Advice county court claim, BW legal

KeithP

jvf1000 said:

Would anyone kindly tell me what is the procedure for this court process?

Surely you know the answer to that?

Re-read the second post of the NEWBIES thread.

Redx

As above

There is no counter defence , you filed your defence , end of

You are at the witness statement plus exhibits plus summary costs assessment stage

Fruitcake

Do you mean counter claim? It is a year too late to do that because it had to be included with your defence.

You could at any time in the six years from when the scammers received and processed your wife's data start your own court claim. 

You have previously said that you own a flat and parking space. Is this correct? Do you own the parking space? If so, do you have proof such as sale deeds or an extract from the Land Registry? This is crucial to your case if correct.
If however you lease the parking space, do you have proof of that? In addition, if leased, what does your lease say about parking, permits, PCNs, paying a third party scammer, and court?

You need your evidence sorted out pronto as you will probably have to send it at the end of this month along with your witness statement.
You should be constructing the latter right now. Show it here as soon as possible.
If/when you have the scammer's WS and exhibits (especially important is the alleged contract), show them here asap. Only redact YOUR WIFE'S personal data. 

Coupon-mad

As above - just go back to re-read the NEWBIES post #2 about WS and evidence stage.

Fruitcake

You should have your WS and exhibits ready to go in five days time. This will give you about two days to spare before you will probably need to send it. Normally you should have received a court order telling you to send it to the court and claimant not less than 14 days before the court date. Go back through all your docs and re-read them. The instructions are often on the back and not immediately obvious unless you thoroughly read it.

Don't think that it can wait until two days before. That only refers to an electronic version.

Do dig out your ownership docs and please confirm whether you own the parking space or lease it. As I said before, it is crucial to your case

Le_Kirk

jvf1000 said:

In the mean time just received another letter from BW legal offering me a pre-approved  25% discount if I pay by the 9th Dec. Bear in mind that the hearing is on the 14th Dec. They don't seem to give up HOPE but I will see them in court. I  will go through the Newbies Thread. Thanks a lot.

If they are offering discounts they must be worried!
You only need to re read the second post of the NEWBIE sticky.

beamerguy

jvf1000 said:

In the mean time just received another letter from BW legal offering me a pre-approved  25% discount if I pay by the 9th Dec. 

You have to laugh at this, next BWLegal will be offering "Black friday" deals ??

Why would they offer a discount if they really thought they could win ...... 
Pre approved discount ... my ar*se, sounds like one of those dodgy web sites

Castle

beamerguy said:

jvf1000 said:

In the mean time just received another letter from BW legal offering me a pre-approved  25% discount if I pay by the 9th Dec. 

You have to laugh at this, next BWLegal will be offering "Black friday" deals ??

Why would they offer a discount if they really thought they could win ...... 
Pre approved discount ... my ar*se, sounds like one of those dodgy web sites

Maybe it will be the 100% pre-approved discount next-AKA "Notice of discontinuance".

beamerguy

Castle said:

beamerguy said:

jvf1000 said:

In the mean time just received another letter from BW legal offering me a pre-approved  25% discount if I pay by the 9th Dec. 

You have to laugh at this, next BWLegal will be offering "Black friday" deals ??

Why would they offer a discount if they really thought they could win ...... 
Pre approved discount ... my ar*se, sounds like one of those dodgy web sites

Maybe it will be the 100% pre-approved discount next-AKA "Notice of discontinuance".

Castle ....... you know them too well 

Fruitcake

Without prejudice means it can't be shown in court.
Without prejudice save as to costs means they can tell a judge they offered a discount, and how much, but can't use any other information included in the letter in court.

Post your copy of the contract here for the regulars to pick over. Do this as a priority so the regulars can pick holes in it. Your main point rebutting it will of course be that it does not cover your privately owned parking space, backed up with proof of purchase docs and copy of the Land Registry entry.

When you are ready, include it in your exhibits with your comments and those from the forum. Leave it to the last day for sending so they can't send you an unredacted version or make their own bullpoo comments about how it applies.

They are not allowed to withhold anything from you or the court then ambush you on the day of the hearing. If they don't provide a copy of the contract at exhibits stage but try to introduce it on the day of the hearing, point out that it is indeed an ambush and breaches the CPR.
If they produce a redacted contract either as an exhibit or on the day, then look at the Redactions in Disclosure thread by Jonersh ready to complain about it.

https://forums.moneysavingexpert.com/discussion/6175896/redactions-in-disclosure/p1

Note that this is an appeal court judgement so is persuasive on the lower courts.