VCS ANPR PCN claimform - berkeley precinct sheffield

[rabialioness]

i have done all that as stated in post 74xxx, just on last page now and unsure as to which options to select as i have mentioned above

[dx100uk]

you are doing AOS not defence yet..

 

read things carefully

and like threads...100's of PCN claimform threads here.

 

no-one else has ever had an issue with following our guide before.

 

dx

 

[brassnecked]

Just needs barebones 3 - 4 line outline defence bullet points  no flowery detail needed until later.

[dx100uk]

On 02/06/2020 at 12:28, rabialioness said:

Date to submit Defence - 29th june 2020

 

do not fill you defence yet...

 

dx

[rabialioness]

sorry dx, your advice is clear, its just me , i dont want to make any mistakes and just want to make sure i dont select wrong  option.

i am  on this page and its just the last two that i am unsure of and the signature box

Acknowledgment of Service - Summary & Statement of Truth

Step 4 of 5

Claim Number: xxxxxxxxx

Defendant: xxxxxxxxx

Those fields marked with * are mandatory.

Your Unique Reference

 

Personal Details

First Name

 

Surname

 

Intention

I intend to defend all of this claim.

Statement of Truth

 I am the Defendant 
 I am a Litigation friend 

 

 

I confirm I have read the Acknowledgment of Service guidance  

 

 

Signed

[dx100uk]

as our guide already says

defend all

 

and obv as it says on the claimform...you are the defendant.

 

 

 

[rabialioness]

thanks dx100uk

AOS submitted

 

one last query,

should i request the CPR31.14 from vcr by writing to them or emailing them, or either

 

is cpr31.14 request the same as sars?

[FTMDave]

A SAR is a request for all the information they have on you, a CPR request is more specific and deals with documents relevant to their claim.

 

Never use e-mail, if they have your e-mail address it lets them send documentation one second before the deadline to catch you out.  Make them use snail mail.  When you send your CPR request (dx's post 74), get a  free certificate of posting from the post office.

Edited June 7, 2020 by FTMDave

[dx100uk]

follow poat 74 link!!

 

dx

 

[rabialioness]

thanks again dx100uk , initially , i just clicked on the first link which took me to the gov. info page.

i have now selected second link and have all the info necessary to request cpr, which i will post tomorrow.

 

[dx100uk]

Read things carefully then..

 

Now get reading up so you dont continue to make these silly schoolboy mistakes you keep unnecessarily tripping into

 

Dx

[rabialioness]

 will do,

i just get panicky

 

[dx100uk]

test only

[rabialioness]

i have today received a letter stating

 

Judgement for Claimant (default)       

 

 You have not replied to the claim form 

it is therefore ordered that you must pay the claimant £160 for debt (and interest to date of judgement) and £25 for costs (less £0 which you have already paid)

you must pay the claimant £185 forthwith

 

Warning,

if you ignore this order your goods may be removed and sold, or other enforcement  proceedings may be taken against you. If this happens further costs will be added.   If your circumstances change and you cannot pay, ask ath the court office what you can do.

 

i have not received any other court letters or sars request since i forwarded my mcol claim.

 

i am confused as to why i have received this, i was expecting a court date and sars  request letters.

i though i might not have submitted mcol claim by mistake, but i have checked my account on there, and the claim for was submitted. on 07/06/2020 .

 

any advice on next step to take appreciated, 

thanks to all who have helped previously.

 

 

Edited July 8, 2020 by rabialioness

[honeybee13]

Hi.

 

Did you file a defence after you acknowledged the claim on MCOL?

 

HB

[brassnecked]

Looks like they didn't submit a defence if AOS was done was it not made clear how to respond to a Claimform.  By not submitting a holding defence  Simple has a Default Judgment and little hope if no hope for a Set Aside.  Only option is to pay the judgment within 20 days to be safe otherwise its bye bye Credit rating for 6 years.

[dx100uk]

On 02/06/2020 at 13:35, dx100uk said:

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

……………...

 

lots of vcs berekeley claimform threads here

use our search top right.

 

get reading up.

 

 

 

way back last month you were told not to miss your defence filing date.

and not to await return of any requests you sent out..

 

dx

[rabialioness]

i did follow instructions as dx100 post above.

 

by completing AOS on the mcol website , i thought that was all i needed to do. and by doing that i was filing defence,  and i had received confirmation on mcol  account

 

i was not aware and it had not been made clear to me (or if it had i misunderstood) how i could file any further defence.

i thought i had to wait for court date to file a defence or correspond any further

Edited July 9, 2020 by rabialioness

[brassnecked]

No you acknowledge the claim, then you submit a short holding defence by day 33, usually 3 lines is sufficient, by not doing that Simple got  his payday, with little or no option but to pay it within 28 days of Judgment or have trashed credit for 6 years if its Registered.

[rabialioness]

i thought i had to complete AOS by 33 days, and that was my reply to the  claim form

 

can i apply for judgement to be set aside?

[dx100uk]

15 hours ago, dx100uk said:

you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

you didnt read the full post of our claimform response template then...^^^

 

nor did you read the full posts of the link where you originally gave us the details of the claim.

 

in red at the top it says you do not wait to file a defence etc.

 

sorry but numerous times here i pointed out you were making schoolboy errors from post 1 .

but it didn't sink in...

 

anyway.

not much you can do now unless you want to risk another £255 that you might not get back to set aside the default judgement.

 

get the CCJ settled NOW as it cheaper and it will not show on your credit file and hurt you

you have 28 days from the date on the default judgement letter.

 

[rabialioness]

i beleive that paying the full £185 is my only option now to prevent any further hassle and headache

 

[brassnecked]

Do it now, if you don't psy it within the 28 days the Judgment is Registered and shows on your Credit Files for 6 years.

[FTMDave]

Unfortunately paying the £185 is the least worst option..

 

You could apply for a set aside, but not only does it cost more at £255 but you also have to give the judge a reason why you didn't file your defence when you were supposed to.

 

You could just not pay, but that would lead to six years of a trashed credit file.

 

Best to take it on the chin and be ready if the same thing ever happens again, when it will be essential to read what is written on the court form and respect any deadlines the court sets (something dx repeated upthread). 

[ericsbrother]

No, you will get the set aside but you will have to pay the fee as stated.

 

If you go for that you had better get scribbling down what your defence is gonig to be because it will be needed to show that you have a reasonable chance of winning.

 

having a hopeless case is the only way of not being granted the set aside.

You can go for summary dismissal of their claim at the same time.

 

part of your defence should be the penalty aspect for their supposed costs after the event.

 

see the OPC LEWES case