10p didnt register now rec'd court papers

rk4406

Ok i will, i read in another post if you win you can claim £19 per hour for the time you have spent on all of this? Does that float anymore or not?

Loadsofchildren123

You can only claim costs in small claims if other side conducts themselves unreasonably. CPR 27.14(2)(g).
Plenty of examples of unreasonable behaviour:
Failure to comply with Practice Direction - Pre-Action Conduct paras 3 and 6
Defective Particulars of Claim that are incoherent (COR 16.4)
Refusal to answer questions (CPR 18 and the ore-action practice direction)
Late service of documents
Etc

rk4406

Hello all you lovely people and especially Coupon-mad!


About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.


So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


Awaiting your reponses if you have advice please?

Umkomaas

You've succeeded in painting them into a corner. From recollection it's often the BWL strategy to phone to check if a settlement can be reached a short while before court, and if no settlement they discontinue.

You need to contact the court to check that they have received the discontinuation notification; if they haven't you need to turn up at the court, or risk a default - even if BWL have made an admin slip-up and not notified the court.

Wait for advice from others as to whether you can make any claim for costs at this stage.

When all this has died down, you might want to consider if you might also have a claim against Excel for using your details in breach of the Data Protection Act. So do plenty of research and see how other claims (in the pipeline, but not yet progressed to court) pan out.

Have a read of Timothea's thread here as a starting point:

https://forums.moneysavingexpert.com/discussion/5585388

Coupon-mad

rk4406 wrote: »

Hello all you lovely people and especially Coupon-mad!


About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.


So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


Awaiting your reponses if you have advice please?

Yay - you have done it!! :T:T

beamerguy

rk4406 wrote: »

Hello all you lovely people and especially Coupon-mad!


About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.


So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


Awaiting your reponses if you have advice please?

Well done you :j

As Umkomaas said, confirm this with the court.
Once confirmed, it's over but it's just the start for you if you wish to persue a DPA claim

You know, when brains were being handed out, they clearly missed BWLegal completely

The ball is now firmly in your court now

Fruitcake

Well done. As above, check with the court that it has indeed been discontinued.

Being the sort of person I am, I would send them a cheque for 10p as a gesture of goodwill, and to help cover their costs.

pappa_golf

Fruitcake wrote: »

Well done. As above, check with the court that it has indeed been discontinued.

Being the sort of person I am, I would send them a cheque for 10p as a gesture of goodwill, and to help cover their costs.

but the full amount was paid , sending 10p would be an admittance of non payment

rk4406

Yes court have had the email too and have advised me that an order will be sent out to me, advising me that its all finished. Thank you for that advice Umkomaas.


Thanks Umkomaas, Coupon-mad and everyone else who advised but it is you who all helped me get to this outcome. As you read above I had my doubts.
Im so sorry Coupon-mad that you spent the time writing my Witness Statement, which I was quite excited to present in court. But im very glad that I don't need it now.


In relation to my costs, unless I could charge the £19 per hour for my time spent, maybe some photo copying/ stationary costs that I couldn't really prove I wont have much to submit. But if anyone else thinks different please advise.


Thank you again and ill have a read of that link in relation to DPA.

The_Deep

Why not invoice them for your time at £19 an hour, If they fail to pay issue an LBC and if they again demur an actual claim. You have very little to lose and can cause them a huge amount of hassle.