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Messages - paulswhitt

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1
Hi,

It would appear VCS decided it wasn't worth the court fees. I just received this from the small claims court.

"Good afternoon,

I can confirm that the Claimant has filed a Notice of Discontinuance with the court on 17 September 2024, the hearing has been vacated and the claim will not go ahead. A notice should have been sent to you by the Claimant."

It would appear VCS are just hot air as suspected. No surprise their communication never reached me.

Very appreciative off all of your help and support.

2
Hi,

Thank you for your advice, I have sent the letter you provided to the court.

Please find a link to the PoC:

https://imgur.com/a/EX4fxn5

Every correspondence I received from VCS has been at least 10 days after the date on the letter. I assumed this would be the case again.




3
Thank you as always for your advice.

I still have not received the documents from the claimant, which were meant to have been delivered by 4pm on 24th September.

what would you suggest I do as it's preventing me from starting my witness statement?


4
Hi,

It's been a while since my last update.

I have now received my notice of allocation to a small claims track hearing. Alongside this, I received a letter from VCS attempting to settle and threatening me with additional costs for solicitors.

https://imgur.com/a/EX4fxn5

Any advice in terms of how to proceed next on both accounts would be appreciated.

thanks

5
I was thinking the hearing would be where I make my full defence. This is the same defence I have used throughout the process so far.

I wasn't the driver so my answer would be 'no'.

7
Well folks, it looks like VCS are seeing this one through. I now have my Notice of Proposed Allocation to the Small Claims track.

It seems like I have no choice but to fill this form out and expect to be heading to court to defend this case.

Couple of questions

Mediation (offered in form) - is this a route to go?
Suitability for determination without a hearing. Do I consider the case to be suitable for determination without a hearing? Yes or No

Any advice on preparing for court and getting my defence in order would be very welcome

Thanks as always

8
Hi,

This is the email response from ELMS Legal?

In response to you first question, the £70 debt recovery fee does not have any VAT added or included.

Secondly, the principal debt is for a breach of the terms and conditions displayed on site at Bristol airport, to which is states ‘no stopping’. As the vehicle was stopped for an unreasonable amount of time, a charge was issued.

If you have any other queries please let us know.

9
Thanks all, appreciate your input.

Letter is sent


10
Well it didn't take long to receive my next correspondence, this time from ELMS Legal

https://imgur.com/a/nJ41kfR

Here's my proposed letter by reply

https://imgur.com/a/WJbSL37

Would welcome your thoughts / suggestions

11
Thanks for your help, I'll be back soon no doubt!

12
The date on the letter is 30/01/2024.

There is no postal system in the world that takes this long to deliver a letter.

The last 2 letters have been received after the deadline given in the letter, which is deeply suspicious.

They could have walked it here quicker than it would have taken by post.

13
Hi,

I have received my next letter, which is a 'Letter Before Claim'. No surprises it arrived after the deadline.... Apparently, it was posted on 30/01 and yet it arrived 01/03...

There are some forms that I have been given to complete. You can see the forms here.

https://imgur.com/a/cDS4uHL

Should I complete them?

Is there somewhere to refer to for guidance on answers? There are different sections depending on how I choose to respond.

They are also asking intrusive questions about my financial situation which I will not respond to.

Thanks in advance


14
Hi,

There are no forms, just the letter.

Here is the letter I sent to them further to H C Andersen's helpful advice:

https://imgur.com/a/VtbuxXc

This is the email I received back that does not address the point I made in the letter...

"You appealed on 17/11/23, and we replied on 22/11/23 rejecting your appeal, using the email address you used in your original appeal

A copy is attached below

In the auto-response we sent, you were advised to add us as a contact so our emails did not go to spam or are rejected

Our reply to your appeal advised we would accept £60 by 6/12/2023 or £100 by 20/12/23

It also stated “Failure to pay this charge within the stated times may result in Debt Recovery Action being taken and further costs up to an additional £70 being incurred

As neither payment was received we have continued with our action, and the charge now being £170

We have followed our processes correctly, and we are satisfied the charge was issued correctly, and so will not look to reduce or cancel it at this time."




Here is a link to the Final Demand letter I received from VCS

https://imgur.com/a/uqnTm43


They gave me 7 days to pay.. I received the letter on the 8th day..

Thanks again


15
Hi,

A quick update,

I received a final demand letter this morning 26/01/24. The letter was "posted" on 18/01/24 with a 7 day deadline to pay. I continue to be amazed how long it takes this company to get a letter to me from the apparent "posted" date. I couldn't have met this deadline even if I wanted to.

In this letter county court proceedings have been threatened.

Apparently, they will be seeking outstanding balance + court fees, solicitors fees and statutory interest.

Any idea how much could this end up costing?

Thanks again for your help

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