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VCS Spycar PCN PAPLOC, now default judgement - Hire Car - me named - no stopping - Southend Airport


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This is bad news.  It's not a judgement will be issued, it's a judgement has been issued.

 

You should have received a claimform from the court giving you the right to defend.

 

Is it possible this went to a previous address?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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So you've moved since you sent your last snotty letter?

 

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 as far as I'm aware

 

after I sent simple Simon my snotty letter last year based purely on your advice, a good few months passed and then I start hearing from ELMS Legal with a letter or two max asking me to settle the outstanding debt etc.

 

Then I receive this today.

I did actually write on one envelope "no longer at this address, return to sender" a few weeks ago with an address I recognised as referring to this claim and posted it back, but that was their only one. Maybe that was the one that contained the LBA then. 

 

What's my options now, either pay the sum requested or just swallow a CCJ?

And a CCJ only affects ones credit rating etc right?

 

Thanks in advance

 

I just checked this register for £6 and indeed there is a CCJ for £257 against me lodged on 1/4/2021

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You must have had court papers before this you have not defended ...they have won without zero effort your only way

 

I’m guessing is getting it

 

so you can retrial

 

others can help you in this but if you defended it and list it would have only cost you €200 plus it would have cost them in getting solicitor.

 

 

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^^^^^^:noidea:

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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1 hour ago, northmonk said:

I just checked this register for £6 and indeed there is a CCJ for £257 against me lodged on 1/4/2021

 

what is the address the CCJ is registered too? the address where you live now?

 

1 hour ago, northmonk said:

I did actually write on one envelope "no longer at this address, return to sender" a few weeks ago with an address I recognised as referring to this claim and posted it back, but that was their only one. Maybe that was the one that contained the LBA then. 

 

so you have never received a large brown A4 windowed envelope from norhants bulk court?

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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Yes registered to my current address. And no I've definitely never received court documents in a large envelope as you describe, only 2 letters from ELMS Legal one of which I posted back with "no longer at this address" hoping they would just get lost. The next thing I hear is this

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tomorrow go ring northants bulk

ask for a copy of the judgement CCJ AND a copy of the Claimform by Email PDF. there poss could be a small charge.

if they state they do NOT have a copy of the claimform ask them to copy and paste the particulars of claim into an email along with the SERVICE ADDRESS the claimform was sent too.

 

bottom line is your need the EXACT contents of the particulars of claim poc and the details of the address it was served too.

RECORD YOUR CALL.

 

comeback here with the POC please.

 

 

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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I was just reading about getting claim set aside

 

you need to have reason I’m presuming wrong address can be valid but what about if papers are genuinely lost in post .

 

I have had court papers delivered to my house for a totally different street about a mile away I did post them to the person but not everyone will but I think the letter saying no longer at this address may cause problems if you sent to elms legal.

 

Also I’m going to add the dash cam footage of this airport - it was very poor weather and at early morning so dark speed 17 mph.

 

you can read the signs especially it saying private car park.

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Essexman is this your thread?

 

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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it would be far better to create your own topic by hitting create in the top red banner 

then we can move your posts to your topic and put a link here in nortmonk's thread for ref.

it will get far too confusing otherwise.

 

the Op won't need to file a defence, but deal with a set aside process, yours will be different.

 

thankyou.

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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  • dx100uk changed the title to VCS Spycar PCN PAPLOC, now default judgement - Hire Car - me named - no stopping - Southend Airport

Ok dx I phoned Northants bulk and the clerk emailed the attached POC pdf.

 

I can confirm that the service address is my correct address. He said that even if I appeal through the set aside process, I would still have to pay £255 in fees etc, is this the case?

 

The CCJ is £257 which is only £2 more so maybe easier than the whole appeal process just to pay it then?

 

Alternatively I could just ignore paying it and have a CCJ for 6 years against me since I'm unlikely to need any credit in that time anyway.

 

Thoughts?

POC.pdf

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thats why simple simon bumps up any court claim with fake unicorn food tax costs so its the same as set aside cost.

makes people think exactly like you do. 

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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Share on other sites

But I was fighting this claim thanks to you lot and your help last year.

 

I genuinely don't know what happened to the court papers or the LBA that preceded it, and can only assume that it defaulted due to my having returned one envelope unopened back to ELMS Legal that maybe contained the LBA etc.

 

A costly lesson although I'm inclined to just ignore it and swallow the CCJ for 6 years rather than give them a penny!

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At the moment you have paid nothing to VCS. But they will come after you eventually and possibly with bailiff charges on top if you don't pay.

 

The difficulty you have is that while they perhaps have conned you by saying they sent you the summons when they didn't, you can hardly argue with that as you told them you weren't living there. On the other hand, if they were told you weren't living there, why did they send the documents there?

