BW Legal - Offer Letter to Settle

Lamilad

Great to hear about the discontinuance, well done! BW Legal are so transparent and pathetically predictable that it's truly embarrassing!

Or it would be but they're so consistent in their incompetence that they must be 'unembarrassable'!

beamerguy

Lamilad wrote: »

Great to hear about the discontinuance, well done! BW Legal are so transparent and pathetically predictable that it's truly embarrassing!

Or it would be but they're so consistent in their incompetence that they must be 'unembarrassable'!

If only they were intelligent enough to even understand ?
Sadly they are not

Lamilad

We have gone through the process of DQ and allocation to my local court etc.

Sadly, any attempt to claim your costs up to discontinuance is likely to fail due to the above, and CPR 38.6(3)

"This rule does not apply to claims allocated to the small claims track."

In order for the court to even consider your costs claim you'd have to make an application and pay the correct fee of £255.

Until recently you could attempt to get round this by writing to/emailing the judge and asking them to issues a costs order, using their own 'discretionary' case management powers.

But it seems the HMCTS have cottoned on to this and issued instructions to the courts informing them that the decision to accept an application via letter/email, rather than the prescribed form (N244) is up to the judiciary but the decision to charge a fee is not. This lies solely with HMCTS - and court staff must collect the correct fee for all relevant applications. :undecided

StanHowe

Lamilad wrote: »

Sadly, any attempt to claim your costs up to discontinuance is likely to fail due to the above, and CPR 38.6(3)

"This rule does not apply to claims allocated to the small claims track."

In order for the court to even consider your costs claim you'd have to make an application and pay the correct fee of £255.

Until recently you could attempt to get round this by writing to/emailing the judge and asking them to issues a costs order, using their own 'discretionary' case management powers.

But it seems the HMCTS have cottoned on to this and issued instructions to the courts informing them that the decision to accept an application via letter/email, rather than the prescribed form (N244) is up to the judiciary but the decision to charge a fee is not. This lies solely with HMCTS - and court staff must collect the correct fee for all relevant applications. :undecided

Thanks for this, oh well I suppose I cant complain really I haven't had to pay a penny.

The_Deep

There is no reason why you cannot complain to your MP and the MOJ however. PPCs are abusing the system and using the threat of court to get the gullible to pay up.

Coupon-mad

Lamilad wrote: »

Sadly, any attempt to claim your costs up to discontinuance is likely to fail due to the above, and CPR 38.6(3)

"This rule does not apply to claims allocated to the small claims track."

In order for the court to even consider your costs claim you'd have to make an application and pay the correct fee of £255.

Until recently you could attempt to get round this by writing to/emailing the judge and asking them to issues a costs order, using their own 'discretionary' case management powers.

But it seems the HMCTS have cottoned on to this and issued instructions to the courts informing them that the decision to accept an application via letter/email, rather than the prescribed form (N244) is up to the judiciary but the decision to charge a fee is not. This lies solely with HMCTS - and court staff must collect the correct fee for all relevant applications. :undecided

But do we think all local courts have even read that, and isn't it worth trying a letter anyway, Lamilad?

Lamilad

But do we think all local courts have even read that, and isn't it worth trying a letter anyway, Lamilad

Certainly doesn't cost anything to send an email/ letter. I'm not sure any court would not take notice of guidance issued by HMCTS.

I think the op will receive a reply similar to this one:
https://www.dropbox.com/s/gdp928w4oj852l6/FB_IMG_1505951544195.jpg?dl=0

Coupon-mad

Interesting! I still reckon I would try the letter anyway, for the sake of a stamp!