VCS Southend Elms Legal Court Claim - Cancelled!

Le_Kirk

With an issue date of 06/02/26 and providing you complete(d) the AoS after 11/02/26 and before or on 25/02/26 your defence deadline date is 4.00 p.m. on 11/03/26

As you can see the defence is overdue, get it done a.s.a.p.

fivestarsamz

okay so I received this:

This is the claim status on MCOL:

A claim was issued against you on 06/02/2026
Your acknowledgment of service was submitted on 12/03/2026 at 23:10:26
Your defence was submitted on 13/03/2026 at 02:08:19
Your defence was received on 13/03/2026 at 08:07:05
Your acknowledgment of service was received on 13/03/2026 at 08:07:05
DQ sent to you on 18/03/2026

Am I cooked?

ChirpyChicken

No they are mistaken. Its what the portal says that matters

Get the DQ filed asap via email

Gr1pr

Agreed, download it, fill it in and email it ASAP

And, please change your thread title to something more suitable like

VCS, ELMS LEGAL court claim

Coupon-mad

Phew! You got the defence in overnight on the day they later wanted to get a CCJ. Nicely saved. There is no CCJ.

How dare they send that out, knowing full well that they were unable to hit the Request Judgment button.

How dare they. Keep that to mention in court to the judge, as wholly unreasonable conduct. This is deliberate or negligent misleading of a consumer.

Car1980

As a side quest you could now make Elms do some work.

Put in a complaint and say you will escalate to CILEx. Their internal procedures should not be allowing CCJ letters to be posted out where none exists.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81933996#Comment_81933996

Good call.

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81933996#Comment_81933996

Thank you for that idea. I have used AI to help me write up this complaint. What do you guys think?

URGENT: FORMAL COMPLAINT – MISLEADING NOTICE OF JUDGMENT IN DEFAULT

I am writing to formally complain about the conduct of ELMS Legal regarding the above-referenced claim.

On [Date], I received a letter from your firm dated 16/03/2026 titled "URGENT: NOTICE OF JUDGEMENT IN DEFAULT." This letter asserts that a default judgment has been entered against me because the claim was not responded to.

This statement is factually false and a serious misrepresentation of the court record.

The Procedural Facts

Pursuant to CPR 12.3(1), a claimant may only obtain judgment in default if, at the time the request is filed, the defendant has not filed an acknowledgment of service or a defence.

As per the Money Claim Online (MCOL) record:

• Acknowledgment of Service: Submitted 12/03/2026 at 23:10:26.
• Defence Submitted: 13/03/2026 at 02:08:19.
• Directions Questionnaire (DQ) Issued: 18/03/2026.

While these were submitted after the initial 14-day window, they were filed and processed prior to any request for judgment being made by your firm. Consequently, under the Civil Procedure Rules, your right to request a default judgment was extinguished the moment my AoS and Defence were recorded.

Nature of Complaint

1. Misleading the Defendant: Your letter dated 16/03/2026 was sent three days after my Defence was active on the portal. To claim a judgment has been "entered" when your firm was legally barred from even requesting one is a blatant attempt to mislead a consumer.
2. Unreasonable Conduct: Your internal procedures should not allow "Notice of Judgment" letters to be dispatched where no such judgment exists. Using the threat of a CCJ to pressure a defendant when the case is actively being defended is a breach of the SRA Code of Conduct (specifically Integrity and Professionalism).
3. Abuse of Process: Continuing to use automated "scare tactic" templates that do not reflect the actual status of the litigation is a waste of my time and a potential waste of the court's resources.

Resolution Required

I require a response within 7 days confirming that:

• You acknowledge the letter dated 16/03/2026 was sent in error and that no judgment exists.
• Given the unreasonable conduct in attempting to mislead me, you will file a Notice of Discontinuance and cancel the PCN.

Should you fail to discontinue, I will place this correspondence before the Judge at the upcoming hearing as evidence of your firm’s unreasonable conduct and will seek a wasted costs order under CPR 27.14(2)(g). I also reserve the right to escalate this matter to CILEx Regulation and the Solicitors Regulation Authority (SRA).

Yours sincerely,

Car1980

I would remove this as this is a solicitor complaint that isn't related to the court claim in process:

• Given the unreasonable conduct in attempting to mislead me, you will file a Notice of Discontinuance and cancel the PCN.

Should you fail to discontinue, I will place this correspondence before the Judge at the upcoming hearing as evidence of your firm’s unreasonable conduct and will seek a wasted costs order under CPR 27.14(2)(g

Car1980

Maybe ask them about their internal processes:

I require a response within 7 days to these points:

• You acknowledge the letter dated 16/03/2026 was sent in error and that no judgment exists.
  • What internal processes you have in place to prevent letters falsely informing defendants that have had a default CCJ awarded where no such application has been made. If no such process exists and you send out letters where a defence has been filed and where no application for a judgment in default can be made, why is this?