CCJ Issued Missing Letters! PAS BW Legal - Blackpool Bond Street Parking Attendant Scam

KeithP

So to answer your question "Is this CCJ more scaremongering or legit?"...
it is legit.

These three lines from your Claim History need further investigation...

General sanctions order was made on 07/10/2020
Your defence was rejected on 30/10/2020
Defence was struck out on 30/10/2020

That would not have happened without the Defendant being notified at the time.

You need to find out what has happened and why you didn't hear about it.

Has the Defendant changed address without telling both the CCBC or the Claimant?

jdplly

Thank you so much Keith. We have not been notified of any of this.

The last letter received from the Court was October 2018 to acknowledge receipt of our defence. Then we did not receive anything else until 2020 when BW Legal started sending their letters again. 

The defendants address has not changed at all.

How do you recommend we proceed from here?

KeithP

jdplly said:

How do you recommend we proceed from here?

As I said...

KeithP said:
You need to find out what has happened and why you didn't hear about it.

Start by asking the CCBC where they actually sent the missing stuff.
May be best done by email rather than phoning - or at least confirming any phone call with a follow up email.

Coupon-mad

As above, ask the court where they sent the DQ. 

Why did you ignore a ‘repeat DQ as it wasn’t from the court’? What do you mean you ignored DQ stage?

You only had to download a DQ to be sure not to miss that stage, as the NEWBIES thread link to bargepole’s court procedures guide says. 

jdplly

Coupon-mad said:

As above, ask the court where they sent the DQ. 

Why did you ignore a ‘repeat DQ as it wasn’t from the court’? What do you mean you ignored DQ stage?

You only had to download a DQ to be sure not to miss that stage, as the NEWBIES thread link to bargepole’s court procedures guide says. 

Thank you, will be contacting them first thing Monday.

The repeated DQ was from BW Legal. As advised we waited for our own DQ from the court. As this has been going on for 7 years now when one didn't come we assumed the letter from BW was just another threat. We had already submitted our DQ with the court in 2018 to which they acknowledged receipt of our defence so didn't realise we'd have to do another one  

Regardless we have not had anything at all from the Court so can't imagine where it has all gone! 

Coupon-mad

jdplly said:

Hi, hope someone can give some more advice. Following my original post we didn't reply to BW as advised. 
In the letter received from the Court acknowledging the receipt of defence in September 2018, it states the claimant must contact the court within 28 days or the claim will be stayed. It also says the only action the claimant can take will be to apply to a judge for an order lifting the stay. This passed and we heard nothing from the Court, just a letter in October 2018 from BW saying they intend to continue and enclose a copy for the Directions Questionnaire. Does this mean the claim wasn't stayed?

We never received a DQ from the Court.

But you said above you never received a DQ from the court.  

I think the court never sent you one, and that In 2020, BW Legal downloaded one out of the blue, which made the court think these were posted out to both parties in 2018 but they never were.

I am not sure why MCOL says they posted one in 2020 to you, ask where they sent that? 

Check with the court whether I am right, tell them this is what you believe happened and that you were never in breach of any Order at any point.

Get the name of who you speak to and escalate it to the Court Manager if you are fobbed off with ‘’oh it’s too far on the past to check but we must have sent them out, look, BW Legal got theirs’’. 

Get all names. Ultimately you may have to apply to have the CCJ set aside and ask the court to Ordef the claimant to pay back your court fee for that, when you attend a hearing to set the CCJ aside. 

You must act promptly.  CCJ set aside will not be possible unless you do (this month it must be applied for).

Redx

It's not a court , it's a government office , no court was ever allocated !!

The claim form pack , your defence , the claimants DQ reply , and hopefully your DQ reply were or should have been logged by the CCBC ( no Idea why you think they are a court ?  ) , It's a business centre , government office administering MCOL for England and Wales , they have to locate these administration offices somewhere !!

You may think this reply is pedantic , but in legal matters , words matter , so please call it what it is , the CCBC !!

Phone them up tomorrow , find out what happened , where the log jam occurred , now that you have your claim history , which you should have been checking weekly throughout !!

1) Find out what sanctions were applied

2) Find out why the defence was struck out

3) find out why your N80 DQ was never logged

4) find out if and how you can fight it , if any method exists

We cannot tell you , so we cannot advise you either , you need answers from the CCBC , not us , follow all the advice given this month , the advice so far !!

jdplly

Thank you so much for your help @Coupon-mad - I think you're right, around 2018 looking at the forums now there were many cases unstayed by BW Legal, I bet we're not the only ones to have been burned! 

Rang the CCBC this morning, the man I spoke to was basically no help at all. Said yes we sent three different document, that's the address we sent them to, we didn't send any of them signed for and refused to help any further.

So I'm going to follow up this conversation up with an email to escalate it to the Court Manager as advised.

Thank you as well @Redx

Sorry for being unclear! Yes I'm referring to the CCBC. I will put your questions in the email and hopefully get some more answers soon

jdplly

CCBC are in receipt of my email and will respond in 10 working days. The BW Legal letter says if we don't pay the CCJ in 14 days they will instruct a County Court Bailiff via a warrant of control. 

So we're just weighing up our options here. My father is not likely to need a mortgage etc in the future and due to health reasons isn't really in a position to attend a Court hearing. We defended ourselves originally for the fact we had done nothing wrong and belief that it wouldn't get to the court stage. We obviously never thought we would be issued a CCJ without our knowledge either!

Absolutely hate to ask this as it means those absolute animals win, but based on the reasons above, should we just pay the CCJ and be done with it?

If we do, that's it isn't it? Am I right in thinking we pay the one fee (nearly £300) and BW/PAS can't continue with the claim?

Coupon-mad

CCBC are in receipt of my email and will respond in 10 working days.

Send BW Legal a copy of the CCBC's response and tell them that, because a solicitor's first duty is to the court, you are sure they will note the fact you are making a N244 application and won't be issuing a Warrant of Control under the circumstances and if they apply for a Writ, you will ask to have that stayed as part of your application.

Don't wait TEN WORKING DAYS just for the CCBC to tell you nothing. Forget the email to escalate it.

Put in a N244 application in my view and set aside the CCJ.