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BW Legal Particulars of Claim incorrect

2

Comments

  • Pf23
    Pf23 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Haha, so you mean a hearing has been set to hear your costs application?  Did you pay a fee for that, BTW?
    Yes, the Court sent both parties a hearing date for my costs application (ground of unreasonable behaviour by the Claimant) and no, I didn't have to pay a fee :)
    Will post up all anonymised docs when it's all over. 
  • Well done to you, I am hoping for the same outcome but yet to hear anything, I will be in court next week assuming it's not all cancelled due to CV and going into lockdown, glad to hear that people get the upper hand more often than not and especially BW. High five to you.:)  
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Did they send it WP save as to costs? Yes or No
    If NO then if you wish you can go ahead with teh hearing, safe in teh knowledge they cannot mention these offers to you, at all. 
    If YES then you take a risk; if you do not get more than their offer then you may get costs agaisnt you. 
  • Pf23
    Pf23 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Update - after almost no negotiation, Britannia folded and BW Legal have now, WP, paid me my claimed costs in full (just over £250! ).  Once it was in my bank account, I emailed the Court to withdraw my Application.
    (I appreciate I could have taken this to a Hearing to get a useful precedent, but I took the view that the Courts have got much more pressing matters to deal with at the moment...)
  • Pf23
    Pf23 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Update - in a highly unexpected and unusual development, despite settling out of court, notifying court of Withdrawal of Application and getting confirmation the Application hearing had delisted, both parties were very surprised today to receive a Judgement from the Court instructing the Claimant to pay the Defendant's claimed costs in full. 

    The Judge seems to made an order "under the Court's own initiative pursuant to CPR 1998 Part 3.3(4)".  
    😅😅😅😅😅😅😅😅😅😅
  • Coupon-mad
    Coupon-mad Posts: 153,320 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 May 2020 at 12:38AM
    Brilliant result!

    Can you scan that Order please and cover your name, and show us so we can refer to it in other cases?!  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you agree the settlement they will save quite a bit of money,  so why would you accept less?. 
    You never know how far you can go until you go too far.
  • Pf23
    Pf23 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    D_P_Dance said:
    If you agree the settlement they will save quite a bit of money,  so why would you accept less?. 
    Hi D_P_Dance - the thing is I had already settled after BP got notice of my application and eventually offered to pay my full claimed costs of £250 (note they made this offer WP...)  Once they had done that and I had the money in my account, I withdrew the Application & the Court confirmed it was withdrawn & hearing delisted.
    However, subsequently a Judge has somehow now made an Order that they should pay my full costs.
    There is a slight oddity in the Order and  BWLegal are now trying to get the Court to explain what's happened & maybe rescind it. 
    If they can't do that and/or I don't get their cash within 14 days, I believe I will be able to get a CCJ against them and even instruct bailiffs!
    Fun times!
  • Pf23
    Pf23 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Brilliant result!

    Can you scan that Order please and cover your name, and show us so we can refer to it in other cases?!  
    Sure - I am planning to post all the redacted documents I prepared for this case when I get a few hours free, including this Order. 
    In the meantime, as noted above, there is something a little odd about the Order which BW Legal are now querying with the Court.
    I will post an update when it's resolved. 

    BTW - I really couldn't have got a result on this without all the templates and guidance on this forum - massive thanks to everyone who invests time in contributing and supporting!
  • Coupon-mad
    Coupon-mad Posts: 153,320 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is the Order for more than £250 then?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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