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VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address


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Thank you for this information ploddertom. :-D

 

It seems that BW Legal and similar companies can send letters threatening bailiffs and get away with it?

Perhaps in our counterclaim we should ask for compensation for stress and harassment dues to the tone of their letter?

 

On a side note,

I noticed that VCS have 73 one star reviews on their Google My Business page and that BW Legal have 42 one star reviews, and only 2 five star reviews between them and they don't look very real to me. I think this is a record - it's certainly the worst I have ever seen!

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so far you arent counterclaiming and even if you were you wont get anything for stress etc and claiming this would cost you more than you will be gaining so put it out of your mind.

 

Deal with the facts,

you are asking for a set aside of a CCJ that hasnt been referred to the bailiffs yet

and you then expect to defeat the original claim when you defend it.

 

 

If a set aside is granted and you still lose the claim then no CCJ is issued unless you fail to pay up in the alloted time so you are on to a winner in that respect, even if you have to pay for it.

 

 

However, we expect you to beat their claim and thus get your costs awarded.

It would be wsie to work out what they are going to be before the rematch

 

 

so £255 fees and travel are normal,

after that you need to show that VCS have behaved unreasonably or the claim is vexed

and you will then get loss of earnings and possbily your research and preparation costs of £19ph for 5 hours as a standard tariff.

 

 

Today it was reported that a barrister stuck Parking Eye for £1500 for his preparation time when they went after him for overstaying in a motorway service area.

They didnt bother to turn up to press their claim once they found out who he was,

if they had they may have well got into an argument that would put every parking co out of business.

 

It would be worth noting the case as the defence was the charge was against the consumer rights act.

We have touched on this before but as yet it hasnt been tested

and with PE running away we still dont know whether they are unfair contracts.

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  • 2 weeks later...

UPDATE

 

As mentioned we sent the set aside to Hull County Court and also asked VCS to show us the contract that authorises them to take people to court on behalf of the landlord - no response from them so far.

 

Unfortunately, getting the set aside information to the right people has proven to be very difficult.

 

Hull County Court rang us to say that this matter had to be dealt with by Salford, and posted it to them.

 

 

After some digging around I found that it must have gone to the Business Center in Northampton,

I rang them to see if they had received it.

 

 

I was told that it wasn't on their system yet so they couldn't tell me if they had it and therefore I couldn't pay the £255 over the phone.

They said it would take up to 14 working days before it would appear on their system and advised me to call back in a fortnight.

 

About 10 days later we got the application back as we hadn't paid the £255.

Their letter said we should send it back and then either send a cheque or call them to pay over the phone on their Helpdesk.

If we had any queries we were to email them (No email provided) or call the Helpdesk.

 

Thinking this would take much longer if we sent a cheque we opted to post the application back and ring them to pay the fee of £255.

Unfortunately it has proved impossible to get any replies when we ring them as they disconnect after a minute of trying to get through.

We tried for hours at different times of the day on several days and still couldn't get through even once!

 

We're now waiting for them to send the forms back so that we can resubmit them and enclose a cheque - what a nightmare!

 

Is this a common thing or are we just unlucky?

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unlucky in as much as you haven't had things made easy for you by way of the courts service explaining what they want.

 

You can hand deliver anything to your local court and it will be forwarded so presume you didn't enclose a cheque to start off with.

 

As it was a default judgement then that would be Northampton/Salford that made the order ultimately the matter will be sent back there and then reallocated to your local court if there is a hearing .

 

If it is done on the papers it will be dealt with by salford again.

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  • 4 weeks later...

This website is not displaying properly for me so I hope you can read this.

 

UPDATE - We received a letter from County Court Busienss Centre dated 20 September informing us that "

 

To all parties - This claim has been transferred to the County Court at Kingston Upon Hull for that court to deal with the defendants application to set Judgement aside.

That court will send you and the other parties notice of the time, date and place of hearing."

