VCS Small Claims Stage - Residential visitor

aa92

Thank you both. 

I will call the court first thing tomorrow morning. 

I have found an email for the local court the hearing is due in, should I also copy in CCBCAQ@Justice.gov.uk ? 

Coupon-mad said:

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 said:

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.

Le_Kirk

I would because it is CCBC who allocated the single case rather than both cases.

Coupon-mad

Don't call the court.  Phoning is pointless.

Coupon-mad said:

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

1505grandad

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

Just checking  -  you are aware that you also have to submit your WS, exhibits and cost notice?

Have VCS included a landowner's contract with their WS?

aa92

1505grandad said:

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

Just checking  -  you are aware that you also have to submit your WS, exhibits and cost notice?

Have VCS included a landowner's contract with their WS?

Yes, as per the guidance I was under the impression I have until 14 days before the hearing to serve this. 

VCS have included the contract they have with the management company for the building.

Coupon-mad

You only have until 14 days before, if that's what your Notice of Allocation says.  Some courts want evidence sooner.  It will say so on the NoA or on the Hearing letter.

It would ring alarm bells for me that you've possibly missed a deadline, if the other side has served theirs already.  Re-read your court directions carefully.  Page two usually sets it out.

aa92

Coupon-mad said:

You only have until 14 days before, if that's what your Notice of Allocation says.  Some courts want evidence sooner.  It will say so on the NoA or on the Hearing letter.

It would ring alarm bells for me that you've possibly missed a deadline, if the other side has served theirs already.  Re-read your court directions carefully.  Page two usually sets it out.

I appreciate the concern and myself expected an earlier deadline, as you say especially as VCS has served their documents to me. 

I have read, re-read and tripled checked the NoA and the only instruction given regarding service of WS is no later than 14 days before the hearing date. 

The notice also mentions that the claim will be struck out unless the claimant pays the court fee in full by a deadline date a few weeks before the hearing. In your guys experience, is there much of a chance of VCS lapsing on this?

Coupon-mad

Nope.  They'll pay it and proceed.

Odd that you have their WS so early but maybe they are trying to intimidate you.

The good thing is, you can go through it with a fine tooth comb and refer to it in your own WS, pulling apart their 'evidence' of stock photos and a Google Earth 'map' with dots on it, and undated pics of so called clear signage.

aa92

Is this email appropriately worded regarding the issue with Hearing dates and also combining into one Hearing? 

"Dear Sir/Madam, 

RE:

Claim number: XX & XY 

I am writing, as the Defendant, in regards to the above claim numbers which have been allocated to the Small Claims Track and for which Hearings have been set on X of August 2022 (XX) and X July 2022 (XY). 

When responding to Directions Questionnaires (DQ) for both of these Claims, as per instructions on the DQ form which request the Defendant to provide dates in the next 6 months which the Defendant would not be able to attend a Hearing - these dates were provided accordingly. The DQ for both Claims was submitted in July 2021, therefore dates that may not be suitable for the Defendant were only requested until January 2022. It is reasonable that the Defendant did not expect to attend a Hearing approximately 1 year following submission of the DQ for both claims. 

Due to personal circumstances I, the Defendant am not able to attend the Hearing pertaining to Claim XX due to take place on the X of July 2022 and I am requesting that the Court reschedule this. 

Separately, the Court was requested in the Defence Statement, to consider consolidating both Claims into one Hearing as they are materially the same. This is evident in both the nature and details of the Claimants submissions to Court as well as the Defence Statement provided by the Defendant in response to both claims. It is disappointing that this request has not been considered. Particularly during a time when services are stretched in the wake of the recent Covid-19 pandemic, it would be most appropriate for the Court to consider Hearing both claims together at one set date and sitting. 

For clarity, I the Defendant am not available during the following set of dates in the next 6 months: 

• X

I look forward to hearing from you regarding this matter. 

Yours sincerely"

Coupon-mad

Looks good.