VCS/BW Legal - writing defence

beamerguy

MadHatter752 wrote: »

I just don't think I can do this. I don't mind the paperwork side but I petrified of being in court and speaking... might just contact the BMPA to see if anyone is available... it's a bit last minute but i've got to try.

Hey Mr Hatter, you are not going to be executed

Dress up smartly and it will be just like walking in to a hotel reception area, you book in, take a seat
Maybe the claimant legal will try to talk to you which is fine as long
you don't agree to any c*ck eyed idea or say anything that is
different to your WS .... DON'T accept any pressies from them in the form of papers unless it's their P45 or resignation letter

When you go in to see Mr/Mrs Judge it's very casual, sit at a table and the judge will probably have a laptop.

Be courteous and refer to the judge as Sir or Madam
Follow their lead, they will fully understand you will be nervous.
They are just normal people

You will win

MadHatter752

Hey Mr Hatter, you are not going to be executed

Its Mrs Hatter actually :rotfl:

Thanks Beamerguy... I appreciate all your support... obviously I have no idea what to expect but you are putting my mind at rest a little.

beamerguy

MadHatter752 wrote: »

Its Mrs Hatter actually :rotfl:

Thanks Beamerguy... I appreciate all your support... obviously I have no idea what to expect but you are putting my mind at rest a little.

Sorry Mrs Hatter

It's no big deal, stick to your guns, be polite and you will be
fine

I would suspect that whoever turns up for BWLegal will be
more nervous given the fact of their history of losses recently

You will do it

MadHatter752

beamerguy wrote: »

I would suspect that whoever turns up for BWLegal will be
more nervous given the fact of their history of losses recently

Hope so! Just gotta prep like a boss now and make sure I'm up to speed with everything in my bundle!

beamerguy

MadHatter752 wrote: »

Hope so! Just gotta prep like a boss now and make sure I'm up to speed with everything in my bundle!

Of course, Loadsofchildren has been great along with the others

Going to the dentist is far worse than this ... promise you

Coupon-mad

LOC123's idea is a good one though - very late discontinuances do happen:

https://forums.moneysavingexpert.com/discussion/comment/72762608#Comment_72762608

MadHatter752

The only thing I'd say is that in her draft it said I wouldn't pursue any costs and I want to!! If I put that I can't ask the court to look at my costs can I

Coupon-mad

No, so it must be your decision as to the way forward.

[Deleted User]

The only thing I'd say is that in her draft it said I wouldn't pursue any costs and I want to!!

The point of LoC123 proposed email is that the offer not to pursue your costs is in return for them dropping their claim is the "value" of the offer to them. It is known as a "drop hands" with each side taking their own hit. Or, to look at it another way:

i'm going to win if we fight this, but we all can't be bothered. I'll surrender the £100 I want at the end if you swallow your silly costs of starting this thing...

They are not going to abandon and pay you. So that means that if you want your costs you need to be committed to a hearing and claiming your costs. Whilst we can be confident of good well reasoned arguments and many forumites win more than they lose, this is still litigation - final hearings are uncertain and depend on the vagaries of the assigned judges etc etc.

As Coupon says, it's your call how you proceed, but don't do so in the expectation of a definite win as there is always (to use the technical term) "litigation risk" to both sides.

MadHatter752

Thanks everyone.

Johnersh wrote: »

As Coupon says, it's your call how you proceed, but don't do so in the expectation of a definite win as there is always (to use the technical term) "litigation risk" to both sides.

This is true and on this basis I have emailed BW Legal this morning telling them if they drop it by 12pm Monday I won't pursue costs so they've got all day to decide!! If it gets to that deadline I've got time to pull everything together for Court the next day.... let's see how this pans out.