Letter of Claim from BW Legal

Loadsofchildren123

nosferatu1001 wrote: »

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"

No:
1) told August hearing wasn't going ahead and there'd be a new hearing
2) court did not inform parties of new hearing on 12 Sept
3) consequently nobody turned up so it was struck out.

I'd say that BWL has a good chance of persuading the court to allow a hearing, on the basis that neither party was informed of the new date. If an order is made in the parties' absence it usually says on the bottom that you can apply within x days to vary it. Not sure if that applies to a strike out on the basis of a no-show. Is this wording on your order?

I'd also say that BWL could re-issue - arguably it wouldn't be an abuse of process because, whilst the claim has been struck out, this occurred because the court omitted to inform either party of the new hearing date.

So, yes, I think you remain vulnerable to a claim.

The advice you had to seek your costs in relation to the first failed hearing is, I think, an application for the court to pay your wasted costs of turning up, because it failed to advise you the hearing was adjourned. BW didn't technically do anything wrong, although they should certainly have copied you in on their letter to the court seeking an adjournment. Other parties should always be copied in on correspondence to the court. I think this is in the CPR but haven't got the time to look it up.

tor140

Loadsofchildren123 wrote: »

I'd say that BWL has a good chance of persuading the court to allow a hearing, on the basis that neither party was informed of the new date. If an order is made in the parties' absence it usually says on the bottom that you can apply within x days to vary it. Not sure if that applies to a strike out on the basis of a no-show. Is this wording on your order?.

No wording anything like that, just a GDPR paragraph.

So do you think it'd be worth me sending a letter to court to explain I was not informed of the date, hence why I did not turn up or just wait for something from BW or court to turn up ....if it does.?

Coupon-mad

I would wait and see, because BW may not get around to challenging it.

Loadsofchildren123

tor140 wrote: »

No wording anything like that, just a GDPR paragraph.

So do you think it'd be worth me sending a letter to court to explain I was not informed of the date, hence why I did not turn up or just wait for something from BW or court to turn up ....if it does.?

Don't do anything - if you write then you will add evidence that the parties weren't told about the new date. The PPC may not bother to reissue/fight the strike out.

tor140

Thanks, apparently the CC has a 75 day back log of correspondences which might be why I've not heard anything.

tor140

Loadsofchildren123 wrote: »

Don't do anything - if you write then you will add evidence that the parties weren't told about the new date. The PPC may not bother to reissue/fight the strike out.

Hi, I'm moving house around the end of the month, following the strike out I haven't heard anything from PPC, BW or Court, but concerned it's still not all over.

Should I still inform the PPC of my change of address (write to their DPO?) Should I also be sending letters to BW and the court of the change of address as well just in case?

Thanks,

Le_Kirk

You should send an e-mail to the DPO, as you say, informing them of the new address as and from and requiring them to ERASE your old data. In the subject header put Data Rectification Notice. You could tell them to inform their agents. For the court, I guess just a letter informing them of a COA. However, I would be setting up mail redirection, especially given your reported backlog at the court.

tor140

Coupon-mad wrote: »

I would wait and see, because BW may not get around to challenging it.

Hi all, wonder if you could help some more.

I've had a 'Notice of Adjourned Hearing' set for next year, but just wondering if this is likely due to PPC re-issuing claim or appealing the Strike Out from the 'September' Hearing, or if this is still just part of the long backlog of correspondence from the original vacated hearing back in August!

nosferatu1001

No idea. Call the court and find out.

tor140

nosferatu1001 wrote: »

No idea. Call the court and find out.

Unfortunately they're no help, they didn't even know that the September hearing was going ahead. Will just have to turn up and see what happens. I thought that maybe as that claim no. had already been struck out they should have had to issue a new claim no. to start another hearing.