Letter of Claim from BW Legal

otherguy

Hi,
Can you please guide me in getting a copy of the lease from land registry?

thanks

tor140

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.

beamerguy

You see, BWLegal got the hump about a Southampton case where their claim was dismissed over ABUSE OF PROCESS.
Their appeal hearing is in November.

Until then, nothing will happen

YES send your costs to the court for your wasted time, they have invited you to do so.

All revolves around this
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

tor140

Thanks beamerguy, so do I just wait until the court sends out new papers with another hearing date? According to the court manager at RCJ, (not my local CC) BW seemed to already know a new hearing date had been set, hence why they didn't turn up, but the court enquires line has no records, just that it's been vacated!

Can the Claimant now issue new/further 'evidence' on top of their existing WS?

beamerguy

tor140 wrote: »

Thanks beamerguy, so do I just wait until the court sends out new papers with another hearing date? According to the court manager at RCJ, (not my local CC) BW seemed to already know a new hearing date had been set, hence why they didn't turn up, but the court enquires line has no records, just that it's been vacated!

Can the Claimant now issue new/further 'evidence' on top of their existing WS?

The hearing in November will determine if BWL are entitled to claim a further £60 on top of the parking charge.

There is a law in place, POFA2012 which says they cannot plus the courts own rules about double recovery will apply.

We will wait to see. You now wait for further info from the court.
If they attempt to change the current WS, then you could ask the court for the case to be struck out.

In the meantime, claim your costs

GeoStar1

I have a hearing at Southampton on 16th Oct with BW Legal. It will be interesting to see if I have the same experience as tor140.

beamerguy

GeoStar1 wrote: »

I have a hearing at Southampton on 16th Oct with BW Legal. It will be interesting to see if I have the same experience as tor140.

If you have stated ABUSE OF PROCESS ... probably yes

You must go, if they fail to appear, you claim your costs

tor140

beamerguy wrote: »

If they attempt to change the current WS, then you could ask the court for the case to be struck out.

In the meantime, claim your costs

I have already submitted my WS, is it now too late to write to the court and ask them to strike out the claim as I've since noticed some fairly big holes in their evidence and errors in their witness statement.

beamerguy

tor140 wrote: »

I have already submitted my WS, is it now too late to write to the court and ask them to strike out the claim as I've since noticed some fairly big holes in their evidence and errors in their witness statement.

You have already asked the court ....
the Court is invited to dismiss the claim

You will have the opportunity to highlight the flaws to the judge

tor140

I'm still waiting any response or paperwork from the courts, and now in a bit of a difficult situation where I cannot wait any longer so considering just settling. Not really wanting to go into details, but suffice to say this needs to be over.

There's a lot of confusing information about how to go about this, is there a 'safe' way I can pay having obviously already defended the claim and been issued to small claims track, or am I now stuck with waiting for court papers to come back through with a new hearing date? (IE could I still now 'admit' through MCOL and just pay it?)

Just worried if I pay I'll still end up having to go to court as they do not seem to be responding or acknowledging any correspondences (apparently they are at least 10wks behind on any paperwork etc.)