 

They cashed our cheque at about the same time.

 

Today we received a letter from CCBC saying they had lost our set aside documents and could we resubmit them?

I rang Hull County Court and they said the documents weren't there.

 

Good grief, what do we have to do to get this through?

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  • 2 weeks later...

In my enclosing letter to the Hull County Court I mentioned that the original documents had been lost and that Northampton had sent a letter to us to confirm that the case would be transferred to Hull County Court and I attached copies of those letters.

 

Having had no reply for over a week I rang today to be told that until Northampton transfers the case back to Hull there's nothing else that Hull Court can do.

 

I have today emailed the scans of my second set aside application to Northampton.

 

They have 79 Google reviews with a 1.3 star rating...this doesn't look good:-

https://www.google.co.uk/search?q=northampton+county+court+business+centre+&oq=northampton+county+court+business+centre+&gs_l=psy-ab.3..0i67k1j0l3.4030.5360.0.6101.7.7.0.0.0.0.209.677.5j1j1.7.0....0...1.1.64.psy-ab..0.7.676...0i22i30k1.0.Dyf-es1Fe14#lrd=0x48770edcabfb72bb:0x5704e1794e01afd0,1,,

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exactly what do you think that a google rating of a computer is worth?

Do you think that there is an alternative?

Can you imagine the courts servcie suddenly dropping judges from the criminal justice system because felons didnt like the sentences being handed down?

 

Instead of playing on google looking for random things concentrate on finding out about things that actually matter such as past cases relevant to yours and then copying them so you have them for reference when you do get your day in court.

 

Think about this a bit more carefully and discriminate between pointless rubbish and what is relevant

There was no need for you to send anything to them anyway, it will just be sent back to Hull

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UPDATE - We got another letter on Friday from Northampton Business Centre to say they were transferring the case to Hull, which is exactly the same letter that we got dated 20 September 2017, so I guess they must have got our email.

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so you wait to hear from Hull rather than doubling your output to palces that arent involved.

When you have a date you go and give evidence in person,

VCS wont turn up to this,

they will hope to beat you in round 2 of the match,

where you have to do a bit of work to counter their agruments.

 

However, they may not even bother to insisty on a new hearing,

preferring to let you spend your money getting the CCJ cancelled rather than risking a much bigger costs order

ask for the hearing fee to be paid by VCS as the claim has no merit,

they knew it was issued to the wrong address and thus their action was unreasonable etc.

Edited by honeybee13
Paras
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UPDATE

 

We have had an email from BW Legal (acting for VCS) enclosing a Consent Order which means we have to agree to there being no hearing,

and that we have to give up any costs that we might be entitled to.

 

We have to sign this order and return it to them.

If we don't do this we have the chance of losing in court,

which will be very expensive for us,

and they will show the judge the email (!!!!) giving us the chance to 'settle out of court' almost.

 

I think this is a very fair offer from a bunch of pirates, but it's time to meet them on the high seas - in court.

 

Please advise what I should do next. My instinct is to completely ignore this wonderful offer....

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which is why we said NOT to give them an email.

 

you ignore them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so you didn't put it on any returned court forms nor copies to them?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No we didn't.

 

the only people who got our email were Northampton Business Centre when we emailed the Application to them.

 

They must have forwarded our email to VCS or BW Legal.

 

This must be contrary to the Data Protection Act?

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they are saying they agree to the rematch but dont want to pay your hearing fee and still expect you to pay them somehting.

 

Up to you but I think you would be mad to accept this offer and only do what the court tells you to do.

 

they know that they got a duff CCJ and it is going to come back and bite them so hope you are frit of going to court

 

You already know that costs have occurred,

they dont get any extra

so they get no more than that and you get the CCJ expunged and that is the worst case scenario.

 

What is more likely is they lose, cost their clients a fortune for their shoddy advice and you walk away with your costs recovered and no CCJ

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