 

Whichever way, because you have been caught in a lie, there will be difficulties in Court should you wish to challenge.  What date did they say they sent the summons to you and does that tie up with the letters you returned .

 

If you pay the charge within 30 days from when the CCJ was issued then the CCJ will be extinguished and nothing will be registered against your credit record. If you don't pay then it will affect your creditability  for at least 6 years and VCS can still come after you for the £257.

 

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can only be court bailiffs and vcs will have to return to court and ask the judge ...and they are to all intent powerless. no right of forced entry  at all.

 

 

 

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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Generally regarding the default judgement....lets clear up a few things.

 

6 hours ago, lookinforinfo said:

The difficulty you have is that while they perhaps have conned you by saying they sent you the summons when they didn't, you can hardly argue with that as you told them you weren't living there. On the other hand, if they were told you weren't living there, why did they send the documents there?

 

that does not matter at all..'they' the fleecers, do NOT send the claimform.

 

the fact the OP returned 'whatever' letter(s) from the fleecers makes no odds whatsoever to why nor can have any bearing upon, the sending or not of a claimform by northants bulk to the advised address.

 

the claimant or their acting solicitors make a request to northants bulk court to issue the claim. telling someone that you don't live there does not allow the court to dispense with issuing one, no matter what the claimant says. it must happen. 

 

now how do we deal with this one...

the OP has confirmed northants bulk sent the initial claimform to the correct address, where it went is now not the problem.

 

the problem is as LFI correctly pointed out is a time limit now applies to what you do ..28 cal days+5 for service , so call it 30...the options are:

 

i. pay £257 within that timescale and it has zero effects going forward. this is the only way to ensure it is totally closed and erased.

ii. let that time expire and live with the multitude of other issues it will have, as well as possible enforcement, bailiffs are explained above, there are also others enforcement options, but we've never seen them used in a Speculative invoice judgement to date.

iii. set aside - cost £255 - no guarantee of success.

 

more on set aside....

there typically 2 criteria that need to be met to raise a set aside 

1. a beyond reasonable doubt cause that explains why the defendant did not physically get the claimform i'e the claimant sent it to an old address when the correct address was already notified in writing prior to it's issuance or an admin error by the court etc etc. ignorance, by the defendant in doing the above if moved or of the actual form is ...not such.

 

2. a basic defence as to why the defendant does not owe the sum explained by the claimforms particulars of claim.

 

as it stands...

1, we are already sadly on dodgy ground..we don't know, neither will the judge, where it's gone, it's service address has proved correct, it's not what happened agreed..but for all the judge would know .. the defendant could have simply ignored it. a big hurdle without answer....wheres that claimform?..

 

2. a basic defence, there is probably more worth in arguing the claimed sum contains for want of a differing term 'unicorn food tax' sums which are not allowed, thus the claimed sum is wrong... than going down the route of ...the invoice was issued in an area that is governed by xxxx, in that i mean, byelaws, road traffic laws etc etc..those are all 'paperwork' issues and are somewhat trumped by the default judgement, much like no signed credit agreement exists, in consumer debt default judgements.

 

my musings

 

the choice is the op's...the deadline is 28th....

 

 

 

 

 

 

 

  • Like 1

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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good now you've all read that.. one final point which i purposefully didn't include above..

 

this is simple simon...mr henshaw-smith..the master of out witting everyone from birth ...  to make money... always one step ahead...

where's this claim gone too....crack that..you'll win or lose the case.....

 

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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Share on other sites

Thanks for that dx. I agree proving the points in a set aside will be difficult given the service address is correct etc. And given that I'd save £2 even if I did win the set aside case, hardly merits the effort involved anyway.

 

The moral of the story, as far as I'm concerned, is that I should open every piece of post in future related to these issues rather than using the tactic, which it was, of pretending I no longer reside at said address. I'll take this one on the chin and phone the court and settle up rather than face the hassle of related ongoing issues with bailiffs etc in the future.

 

It really sticks in my craw though that I was merely, innocently dropping a passenger at Southend airport in my line of work and now have to pay some shyster 250 quid thereabouts for the privilege! That's a bitter spill to swallow but also I have to accept my own part in how that backfired and not repeat such mistakes going forward.

 

Thanks for all your help on this one folks, I'm making another donation as no doubt I'll need your expertise in the future doing this kind of work!

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Well said and thank you for the donation. :)

 

As you've seen, unfortunately if you pretend not to live where you are, people like PPCs won't worry about getting a CCJ against an old address. In fact an uncontested case makes it easier for them.

 

HB

Illegitimi non carborundum

 

 

 

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Sorry it went the wrong way, but keeping all paperwork is paramount especially where VCS is concerned. He would invoice a Q plate Mobility Scooter if the rider stopped where they have cameras or an operative  pushbike if ever they had to have numberplates.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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