BW Legal - Any help very much appreciated...

Le_Kirk

The named defendant has to attend court, you can, of course, appear as a McKenzie friend or a Lay Rep. Ask Auntie Google the difference.

The_Deep

They are claiming considerably mre than the law entitles them to, have you read this?

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Also complain about it here.

http://www.sra.org.uk/home/home.page

and to your MP if you have not already done so.

didgeridoooo

I read that in entirety last night. Excellent. I have post 14 noted in my doc to go back to and use (reworded) when I write my defence. I still have to do the AOS, but going to give it a few days closer to the deadline (without missing it!) because I have so much going on at the mo and I need time to write a darn good defence.

didgeridoooo

Oh, PS - I am actually considering a counter claim. I have lost (invested actually, but forcibly so) God knows how many hours, I kept a rough diary and it's WELL over 120 hours of reading, researching and writing, and I haven't even defended yet. I know most people don't counterclaim, and it can be rejected by the court, but I am sorely tempted. I would love to reverse this little game on them in any way possible.

waamo

didgeridoooo wrote: »

Oh, PS - I am actually considering a counter claim. I have lost (invested actually, but forcibly so) God knows how many hours, I kept a rough diary and it's WELL over 120 hours of reading, researching and writing, and I haven't even defended yet. I know most people don't counterclaim, and it can be rejected by the court, but I am sorely tempted. I would love to reverse this little game on them in any way possible.

Keep a track of your costs. You can ask for costs, you don't need to counterclaim.

You don't always get them as costs are generally limited but it doesn't hurt to ask.

If you can show evidence of the other sides unreasonable behaviour that goes a long way as to whether they are awarded or not.

beamerguy

didgeridoooo wrote: »

Oh, PS - I am actually considering a counter claim. I have lost (invested actually, but forcibly so) God knows how many hours, I kept a rough diary and it's WELL over 120 hours of reading, researching and writing, and I haven't even defended yet. I know most people don't counterclaim, and it can be rejected by the court, but I am sorely tempted. I would love to reverse this little game on them in any way possible.

Your best bet is to provide a rock tight defence, go on to win and then claim your costs
Don't forget the BWLegal abuse of process

And remember that BWLegal tends to send Rookies to court who most times are clueless

Le_Kirk

I think the online filing process restricts words quite heavily

hence why it is advised (as per KeithP's normal post about the deadlines) to send by e-mail to the CCBC. (Post # 84 in this thread.)

Le_Kirk

I realise the DEFENCE is what can be filed by email, the AoS can be done online. I think I got there eventually!

You are correct, when you do the AoS on-line, be careful not to put anything (not even a full stop) in the defence box.

didgeridoooo

I just read the dropbox file again, the one covering AoS. It says there are 14 days allowed for defence submission FROM the date I do the AoS. If that's right, I am going to leave the AoS a week, this will help me get some extra time forming the defence, in case that last 14 days goes haywire for any reason which, at this time of year, is entirely possible. I assume that's ok, but if not then I am sure someone will dig me in the ribs, and grateful for it of necessary

KeithP

didgeridoooo wrote: »

I just read the dropbox file again, the one covering AoS. It says there are 14 days allowed for defence submission FROM the date I do the AoS.

So it does. That is wrong.

As I said in post #84 above:

With a Claim Issue Date of 17th July, you have until Monday 5th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it.

And how would I be able to say in that same post...

Having done the AoS, you have until 4pm on Monday 19th August 2019 to file your Defence.

...without knowing when you were going to do the AoS?


But no need to take my word for it. Have a look at the Money Claim Online (MCOL) - User Guide.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).