Letter of Claim from BW Legal

Coupon-mad

GeoStar1 wrote: »

Hi, is anyone with a knowledge of court procedures able to advise:

I turned up to the hearing to be (eventually) told the hearing was vacated. I have called the county court but they are unable to give me any information. The court manager on the day said he'd had an email from BW Legal to say they have made a complaint and got the hearing vacated and apparently set for another date but the court cannot give me any information.

The Claimant did not turn up to the hearing as somehow they new it was not going ahead, but don't understand why the court didn't know.

I was told I can write to the court to complain and try and recover costs for the wasted day, but now I'm in limbo with no idea whats going on!

Can I write to the judge to ask them to strike the case and how would I go about this? I suspect BW are messing about as they new they were going to loose.

Why? I would say you have missed an important thread.

Sounds like it's just caught up in this lot of 'stayed' cases and they COULD all be struck out if BW Legal fail to convince the Judges about the alleged costs:

https://forums.moneysavingexpert.com/discussion/60068503

Can you make that hearing on 11th November to support CEC16 and see for yourself what the issue is about and why so many cases have been stayed? It will help you if you go along to watch, and pm CEC16 in advance. You might even be able to be a witness (see below) to show the court why the Judge is RIGHT about the fake costs and that all these cases should be struck out.

It's not my area but I will try to attend if I can but certainly can't promise to be able to make it. We need a few posters to attend that one, who have BW Legal cases hanging, as it will help CEC16 and it's an important battle to win that COULD see yours and lots of other cases kicked out.

Your case is definitely stayed until after that date so no point writing to complain, it's something that has to be heard first. However you COULD write with knowledge of that hearing, and ask if yours can be added in so you can be a witness. Are you up for that?

And ask for your costs to be reserved for the first hearing because the C failed to tell you they had moved to get it vacated.

Never mind that 'it has to be over'. It might well be! But ONLY after November.

tor140

From what I have been told by the court helpline, it was vacated due to a complaint BW sent to the court due to being given only 12 days between receiving notification of small claims track (hearing) and the hearing date itself. I'm not sure it has anything to do with the above and has not been 'stayed' as far as I am aware, but great if it is, should I not have been informed the case has been stayed rather than just the hearing vacated?

Coupon-mad

I reckon write to the named Judge, by post, and set out your costs (wasted costs for that hearing - put them formally into a COSTS SCHEDULE like in the NEWBIES thread) and ask for them to be 'reserved' because the Claimant did not inform you about their complaint and they knew the hearing was vacated.

Then do a second paragraph saying that it is in the public domain that there is an order (quote it from CEC16's thread) and say you would like your case tacked onto that one or be allowed to attend as a witness to show from a Defendant consumer's point of view, why Parking Firms cannot add fake costs to inflate a claim, and that you have BW Legal letters that may assist the court...

Finally ask that even if you are not entitled to bring evidence to that hearing, you wish to attend as an interested party and wish for the Court to clarify whether your case is actually stayed at the moment, in a group of similar claims, due to the November hearing?

Send a copy to BW Legal as well, in the interests of open dealing.

That case is important so if we can get a group of Ds to attend, it will really help you all as we need to tip the balance back against BW Legal.

You just know BW Legal will send someone who is legally trained and we NEED consumers to go along who have Southampton claims at the mo, from BW Legal, and can show all the various ways they and the PPCs have described the so called £60 add on costs that were never paid.

We know how to show this and can coach you both. I am exchanging pm's with CEC16 and can with you too, as I am concerned that court is too far for me to get to myself and park in time and go over the evidence about those fake costs, beforehand.

tor140

I have already sent the cost claim to the court as suggested by beamerguy back on the 9th, so can write again, but take it I shouldn't ask for costs again. Guessing I could still write as above to the Judge himself and just 'refer' to previous letter regarding cost?

Coupon-mad

Do as advised and just refer further to your costs schedule already sent, then add the words I suggested if you are up for making a difference, you and CEC16 giving this a good go as consumers. You need to find all the letters you had and find where that £60 was variously described as 'debt collector costs' as I know it will have been.

tor140

Hi, so the weirdness continues and I have some questions, court helpline has no idea what's going on either when speaking to them.

I've just received a letter (luckily redirected to new address as CC still won't acknowledge any correspondences) that stating:
'Before Judge... sitting at R C J -
Upon both parties failing to attend
IT IS ORDERED THAT
1. The Claim is struck out
Dated 12/09/19.

Does that mean that I should have attended on the 12th? I nor the claimant had any confirmation of the new hearing date after it was previously vacated.

Does this mean it's over or will the claimant likely appeal and request another hearing?

Really not sure what to do, court will not respond to any letters or emails I've sent, nor to the emails or calls the court help line has sent.

tor140

Hi, any advise on the above? Should I just leave it or would it look best if i send a letter to the court explaining I didn't attend as I had no idea the hearing was going ahead?

Just worried in case that back fires and opens the case back up or is it once its struck out, even though no correspondences from court were sent, they can only re-open the case by the claimant setting aside the Judgment?

beamerguy

Well, because the legal and you did not attend, the court could not judge either way and hence struck it out and that really is the end of it.

The weirdness continues .... YES .... doubtful they will try it on again

nosferatu1001

So to summarise
1) You were told the 12th wasnt going to go ahead
2) The court thinks it did go ahead
and
3) as a result the claim was struck

It depends what you want
If you wanted a hearing to dsicuss costs - tough, that wont happen anymore
If you just wanted to win, then youve "won"

tor140

nosferatu1001 wrote: »

If you just wanted to win, then youve "won"

That's about all I wanted to know :rotfl:

Was just not sure what could happen, bearing in mind the court had not informed anyone of the new date of the hearing, would the claimant be able to complain or set aside the Judgment and get a new hearing date or would they need to start the whole process again right from LBC stage? Just wondered if I need to still keep on the lookout for the next 6 years:(