Newbie Defense Draft

Coupon-mad

A hearing date was set and I sent in my WS. Then received the final pack of particulars from BW and 3 of the PCN's from the discontinued case are now in it. I have had no chance to defend against these extra 3 and it's changed the amount of money they are requesting from me!

They cannot do that if you had defended both, and can't amend the non-discontinued claim without the court's permission anyway.

This will be a great basis for arguing Dammerman level costs when you win. Read this and get your head around the issue, Google it yourself and find more ammo:

https://www.33bedfordrow.co.uk/insights/bulletins/permission-to-issue-second-claim-after-discontinuing-first-claim---ward-v-hutt

CPR r.38.7 reads:

‘A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.’

triumphdan

An update.
BW Legal sent the court an application notice asking that the cancelled case now be consolidated with my lead case and that it be dealt with without a hearing.
I phoned the court to ask what this meant and at this point was told that I had been scheduled for a telephone hearing. I explained that I have a lot of evidence and it would disadvantage me over the phone. I was told I have the right to request a face to face hearing. But I will just have to wait till that will be possible again.
I put this request in a email to the court, 2 weeks later BW legal sent me a letter,
"by way of serviceour client's Notice of Discontinuance"
The next day I phoned the court and they confirmend it is now a dead case. So it feels like a massive anticlimax without me getting my day in court, but its brilliant news and saved me nearly £5000!

   I want to now say a massive thank you for all for your help, I honestly would not have made it this far without the help from everyone on here. The information, knowledge and support on this forum is overwhelming!
  Thank You Again

Coupon-mad

Brilliant! 

We love saving people shedloads of money that would otherwise line the pocket of scammers.  These claims will have cost them a lot as well in terms of court fees, applications and wasted hours, haha!

ANOTHER BW LEGAL/PREMIER PARK ONE BITES THE DUST!

nosferatu1001

Good job there - BW absolutely did everything wrong
They cant "consolidate" a claim they discontinued!
THey were on a hiding to nothign and being forced to "appear", even on a phonecall, would allow the court to rip them a new one.