CCJ issued after being misled by private parking firm - VCS

Snakes_Belly

You have get rid of this CCJ if you hope to obtain a role in the financial sector.
The sooner you deal with this the better as this is seriously affecting your career prospects and will impact on obtaining finance. It's not something that you can sit on.

Polite but firm. Tell them what you want and what action that you will have to take if they do not comply. Their choice.

nosferatu1001

And of course, time bound. You just give them a deadline to comply before you go the unconsented route. 

Ralph-y

CM posted a ... IMHO,   a plan of action with a reason to go for a 'set aside' , if the credit clampers refuse the 'consent set aside'.

My opinion would be to try that.....

do they want to risk loosing £££ rather that spent a short time form filling to allow the 'set aside'

Good luck what ever you decide ... and keep following the god advice being given

Ralph

Snakes_Belly

Ralph-y said:

CM posted a ... IMHO,   a plan of action with a reason to go for a 'set aside' , if the credit clampers refuse the 'consent set aside'.

My opinion would be to try that.....

do they want to risk loosing £££ rather that spent a short time form filling to allow the 'set aside'

Good luck what ever you decide ... and keep following the good advice being given

Ralph

There is no risk involved in writing to them and it's no skin off their nose to give you consent. You could even send a SAE for return. What is the biggest risk is to do nothing.  

Rmc2018

@Coupon-mad @Le_Kirk @Snakes_Belly @nosferatu1001 @Ralph-y
afternoon all and thank you so much for your comments, I didn't sleep at all again last night but I have just got a spare 30 minutes and have put together the following to send over to VCS, please let me know your thoughts - 

Thank you for the attached and the prompt response. After listening back to the call, it is still apparent that the language and terminology used by your advisor (Mark) on 10/11/2020 was misleading and has resulted in me receiving a CCJ.  

Based on the constant incorrect advice I had received from your firm between June and November, Mark gave me the option to pay the £185 and in return he would “hold the matter” “pull the case from Elms Legal” and “bring the matter to a close”. This was also reiterated in the follow up letter Mark emailed over which confirmed that ‘we will accept the balance of 185 as FULL and FINAL settlement of the claim raised”. During the call the CCJ was brought up by Mark as was the outstanding debt and the involvement of Elms Legal – therefore highlighting that these are “the matter” this is “the claim”.

However, I am now aware that as Mark gave me till November 30th (his choice of date even though I made it clear when he mentioned the 30th that I am unemployed and do not get paid therefore the end of the month is of no benefit to me) and as the payment was subsequently made after 21/11/2020 I now have a CCJ on my record. 

The CCJ was brought to my attention by a potential employer on 05/01/2021 who has offered me employment (subject to sufficient credit checks) as the role is in a Financial Institution. Following the discovery of the CCJ, I called and emailed your company straight away as I presumed there had been an error on your behalf however, I spoke to an advisor who had NOT listened to my call but advised that the court claim is nothing to do with VCS however you are the claimant? 

Therefore, I am now in a position where I have a CCJ on my credit file due to constantly being misled by VCS but more importantly when I resolved the issue finally, I was ill advised and was given a payment date of no relevance and one that has now resulted in my name being adversely marked (for the first time in my life) with a CCJ. 

In order to resolve this issue in the timeliest manner I am asking that VCS assist me in requesting that the court set aside the CCJ based on the misleading information and contradicting time frames given by VCS resulting in me settling the claim 4 days after the claim date (but within the date given by VCS) which would have prevented this terrible situation from arising. In exchange for your assistance and the drawn up consent form from VCS I agree to pay the court fee.

However, if you do not agree to consent to the set aside then I will have no option but to pursue a set aside without consent and will alert the court to how VCS have misled me throughout the claim process, asking for a set aside under CPR 13.3 for the 'good reasons' that the Claimant has acted wholly unreasonably and misled a litigant in person’ and wish the court to order that the £185 extracted from me under false pretences is refunded along with the court fee.

I would appreciate if you could please respond within 7 days in order for this to progress. 

I do hope you can help me resolve this awful matter 

Regards 

Le_Kirk

I like it.

Coupon-mad

I do too.  As long as you clarify this vital point:

In exchange for your assistance and the drawn up consent form from VCS I agree to pay the £100 court fee for the N244 application but ONLY if it is a set aside 'with consent'.  This position has value to your company because if you do not consent, the N244 fee will be £255 and I will ask the court to order that to be refunded to me by your company.


Go for that and don't delay if they have not responded in the affirmative late next week.

Redx

There you go , clarity after 24 hours

https://m.youtube.com/watch?v=X3PBQEmkaZ0

Rmc2018

thank you so much everyone, I felt like my head was going to explode yesterday but all your help and encouragement has really pulled me through. @Coupon-mad does this sound better? - 

Thank you for the attached and the prompt response. After listening back to the call, it is still apparent that the language and terminology used by your advisor (Mark) on 10/11/2020 was misleading and has resulted in me receiving a CCJ.  

Based on the constant incorrect advice I had received from your firm between June and November 2020, Mark gave me the option to pay the £185 and in return he would “hold the matter” “pull the case from Elms Legal” and “bring the matter to a close”. This was also reiterated in the follow up letter Mark emailed over which confirmed that ‘we will accept the balance of £185 as FULL and FINAL settlement of the claim raised”. During the call the CCJ was brought up by Mark as was the outstanding debt and the involvement of Elms Legal – therefore highlighting that these are “the matter” this is “the claim”.

However, I am now aware that as Mark gave me till November 30th (his choice of date even though I made it clear when he mentioned the 30th that I am unemployed and do not get paid therefore the end of the month is of no benefit to me) and as the payment was subsequently made after 21/11/2020 I now have a CCJ on my record. 

The CCJ was brought to my attention by a potential employer on 05/01/2021 who has offered me employment (subject to sufficient credit checks) as the role is in a Financial Institution. Following the discovery of the CCJ, I called and emailed your company straight away as I presumed there had been an error on your behalf however, I spoke to an advisor who had NOT listened to my call but advised that the court claim is nothing to do with VCS however you are the claimant? 

Therefore, I am now in a position where I have a CCJ on my credit file due to constantly being misled by VCS but more importantly when I resolved the issue finally, I was ill advised and was given a payment date of no relevance and one that has now resulted in my name being adversely marked (for the first time in my life) with a CCJ. 

In order to resolve this issue in the timeliest manner I am asking that VCS assist me in requesting that the court set aside the CCJ based on the misleading information and contradicting time frames given by VCS resulting in me settling the claim 4 days after the claim date (but within the date given by VCS) which would have prevented this terrible situation from arising

In exchange for your assistance and the drawn up consent form from VCS I agree to pay the £100 court fee for the N244 application but ONLY if it is a set aside 'with consent'.  This position has value to your company because if you do not consent, the N244 fee will be £255 and I will ask the court to order that to be refunded to me by your company whilst pursuing a set aside without consent and will alert the court to how VCS have misled me throughout the claim process, asking for a set aside under CPR 13.3 for the 'good reasons' that the Claimant has acted wholly unreasonably and misled a litigant in person’ and wish the court to order that the £185 extracted from me under false pretences is refunded along with the court fee.

I would appreciate if you could please respond within 7 days in order for this to progress. 

I do hope you can help me resolve this awful matter 

Regards 

Rmc2018

also do I include a copy of the N244 application or not?