BW Legal Letter of Claim

jtotheb

OK, so I've now received a Claim Form from Northampton County Court Business Centre so need to take some action. I have 14 days to respond.

Help please!

Also, the claim is in my wife's name (as she is registered keeper of the vehicle) but I've been acting on this on her behalf up until now. I'm struggling to get her to keep her nerve on this (I'm a little more 'accustomed' to the court system myself). I presume if it goes to court, she would need to attend?

KeithP

The first thing the Defendant needs to do is the Acknowledgement of Service.

Guidance on exactly how to do that is in the second post on the NEWBIES FAQ sticky thread.

Perhaps looking at this short video might help ease the tension:

www.youtube.com/watch?v=n93eoaxhzpU

jtotheb

Just completing the AOS now. I've used a MCOL logon in my name that I've used previously (not the defendant's name who is my wife). When I'm on the personal details page, it asks for "Defendants full name (if different from that on the claim form)". Could I change that to me if I wanted to? ie. could I defend this claim instead of my wife? I'm pretty sure I can't but I wonder why they give you an option to put the information in?

Also, despite me asking BW Legal over and over again to serve anything against my new address, they have chosen to raise this claim against our old address. However, I can't change this information. Any idea what I should do?

KeithP

No, you cannot change the Defendant to a different person like that.

Why on earth did you use a different MCOL login to that provided on the Claim Form?

I foresee trouble ahead.

nosferatu1001

No, you cannot change who the defendant is.

You include your new address in the defence
You then tell BW Legal AGAIN that they have served to an old adderss, and you DEMAND to know why
1) They have not maintained their data records, an offence under the DPA2018
2) THey have failed to use the last known address for service when filign the claim, whcih I believe is perjury as the claim form requires they confirm this when filing the claim.

jtotheb

KeithP wrote: »

No, you cannot change the Defendant to a different person like that.

Why on earth did you use a different MCOL login to that provided on the Claim Form?

I foresee trouble ahead.

You can set up an MCOL account under any name, but I did use the claim number and password from the claim form I received. That's not a problem is it? I can't see there needing to be any linkage between an MCOL logon and the defendant's details.

jtotheb

nosferatu1001 wrote: »

No, you cannot change who the defendant is.

You include your new address in the defence
You then tell BW Legal AGAIN that they have served to an old adderss, and you DEMAND to know why
1) They have not maintained their data records, an offence under the DPA2018
2) THey have failed to use the last known address for service when filign the claim, whcih I believe is perjury as the claim form requires they confirm this when filing the claim.

Further ammunition in my defence when I write it?

Redx

jtotheb wrote: »

You can set up an MCOL account under any name, but I did use the claim number and password from the claim form I received. That's not a problem is it? I can't see there needing to be any linkage between an MCOL logon and the defendant's details.

the MCOL login is done to do the AOS, ideally be the named defendant

after that , the defence is emailed in as a pdf attachment to the ccbcaq address , including the name of the defendant and the claim ref as well

then the online login is checked to see its progression, nothing more

the defendant WILL have to be present at the hearing in court, if it gets that far, but you can act as a lay rep (or whatever the legal term is) and assist on the day

if they fail to pay the court fee later down the line, there wont even be a hearing , or if they discontinue before the court date and time

Coupon-mad

You need to set a new one up in your wife's name, to do the AOS. No ifs and buts.

KeithP

jtotheb wrote: »

I can't see there needing to be any linkage between an MCOL logon and the defendant's details.

Whether you or I can 'see the need for any linkage' matters not one iota.

Do you know that there is no such linkage?