CCJ - FIGHT FOR OUR RIGHT!!

Coupon-mad

Neither are legally represented (VCS only sort of) and this is YOUR application, so I would not be happy if JB puts a bundle together for the hearing you paid for!

GlassRoof36

Coupon-mad said:

Neither are legally represented (VCS only sort of) and this is YOUR application, so I would not be happy if JB puts a bundle together for the hearing you paid for!

Exactly what I was worried about!

Below is the letter I received from Leeds County Court (quickly typed up so sorry for any mistakes)

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Documents for the hearing

6. The part responsible for preparing a hearing bundle is the claimant / applicant if they are legally represented. If the claimant / applicant is not legally represented and the defendant / respondent is, the responsibility for preparing the hearing bundle lies with the defendant / respondent. If no party is legally represented there is no requirement for any party to prepare a hearing bungle.

7. The court may vacate the hearing or impose costs sanctions on the responsible party if no bundle is filed or if the bundle does not comply with the requirements of this order.

8. Unless the court directs otherwise the responsible party shall prepare an electronic bundle in accordance with the 'General guidance on electronic court bundles' found here: https://www.judiciary.uk/announcements/general-guidance-on-electronic-court-bundles/ . At a minimum the bundle should include a hyperlinked index, bookmarked sections and printed pagination which matches the digital pdf number for each page.

9. The contents of the bundle should be agreed where possible and it should contain:
(a) a case summary
(b) a list of issues to be determined at the hearing
(c) a draft order
(d) only those documents which are essential for the court to determine the issues before it that day.

10. Not less than 5 working days before the hearing the responsible party shall deliver the bundle to all other parties.

11. Not less than 3 working days before the hearing the responsible party shall deliver the bundle to the court, with a copy of the draft order in Word format (or equivalent), by email to.........blah blah blah.

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The first part i've highlighted in bold confuses me. Why would there be no requirement for a bundle????

Coupon-mad

I think I'd say to JB when telling him where to put his consent order, that as VCS are not legally represented (Elms Legal are not instructed) you do not accept VCS trying to mislead the court with a bundle and must certainly not include, in any submission VCS might throw together, the nullity of this refused Draft Consent Order which must now be consigned to the bin.

GlassRoof36

So I would send the court my own hearing bundle even though it says "there is no requirement for any party to prepare a hearing bungle"?????

So my next steps are to:

1. Email VCS refusing their consent order and telling them I will be sending my own bundle for the hearing.
2. Emailing over my bundle to the court 

Coupon-mad

Actually, if you are sending a skeleton argument with the 4 case authorities you can't really send a 'bundle' (of everything) on second thoughts, because it will exceed 50 pages if you try.  So don't.

Just send the skelly and your costs schedule and the 4 authorities (plus the relevant Code of Practice about checking details of defendants before litigation).

GlassRoof36

Do I need anything from VCS or will they send over their own bundle??

Coupon-mad

Leave them to do them!

GlassRoof36

Words aren't really my forte but how does the following email sound???.....

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Dear XXXX,

Unfortunately, I will not be signing this Consent Order.

I believe the financial costs I have/will further incur during this process are due wholly to the inadequacies of Vehicle Control Services Ltd and I'm confident the court will agree.

At this stage, if the Claimant consented to reimbursing me (Defendant) the £275 application fee cost, I would reconsider signing the amended consent order. Otherwise, there will be considerably more costs incurred through the court.

Please let me know how you would like to proceed by the XXX of December. After this date, I will be sending my hearing bundle to the court in preparation for the hearing on the XXXXXXXX.

Kind regards,

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Coupon-mad

I'd remove this word "Unfortunately".

GlassRoof36

Coupon-mad said:

I'd remove this word "Unfortunately".

Haha I think I can do that