VF & Small Claims

[AndyOrch]

Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau

[ShaneG2009]

Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau

 

Thanks all, I'll get the complaint in next week. I'm not going to hold back so let's see what kind of response is forthcoming...

 

Cheers

 

Shane

[Ganymede]

Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

[AndyOrch]

Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

 

 

Shane is the claimant Gany there is no CCJ.

 

 

Andy

[Ganymede]

Shane is the claimant Gany there is no CCJ.

 

 

Andy

 

 

 

Oh yeah. Oops.

[Mike_hawk]

Shane

 

Any costs in the case, either way?

[ShaneG2009]

Shane

 

Any costs in the case, either way?

 

VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

[Mike_hawk]

VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

 

Bit of a pyrrhic victory for it then

 

Sometimes a business defends just because it has the means

Edited January 6, 2014 by Mike_hawk

[ShaneG2009]

Bit of a pyrrhic victory for it then

 

Sometimes a business defends just because it has the means

 

Indeed it was, i would imagine the costs associated with the employment of Riverview Solicitors, the whole court process and then the barrister attending court are significant.

 

Thinking about that actually makes me a bit happier in defeat.

 

I'm pulling no punches in my compliant to the Court over the Judge's poor performance. I'm in the mood to ruffle some feathers

[ShaneG2009]

Hi Andy

 

I have finished my complaint letter. Before i submit it can i ask you to read through it to ensure it is 'correct'?

 

Thanks

 

Shane

[ShaneG2009]

Actually, now i have refreshed my memory on my claim and the hearing i think i have grounds for appeal

[mjt2013]

Go on...

[ShaneG2009]

1) VF did not provide evidence of their ETC calculation

 

2) They defaulted me without providing a calculation or even providing my with basic customer service or explanation of the sum levied

 

3) The ETC levied by VF ignored Section 73 - 79 and Clauses80.3.2, 80.3.3, 80.3.4, 80.4 and 80.5 of OFCOM's guidance. OFCOM state ignorance of these points would in their opinion lead to a breach of Schedule 2 of the UTCCR. I am assuming OFCOM wrote their guidance with the help of legal professionals so is therefore legally sound (places great emphasis on the OFT vs. Banks ruling on similar charges).

4) The Judge largely overlooked / ignored this important point of law - grounds for appeal i believe?

Shane

[ShaneG2009]

Update

 

Complaint went in on the 17th January and has today been acknowledged by the JCIO.

 

I went down the complaint route to start as an Appeal generates a further £115 payment. I was wondering if in the SCT there was a mechanism for retrail so i am waiting to see a response from the JCIO which i can expect within 15 days.

 

I will update everyone as and when.

 

Thanks

 

Shane

[ShaneG2009]

JCIO will respond by 10th February.

 

Oxford CC are on notice that my decision on appeal is delayed until the outcome of the JCIO investigation.

[mjt2013]

What do you mean the court is "on notice"? You have a set period in which to appeal otherwise you'll need specific permission to appeal out of time, you can't really say you're going to mull it over for longer.

[ShaneG2009]

I issued a letter to them stating my decision on whether or not to appeal would hinge on response of JCIO. The reasoning for that was the JCIO will comment on whether the presiding Judge made procedural errors in the original hearing...va va voom.

[mjt2013]

I know, I'm just making you aware that telling the court doesn't change the rules.

[ShaneG2009]

I am aware.

 

My position is the Judge broke their own rules in the first hearing so they at the very least need to acknowledge this. They had my letter well in advance of the 21 day 'appeal' process expiry so are aware whats going on

[Ganymede]

Unfortunately not having time to read the trial bundle isn't uncommon.

[ShaneG2009]

I have appealed (or at least filed the Appellant Notice)

[Ganymede]

I have appealed (or at least filed the Appellant Notice)

 

 

 

Did you get you appeal application in within the 21 days time period??

[ShaneG2009]

I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers

[Ganymede]

I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers

 

 

 

I hope your right although I fear you don't really have any legal grounds to appeal but good luck anyway.

[ShaneG2009]

I think i do

 

I am sure the OFCOM Guidance was drafted with the assistance of senior legal professionals (they can't have done it and released it for public consumption without taking such advise). As you probably know that document lists several elements a CP needs to adhere to for their ETC's to be deemed fair. If they dont there is a fair chance they have breached UTTCR and that is my point.

 

Grounds for Appeal are that Judge Payne didnt even read this part of my bundle (admitted on tape) so he's missed key points of law in handing down his order. There is at the very least a debate to be had.

 

I copied in OFCOM to my appeal as well...