Notification of Instruction from ELMS Legal LTd

Coupon-mad

As all the other VCS court threads here would have told you. They don't just give up.

DWGrassman

Hi 
I have received my Notice of Allocation to the Small Claims Track (Hearing) from my local Court. The District Judge proposes to dispose of the claim without hearing -that is on papers alone because of the current Coronavirus pandemic.
Should I send the form N159 back stating that I don’t agree with this? Then direction will be given for a hearing to take place, either by Skype or in person once this is safe.  I have until
19/9/22 to do this then have until 3/10/22 to submit all documents.The case will be considered on the papers 14/12/22

Jenni_D

Never accept a hearing on the papers - it puts a litigant in person defendant at a significant disadvantage vs a serial litigant solicitor. Always object and request a hearing in person* (whether remote or actually in-person)

* Unless you're in the test area where all such cases are being heard on papers, in which case you'll have no choice. If you're being given the opportunity to object then it seems that your case is not so affected, so do object.

DWGrassman

Thanks for your advice Jenni, I will send the form back with my objection and then start work on the next stage. Do I just resubmit my defence with photographic evidence? Is there any other documents I should submit?

KeithP

DWGrassman said:

Do I just resubmit my defence with photographic evidence? Is there any other documents I should submit?

No that's not correct.

Refer again to the second post of the NEWBIES thread for good guidance on what happens when, compiling a Witness Statement and gathering evidence.

Coupon-mad

But don't use the Robert Cox example there as it's out of date now.

Excel v Wilkinson is meant to be an exhibit in every single case.  See the example WS bundles by:

@Daiapolon2021 

and

@aphex007 

DWGrassman

Hi, I’m going to send the N159 form back today to request a hearing in person. Do I send the form by email back to my local court who sent the form or do I send it to MCOL? Also a copy to VCS? Thanks

KeithP

Once a claim is transferred to a hearing court, the County Court Business Centre and MCOL take no further part in the process.

Everything you send to the Court must also be sent to the Claimant.

DWGrassman

Thanks Keith. I have also received a letter from VCS asking me if I would like to settle for £192.50. Should I fail to accept their offer then they will proceed to trial and bring the letter to the courts attention upon the question of costs in order to seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.
Should I reply to VCS? Will the judge frown on this if I don’t attempt to resolve the dispute?

Grizebeck

DWGrassman said:

Thanks Keith. I have also received a letter from VCS asking me if I would like to settle for £192.50. Should I fail to accept their offer then they will proceed to trial and bring the letter to the courts attention upon the question of costs in order to seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.
Should I reply to VCS? Will the judge frown on this if I don’t attempt to resolve the dispute?

No ignore its an automated letter