LBC from BW Legal - advice please

KeithP

Back on 19th September you were asked:

Do you have a claim form? Yes or No

You didn't answer.

Have you ignored a Claim Form from the County Court Business Centre?

I explained that i thought that i would be invited to court before any decision was made - apparently that is not the case.

A Claim Form invites you to Defend yourself.
It appears that you have failed to do that.

KeithP

I see you have now edited your most recent post to add something about a wrong address:

...on the basis that the letter went to the wrong address - which is the case.

Care to expand on that?

Did the Claim Form get sent to the wrong address by the CCBC?

Or what?

SingStar101

update - i've just checked and this is legit as the CCJ is showing on my credit rating and has damaged my credit score

SingStar101

Yes the letter went to the wrong address, although i did obtain it.

I was pre-occupied with dealing with BW legal and therefore didn't respond to the letter from CCBC - i'm an idiot i know - but i work away all week so was trying to sort things in a limited time frame.

I have been entirely ignored by BW legal so can't prepare a defence without the information i requested. I'm concerned now that my failure to respond has rendered me defenseless.

CCJ has been applied.

nosferatu1001

Of couse you can prepare a defence
Same as everyone does. Standing, signage, failure to achieve keeper liability. Theres three before you even start.

Your failure to respond to the court claim form is what left you "defenceless". As long as you pay witihn ONE MONTH of the judgement you can clear yrou credit file, otherwise you will have to PRAY that a "consent" set aside will work.

You focused on a soiicitor instead of what was important 0- the claim form. Treat it as a valuable life lesson.

SingStar101

Hi folks

Update - i have now received a letter of apology from CCBC as they didn't actually ever send me the initial claim form! I didn't recall ever receiving it, but as explained previously i work away so have limited time to deal with this when home.

I have now been given the opportunity to prepare a defence. However, i have already paid the fine, because i was told that i had missed the deadline to appeal. I believe i am entitled to have this money returned to me as it was obtained under false pretences - i was led to believe that failure to pay would result in a CCJ and, as indicated above, that the appeal cost was £250 and that any appeal would over-run the month i have to pay. A CCJ was duly applied, so i paid the fine, despite it being bogus.

The problem is, the error is from CCBC, but i have paid BW legal. I have contacted CCBC and asked for them to return the money to me as it was their procedural error which led me to making the payment under duress. I've had no reply, but have been issued the claim form with a revised date by which to reply.

Your advice would, as always, be very much appreciated.

Best wishes

SS

Coupon-mad

Same as all the others the CCBC are apologising about, you will surely have seen this on several threads now if you've been reading and following other defence threads like the regulars here do every day.

Email BW Legal with a copy of the CCBC apology letter and ask for a cheque refund within 7 days as you are defending the claim which is disputed in full.

BTW what date was on the claim form that was never sent...13th Sept? Or when?

nosferatu1001

No, you HAD a CCJ, s you paid it

The CCBC will under no circumstances pay you! Foolish to think they would.
You defned, and if you win, you get it repaid.

SingStar101

Yes, 13th September was the date.

Thanks and will do.

SS

Coupon-mad

BW Legal will have to refund, otherwise they are holding monies they are not entitled to.