Letter of claim from bwlegal

Palec

Yes, MCOL is updated as defence received 4/10/2018, received letter by post from HM Courtd&Tribunal service dated 4/10/2018 which states''I acknowledge receipt of your defence. A copy is being served on the claimant ( or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wished to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Palec

First positive news noticed: Within last few days only one voicemessage instead of 3 per day from BWL.
Will see if they decide to proceed...

Palec

No news, yet.
Will keep you informed. Thank you all for your support.

Palec

https://imgur.com/a/D9TI1Gw

Palec

Hello Everybody, see latest letter from BWL. They sent me also how to manage my account paper plus income&expenditure form. I feel these people just do not know when they should stop and it is shame in my case I believe I have to face their distressing actions and dealing with their letters, which takes time. I am really considering counterclaim not to withdraw my defence, but do not need additional distress really, it is not good for family. Any suggestions what to do in this stage? I am not withdrawing anything and of course replying to this, either. I am not sure if I can use limitation defence from when I logged in my defence as suggested, but really am considering to seek compensation in the same amount they are requesting ( in my thoughts)...
I will wait and stay calm for now, thank you for your help.

Palec

Claim History
Your acknowledgment of service was submitted on 22/09/2018 at 21:47:39

Your acknowledgment of service was received on 24/09/2018 at 01:05:09

Your defence was received on 04/10/2018

beamerguy

Palec wrote: »

https://imgur.com/a/D9TI1Gw

Without Prejudice (“WP”) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. ... “Without prejudice save as to costs” offers may be used as a tactic to put pressure on an adverse party.

Why would they reduce this by £119 ?

If BWL were convinced they would win, the last thing they will do is give money away.

Think about it ?

Palec

Yes you are correct, they know cannot claim solicitors fees in minor claims court, so I made the point, they reduce it, but final figure is weird, but am not prepared to pay anything unless court made me to.

Coupon-mad

Palec wrote: »

https://imgur.com/a/D9TI1Gw

Saw that on someone else's thread last month.

Any right-thinking person might conclude that it is especially misleading to encourage a litigant in person 'YOU WILL NEED TO WITHDRAW YOUR DEFENCE' and that their defence has 'little or no prospects of success'.

Of course you are not going to withdraw that defence, it's a decent one!

Keep logging those phone calls if you wish to make a complaint to the Information Commissioner about this excessive use of your data to harass you when you have clearly defended it in a meaningful way. You do not need phone calls and letters telling you that you have no case and to withdraw your defence and to try to make you fill out intrusive financial information when you have actually defended the claim properly.

I suspect your MP would find that letter shocking.

Palec

I find it very rude and offensive te resend me expenditure form again, too. I believe there are people out there who will better pay than this for sure, but I am not one of them. Thank you for your support. If I have no small child at home, would do counterclaim instead of withdrawal of defence, but no time for this.