BW Legal Stayed Claim - Newbie please help!

Winterday22

Hi so I'm new to the site so bear with me. I have read the newbie thread but could'nt find advice regarding this particular topic.


So I submitted a defence on 16 October. I logged on to MCOL and the defence is sitting there. I have had no further correspondence from the Northampton Business Centre or any Directions Questionnaire as expected.


I have however had 2 letters and 2 phone calls from BW Legal. The phone calls I ignored. They left messages asking me to call back. The first letter offered a reduced rate to pay. It also showed a counter-defence and said that they intended to take me to court if I did not pay the reduced rate by 17 November. So I ignored this then received another letter a few days ago. This referred to the 1st letter, and again offered me a reduced rate but did not offer a deadline to pay it by.


I called the Business Centre today as I wanted to know if they had furthered the claim. They told me that the claimant had not responded within 28 days and therefore the claim was stayed. They sent me paperwork to get the claim struck out but this will cost, if successful, £100 without a hearing and £255 with a hearing.


So my questions are:


1) How likely is it that BW Legal/PPS will apply to lift the stay on the claim?
2) Is it worth the money trying to get it struck out?
3) Does this mean they have lost interest in this claim?
4) Should I still be prepared to go to court?
5) How much does it cost to lift a stay?


Any help would be appreciated. Thank you in advance.

Castle

Winterday22 wrote: »

So my questions are:


1) How likely is it that BW Legal/PPS will apply to lift the stay on the claim?
2) Is it worth the money trying to get it struck out?
3) Does this mean they have lost interest in this claim?
4) Should I still be prepared to go to court?
5) How much does it cost to lift a stay?


Any help would be appreciated. Thank you in advance.

1) It will cost £100 to lift the stay without a hearing and unless BW Legal/PPS can show that they did send the DQ and that the court has lost the form, they won't get the £100 back.
2) No; if the judge refuses, you lose the £100.
3) No they're just incompetent.
4) Impossible to say; see 1) and 3) above
5) See 1) above

Winterday22

Thanks for that. I will just wait it out. I just wish they would either take me to court or discontinue it. I hate that it's hanging over my head.


Now that there is a hold on the claim - could that potentially just sit there until the 6 years has passed since the ticket was issued?

beamerguy

Winterday22 wrote: »

Thanks for that. I will just wait it out. I just wish they would either take me to court or discontinue it. I hate that it's hanging over my head.


Now that there is a hold on the claim - could that potentially just sit there until the 6 years has passed since the ticket was issued?

It is a drag we know but unless they pay the £100, the courts will only give a period of time and they will strike it out.

Bear in mind that BWLegal has made a nuisance of themselves with the courts with their stupid claims, they will not be the flavour of the month or anytime