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Abuse of Process ... District Judge tells BWLegal

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas ... thank you for that, I think that the more brain power that goes into to this, the wiser the victims will be

    This abuse of process is an outright scam. WONGA went bust because of their scam and dodgy legal letters and claims.

    Every court in the land must know about abuse of process
  • Hi,
    Do these rules apply just to the Claimant, in my case One Parking Solution Ltd, or do they also apply to Debt recover agents they use and Solicitors who add their own charges on? I know I can report the Solicitors, QDR in my case to SRA for Abuse of Process which I am going to do. If the claimant has instructed these companies to act on their behalf are they themselves guilty of breaking these rules or can they get away with it as they themselves didn't add the extra charges on?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hi,
    Do these rules apply just to the Claimant, in my case One Parking Solution Ltd, or do they also apply to Debt recover agents they use and Solicitors who add their own charges on? I know I can report the Solicitors, QDR in my case to SRA for Abuse of Process which I am going to do. If the claimant has instructed these companies to act on their behalf are they themselves guilty of breaking these rules or can they get away with it as they themselves didn't add the extra charges on?

    The claimant can say what they like, it's then up to the legal bringing the case to ensure the facts are correct. The legal has a duty of care towards the courts

    QDR are Ignoring POFA2012 and it's this law that the public must depend upon. The ATA's own code of practice does not over-ride the law
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 9 September 2019 at 9:36AM
    VCS .... ABUSE OF PROCESS

    CLAIM FROM VCS IS STRUCK OUT

    Caernarfon Court
    District Judge Jones-Evans
    Case number FTQZ4W28
    4TH SEPTEMBER 2019


    https://www.dropbox.com/s/gexc6psfmi8y6d8/VCS%20Claim%20Struck%20Out%20-%20Abuse%20of%20Process.jpg?dl=0&m=

    The claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme court v Beavis

    This case can be highlighted in all defences where the claimant is adding a fake £60 which is unlawful
  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
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    Wahey, it's growing, Southampton, IOW, [STRIKE]Canaar[/STRIKE], [STRIKE]Caenrr[/STRIKE]... Wales!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    What about costs for the victim? If the judge thinks this is unreasonable behaviour then surely the PPC should be penalisised.

    Can the PPC appeal, or will they now, having it would appear have got off very lightly, continue to try it on?

    Somebody must report this to the SRA. I nominate Beamer as this is his crusade. .
    You never know how far you can go until you go too far.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    edited 9 September 2019 at 10:04AM
    This decision was made without a hearing under the Court's case management powers so the Defendant won't have incurred any costs. It is possible that the company will apply to have the order set aside. Any news on the appeal in the Southampton cases?
    It is interesting that the Judge's order records that he has given previous warnings. I know that other judges have followed a similar line.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This decision was made without a hearing under the Court's case management powers so it is possible that the company will apply to have the order set aside. Any news on the appeal in The Southampton cases?

    Of course, just as BWLegal applied for a set aside which at the moment will be heard in November

    The courts will however only have two OPTIONS, they being support a scam or support the law ... POFA2012
  • Coupon-mad
    Coupon-mad Posts: 152,002 Forumite
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    edited 7 August 2020 at 3:14PM
    This decision was made without a hearing under the Court's case management powers so the Defendant won't have incurred any costs. It is possible that the company will apply to have the order set aside. Any news on the appeal in the Southampton cases?
    It is interesting that the Judge's order records that he has given previous warnings. I know that other judges have followed a similar line.
    We know from the relevant thread by CEC16 that the 30 minute hearing in Soton about the application to set aside a similar judgment, is in November.

    I have just updated post #14 here on this very thread with the Caernarfon case words, so that people at defence or WS stage can copy & paste it all in and add PARAGRAPH NUMBERS...!

    With the notable exception of ParkingEye claims where no £60 is added anyway, Defendants will of course all need to print the DJ Grand and DJ Jones-Evans' general judgment or order pages as evidence at WS stage.

    The more other Judges see these findings, the better.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    I have just updated post #14 here on this very thread with the Caernarfon case words, so that people at defence or WS stage can copy & paste it all in and add PARAGRAPH NUMBERS...!
    I see you have also modified the wording around "IT IS ORDERED" so that posters (if they search for and read that post) will copy "with the judges stating it is ordered" so I don't have to post that modification very time I see a defence which seemingly makes an order to the court/judge.

    Are regulars of the mind that it is better in the Defence or in the WS or both?
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