Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #141
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    You can see from the VCS contract that their agreement lasted for 3 years from January 2012. That could possibly explain why the registered owner is different from the one shown on the VCS contract.
    However it happened, the contract you have posted above is no longer in force and has not been since 2015.


  2. #142
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    no reason to send it to BWL unless you are told to.

    where did you get the flowery language from?
    Is that how you speak at home?
    If not use plain english in its commonest form

    By asking for an assessment of costs you may well have landed yourself with a bill that you otherwise wouldnt have to pay.

    Quote Originally Posted by Pagemaster View Post
    Thanks for your reply.

    We applied for a set aside and according to their witnesses evidence received in the letter today
    "the Claimant respectfully requests that the Court set the Judgement aside and summarily assess the Claimants costs occasioned from the same on the standard basis".

    We have created a draft witness statement which was sent to the court.

    Do we now amend that and send it to the court and to BWLegal?

    I'm a bit confused as to what we have to do next here.
    Owned by sackville Property select Ltd so does the person who signed VCS up to rook people on their land have permission to sign anything?

    Again, you need to push that point in your WS so they can show an unbroken chain of authority but dont overwork it,

    the judge may decide that as agents they do have the authority without VCS having to produce it and if you have spent all of your effort on that point and not paid enough attention to the other bits the old saying " I prefer the evidence of" may be trotted out.

    Quote Originally Posted by Pagemaster View Post
    I have the Land registry info which I am reading through, but I don't know what I am looking for. The car park is mentioned. I attach the PDFicon. Can you help eb?



  3. #143
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    That is not my flowery language eb,
    I was quoting from the letter that they sent me.
    They have asked the court to grant the set aside.
    So the assessment of costs is their request.

    We have already submitted our witness statement with the draft defence.
    BW Legal have already referred to it in their witness statement which came with the letter.

    Quote Originally Posted by lookinforinfo View Post
    You can see from the VCS contract that their agreement lasted for 3 years from January 2012. That could possibly explain why the registered owner is different from the one shown on the VCS contract.
    However it happened, the contract you have posted above is no longer in force and has not been since 2015.
    Yes i noticed this but the 'offence' date is 17 Nov 2014.


  4. #144
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    Sorry about that Pagemaster.


  5. #145
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    Quote Originally Posted by lookinforinfo View Post
    Sorry about that Pagemaster.
    No problem - thanks for checking anyway.


  6. #146
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    So, I have a few questions which need to be answered and I'm hoping that members of the forum can help here (again).

    1. My partner is not British and therefore her understanding of written English isn't too good. She does speak English reasonably well. Will the court allow me to speak for her whilst she is present?

    2. Our defence is based on the fact that VCS created a ccj against the keeper and not the driver, and that we have heard nothing about this until long after the event. We also have asked for proof that they can take people to court on behalf of the landlord, and it seems that their proof is signed by an agent of the landlord. Can we still use this defence? We will also be claiming that the 54 that was added on to the ccj cost was not allowable.

    3. We are compiling a time line of events which led to a total time of 7 months being required to get our application for a set aside into the court.

    All sorts of delays were caused by the DVLA,
    Northampton Business Centre,
    Hull Courts,
    that fact that she doesn't read English very well,

    the fact that we spent a huge amount of time dealing with 3 different mortgageicon brokers in this 7 month period trying to get a mortgageicon,
    more time was spent trying to sort out the car finance which was turned down due to the ccj,
    the offer from BW Legal to settle for 150 had also to be considered,
    plus the time spent talking to the CAB.

    Add to that the fact that the NBC also lost the forms, and it's easy to see how this all took so long.

    I have spent a lot of time on here too,
    trying to find the best course of action on hundreds of threads (for which I am eternally grateful to you guys for your help).

    4. VCS have said they will recommend to the court that the judgement will be set aside at the hearing.
    How does that affect our strategy?

    We're in court 2 weeks today, so any help you can give will be appreciated.
    Thanks in advance.


  7. #147
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    1. who was the judgement against? If her then yes, you can be her lay rep.

    2. You are asking for a set aside, whoever has the CCJ is the person who progresses this. Driver/ keeper/pet albatross- doesnt matter.

    3 irrelevant, it all starts again if you get the set aside and then you can apply for costs on a reasonableness test if you win the rematch

    4 they are trying to limit their exposure to costs.
    that will not change anything if they then wish to continue with the original claim.

    If they say they are dropping it you are most likely to end up with all the coats UNLESS you can prove that by claiming against the keeper they had no cause for action.

    As they dont use the POFA then yes,
    that may well be unreasonable,
    depends on what the judge thinks.

    They may well accept a liklihood keeper was driving but you have a very good argument regarding this,
    as you never got any paperwork you couldnt name the driver at the time ans since there was no keeper liability their action IS unreasonable.

    Try and find out if the occupier of your old house sent the letters back.
    If they did VCS are sunk on this point.

    You then can sue them for damages as a result of their breach of the DPA but this is separate from this matter

    I thought this had all been made clear before


  8. #148
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    Thank you again eb - we really appreciate your help!

    Does that mean that there will be a hearing for a set aside and then another hearing if they start again?

    It's highly unlikely that my partner was driving the car at the time because she was in her shop,
    which is opposite the car park,
    on that Monday afternoon.

    Had she gone out the shop would have had to have been closed.
    Also, she has a car parking place behind her shop,
    and would not need a car to cross the street to go shopping in the VCS car park.

    Also, there are 3 people who could have been driving her car on that day, including herself.

    I will try to contact the old address and see if they remember anything but it is 3 years ago now.

    Thanks again eb.


  9. #149
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    why don't you answer the questions you are asked
    instead of always forgetting and asking more questions every time....

    dx

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  10. #150
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    The only question I was asked was who was the ccj made against, which was my partner.


  11. #151
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    ok get the point..sorry

    the set aside process needs two things to make it happen...
    a reason to set aside the CCJ
    and
    a defence for the initial claim which led to the CCJ

    that will be at a hearing yes, most probably.

    if you succeed and the claimant wants to run things further

    then its as if all that didn't happen
    so it will take the course of any normal claimformicon issuance again.

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  12. #152
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    Ok, thanks for that information.

    We have provided a reason to set the judgement aside and a draft defence.

    The claimant has already stated that they want to set the judgement aside (according to their witness statement), so we think they will try to claim for their costs for having to appear at the hearing. Does that sound right to you dx?


  13. #153
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    Default Re: VCS/BW PCN Nov 2014 - St Andrews Retail Park -- found CCJ served to old address

    wont get costs eitherway in a set aside hearing AFAIK.

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