Surprise CCJ - Flora St Sheffield Restricted Area - VCS / Elms Legal

Supraman15

I got the set-aside and the claimant was ordered to re-imburse my £255 fee 

The judge ruled under CPR 13.2 that the claimant should have had reason to believe I had changed address, having entered a claim almost 4 years after the initial contravention.

Their solicitor was completely unprepared and had nothing to offer as evidence, often just stating what he was 'instructed' to ask for. 

When asked if he objected to paying costs he argued that the "application was his so he should pay" (and he didn't even know that the set-aside fee was £255)

They are now at square 1 and have to re-file the original claim given that the original particulars of claim do not meet CPR 16.4 (thanks @Coupon-mad)

I suspect they will probably just drop it

Le_Kirk

Well done, let's hope they do drop it but be prepared for the other eventuality.

nosferatu1001

Haha! Well done!
I expect them to drop the claim, if honest they'd be mad to go further. This has cost them £400 plus already

Redx

Well done

Yet JB has been back on the forum crowing about one other case , despite losing several recently !!

The business model of entrapment , deceit , bullying and issuing claims to old addresses seems to be backfiring , never mind poor or non existent landowner authority or suing in the wrong name !!

Chances are he won't reply in this thread or any other where they lost !!

Umkomaas

Very satisfying result, well done. Hopefully they will just crawl back underground!

Coupon-mad

Supraman15 said:

I got the set-aside and the claimant was ordered to re-imburse my £255 fee 

The judge ruled under CPR 13.2 that the claimant should have had reason to believe I had changed address, having entered a claim almost 4 years after the initial contravention.

Their solicitor was completely unprepared and had nothing to offer as evidence, often just stating what he was 'instructed' to ask for. 

When asked if he objected to paying costs he argued that the "application was his so he should pay" (and he didn't even know that the set-aside fee was £255)

They are now at square 1 and have to re-file the original claim given that the original particulars of claim do not meet CPR 16.4 (thanks @Coupon-mad)

I suspect they will probably just drop it

Hooray!  Sounds like another one bites the dust (claim probably over) as well as the CCJ being overturned and your application costs back.

Well done. 

NB very important: Do they have your CORRECT address, to send you the £255 cheque and to make sure that if they DO re-file the claim it will be seen by you?

Supraman15

Thanks all

@Coupon-mad
 Yeah the consent order that Elms sent me a few weeks ago had the correct address on it, I also updated my address with VCS back in august when I sent the SAR and they sent an acknowledgement email to confirm their records had been updated

D_P_Dance

Their solicitor was completely unprepared 

Par for the course, this is why people should fight these claims.

Supraman15

I received my cheque over the weekend (they must have sent it on the day of the hearing!)
I also received a copy of the particulars of claim, dated July 2020 with my address amended. This document is watermarked with "Reference Only" in large letters. I'm assuming that this is just a copy for my records?

If they wanted to continue with the claim then surely they would have to submit a 'new' claim form, with a new date on it?
I have emailed the solicitors anyway so I'll see what they say

BrownTrout

Supraman15 said:

I received my cheque over the weekend (they must have sent it on the day of the hearing!)
I also received a copy of the particulars of claim, dated July 2020 with my address amended. This document is watermarked with "Reference Only" in large letters. I'm assuming that this is just a copy for my records?

If they wanted to continue with the claim then surely they would have to submit a 'new' claim form, with a new date on it?
I have emailed the solicitors anyway so I'll see what they say

No
they wont issue a fresh claim, they have resent the claim form to you as required.  the claim number stays the same through out the case