, court appointed bailiffs, warrant of control, and you would be left to apply for a set aside, and you would be completely at the mercy of the courts.

Thanks, if I understand you correctly it sounds to me as though VCS are again trying to get round the process by asking us to suspend the warrant instead of the set aside in court?

Do we need to reply to their email at all?

So we just wait for the N244 papers to arrive for us to do a WS?