IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Letter of Claim from BW Legal

1235712

Comments

  • Hi all,
    well, despite my panic about passing the 4 pm deadline to submit my defence, I received an acknowledgment of receipt two days later. 
    On Friday of last week, however, I received a 'notice of intention to proceed' from BW Legal.  Again, it includes threats of a CCJ "being likely to be entered against" me and giving me until the 27th Match to pay up.  Can I ask if this is a tactic to try and intimate me? Is there anything stopping them from sending this letter as a last throw of the dice before calling it quits or does this mean they intend to see things through?

    When I got back this afternoon, I also found that I had received a 'Notice of Proposed Allocation to the Small Claims Track'.  There's a questionnaire attached which I believe is to complete if I don't agree and a deadline for the 3rd of April.
    Could I invite some thoughts?
  • 1505grandad
    1505grandad Posts: 3,824 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Check post by KeithP  -  9 February at 3:08PM edited 9 February at 3:09PM
  • @1505grandad - Got it.  I'll get the N180 returned.  I've got another question but I'll come back to that if it isn't answered by Bargepole's thread.  Thanks!
  • The questionnaire seems pretty painless.  I do have a couple of questions though, if I may?
    Apologies if this sounds like a silly question (my second question might sound silly too) but do I put my name in the box in the top left beneath 'To be completed by, or on behalf of'.  It just seems odd that I then put my name again at the bottom under section 'B'.
    Secondly, for D1, is it ok to specify the closest court and to put the reason as "it's the closest one to me"? That's the only reason I have!
    Finally, Bargepole's guidance says: "Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”. 
    Is this to be entered for any claimants or just those represented by Gladstones?
    Thanks again, guys.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 19 March 2020 at 4:31PM
    1) put your name. That would normally be completed by the CCBC before sending out the form.

    2) That's a perfectly valid answer.

    3) obviously you only put that in D1 if the Claimant has actually made the statement that you need to oppose.


    Hint: complete the form online before printing. It's neater.
  • @KeithP - Thank you.  I can't see any reference to a claimant's request.  Thanks for clarifying.
    I've sent my questionnaire (via the online form, much neater!).  Can I send the copy to BW Legal by email?

  • Le_Kirk
    Le_Kirk Posts: 24,706 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    @KeithP - Thank you.  I can't see any reference to a claimant's request.  Thanks for clarifying.
    I've sent my questionnaire (via the online form, much neater!).  Can I send the copy to BW Legal by email?
    If BW legal is the claimant and they have communicated with you previously be e-mail then yes, otherwise by post.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    On Friday of last week, however, I received a 'notice of intention to proceed' from BW Legal.  Again, it includes threats of a CCJ "being likely to be entered against" me and giving me until the 27th Match to pay up.  Can I ask if this is a tactic to try and intimate me?

    BWLegal are masters of intimidation to the point of stupidity.  These nonsensical bods cannot threaten a CCJ
    Such amazing stupidity when they will probably get spanked anyway for scamming.

    nonsensical =  having no meaning; making no sense.and it would be a good idea if "nonsensical" would be the BWLegal logo.    Sure it will go to court, sure that they will send one their half baked legals and sure, they will have no answer for their scam £60 .... AND THAT IS WHY BWLEGAL GET SPANKED

    At this stage, you can send them an email asking on what LEGAL authority they have to add an unknown amount.       They will either ignore or reply with some nonsensical stuff that does not give authority 

    It is the scam operated by BWLegal that you bring to the attention of the court

    Get your costs schedule ready for when you win and the judge spanks them again..Now they know, that you know about the fact £60 ....... they may just chicken out again and discontinue
  • Coupon-mad
    Coupon-mad Posts: 152,881 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 August 2020 at 4:33PM
    Your defence was good by the way and this is all normal. Many PPCs discontinue claims shortly before hearings/witness statement and evidence stage, and if they don't, then posters here filed a strong WS & evidence and then usually win at the hearing anyway. 

    Likely to be ages ahead, given I suspect many cases will be postponed now.
    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
    A counter  claim will ensure that, even if they discontinue, they will have to defend, or settle. 
    You never know how far you can go until you go too far.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.