Vehicle Control Services challenging N244 on basis of 'Promptness of Application'

nosferatu1001

Re set aside - very very good! They will not enjoy that
But wait - it suggests that he has dismissed the claim entirely? Be as claer as you can - because usually appealing a set aside when they didnt attend is not going to be offered, but appealing a strike out of the claim would give them a chance to appeal. 

beamerguy

Well done

It's amazing given their huff and puff .... they fail to attend the phone hearing

Le_Kirk

Well done on the win.  Did the judge indicate when you would have to defend the original claim?  Did he/she give instructions to you about filing a defence or to the claimant (and I know they weren't there) to file new particulars of claim?

Coupon-mad

I agree with @nosferatu1001, it sounds like the Judge struck out their entire claim.    Show us the Order.

Yes, expect them to appeal that (but the CCJ remains wiped).

FenderJay

Will post the order as soon as I receive it and let you all know.
 
Interested to hear thoughts on whether I should put in a small claim against them for misuse of my personal data. My understanding is that it's around £60 to lodge that and I can claim up to £750 - the car was on land covered under railway byelaws and the city council has confirmed that. 

Coupon-mad

£60 gets a £900 claim I think - you can check. 

But yes you'd have grounds to claim but it would need to be pleaded very well, with case law, and you must send a LBC first.  But wait a month or two for the Order then to find out if they've decided whether to appeal or not, IF their claim was actually struck out.

Come back and do comment on the public release of the new Code of Practice, due for public consultation soon.  Your voice should be heard.

Snakes_Belly

You should write to your MP about the CCJ and how it affected your ability to obtain a re-mortgage and the subsequent increase in interest rate.

The minister involved in the implementation of the new CoP is Robert Jenrick. He is the Minister for Housing. He has a vested interest in keeping the housing market buoyant.   

Tell your MP about your issues and ask for your comments to be forwarded to RJ.

There will be the opportunity to comment when the new CoP becomes available for public consultation. I still think that it is worth writing to your own MP about your specific case. 
  

FenderJay

UPDATE: 
The court sent me a Certificate of Satisfaction or Cancellation of Judgment Debt.
It states:
"IT IS ORDERED THAT
1. The judgment against Mr X dated Y be and is hereby set aside
2. The Defendant shall file at Court and serve on the Claimant a fully particularised defence supported by evidence by 4pm on 9 September 2020
3. The Claimant shall pay the Defendant's costs of the application in the sum of £255 by 9 September 2020.
Date Order Made: 19 August 2020"

I didn't receive this until after 16 September, so the court imposed deadline had already passed. I chased the court by phone a few times early September and they had a long backlog they stated. There's no further detail on what I was asked to file and my understanding was that this was only required in the instance the VCS challenged the order. Did I need to file something in particular?

I've emailed VCS 3 times now to discuss the repayment of the £255 and the only thing I've gotten back is "We've forward this to the relevant department who will be in touch" - 12 days later and I've heard nothing from them. I've given them a deadline of 5pm today to give me a payment update - if not I was going to open a Moneyclaim.

Good news is that the CCJ has been removed from my credit record and my credit has recovered. I can now get back to remortgaging my house.

Redx

I would have thought that you would issue a Warrant of Control , not a Moneyclaim !!

Get that Defence into the court and claimant ASAP , if not sooner

Le_Kirk

Did you file and serve a defence - even though you received the order with a deadline BEFORE you received it?  It seems strange that you didn't receive it until 16th September when it was dated 19th August.  Is there any evidence on the envelope such as postmarks to support your case?