VCS Small Claims Stage - Residential visitor

Le_Kirk

Submit your DQ to the same e-mail address that you used for your defence - all as per the instructions in the NEBWIE sticky or in the defence template or in instructions posted by @KeithP

aa92

Thank you. And is this something I can serve to VCS via email too, or does that need to be done via physical post?

Coupon-mad

This is in the a template Defence thread numbered steps.

aa92

Thank you, managed to find it. 
VCS have a litigation email address on their website, to which I have emailed the DQ forms. An auto-response from this email address states that they do not accept service of documents via email - is this something they can stand by?

Coupon-mad

Yes but they don't tend to now that courts deal with almost everything electronically. 

A DQ emailed to them is fine.

aa92

Hi all, 

Just wanted to update as I have received notification that the two cases have been allocated to the small claims track and a date has been set for the hearing. 

You may remember I had asked in my original defence statement for the judge to consider consolidating both claims into one as they are materially the same, but this seems to have been ignored as I've received two separate hearing dates. 

VCS have also sent me their witness statement and evidence etc. 

One problem I have currently is that the first hearing date falls on a date which I will not be in the country (getting married, going abroad for a holiday straight after). 

Is it straightforward enough to request the court to change this hearing date at this stage? 
I must admit I've sat on this for a bit, I received the notices of allocation for small claims hearing in December, they are due to take place in July and August. 

Le_Kirk

What dates did you put on your DQ that you would be unavailable?

aa92

Le_Kirk said:

What dates did you put on your DQ that you would be unavailable?

When I submitted the DQ it only asks for dates in the next six months that you are not available. 

The DQ was submitted in July 2021, and so I did not anticipate having to wait a whole year for a hearing, so dates in 2022 were not considered. 

Can I use this as justification for requesting a change of date? 

Coupon-mad

Yes and the fact that the court has not consolidated the duplicate facts claims to save time and costs for all.  Email the court.

Le_Kirk

I would contact the court to which the case has been allocated and explain the circumstances, I would copy it as a complaint to the CCBC and also ask why the two cases are not being heard together (to save the court time and money) despite you pointing this out to them.  If you don't get the cases separated you could use cause of action estoppel and cite Henderson v Henderson.