BW Legal sending letters but I've recently relocated overseas - do I still need to reply?

Kamran

Thanks all for your comments so far. I sense that I have to be swift about this, so have drafted the following cover letter, to be sent to the court (and a copy to BW Legal also, minus the supporting documents). Your feedback would be much appreciated:
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FAO: County Court Business Centre, Northampton

Claim Number: ABCDEFGH

I write to you to kindly submit an N244 form, with a view to dismissing the case for claim number ABCDEFGH. My name is Joe Bloggs and I have been non-resident in the United Kingdom since xx/xx/2019.

It was brought to my attention in May 2020 by the new occupiers of my former address (postcode AB12CD) that they had received a letter from BW Legal stating a claim against me on a private parking matter. I wrote to BW Legal on xx/xx/2020 (from abroad) stating that I was no longer resident in the UK and I provided my current, overseas address for all future correspondence. I have not received any correspondence at my correct address.

I have today been informed by the occupiers of a different former address (EF34GH) that I have received a Northampton County Court Claim Form (ABCDEFGH) issued on 27th October 2020. I have not been shared any other particulars of the claim form.

BW Legal did not acknowledge my issuance of a letter that I no longer reside in the United Kingdom and details of my correct overseas address and have instead chosen to pursue County Court involvement. I would kindly ask the court to dismiss this matter on the grounds that I have not been provided any documentation at my correct address and that therefore the Claimant has not provided the Court with accurate information, which I believe amounts to misleading the court.

For the court’s reference, please find attached:

1.     The completed N244 form, requesting that the court kindly dismisses case ABCDEFGH

2.     A tenancy agreement as evidence that I reside overseas

3.     A copy of my letter sent to BW Legal on 12th May 2020 informing them of my overseas status

I have sent a copy of this letter to BW Legal for their records, and I intend to lodge a complaint with the Information Commissioner's Office (ICO) and the Solicitors Regulation Authority (SRA) as their unwillingness to contact me on this matter directly and their attempt to mislead the court should be investigated.

I ask the court to kindly grant this letter a few days’ grace should there have been a delay in receipt beyond the court’s stated deadline, given that this letter has been posted from overseas at a time where postal companies are experiencing delays due to the Covid pandemic.

Kind regards,

Joe Bloggs

Coupon-mad

Also ask for the Court to order that the costs of your N244 application are ordered to be paid by the Claimant.

When you log into MCOL using the password, can you 'contest jurisdiction' instead of acknowledge (don't) or defend (don't)?

Please check that and tell us because I am worried an email alone may be overlooked due to impending lockdown.

Kamran

Coupon-mad said:

Also ask for the Court to order that the costs of your N244 application are ordered to be paid by the Claimant.

When you log into MCOL using the password, can you 'contest jurisdiction' instead of acknowledge (don't) or defend (don't)?

Please check that and tell us because I am worried an email alone may be overlooked due to impending lockdown.

1) Where would the costs of the N244 be paid? Isn't it a form that I download and send to the county court?

2) Please see the online options below:
a) Acknowledgment of Service
b) Response Forms:

i) Start Defence
(If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.)

ii) If you admit part of the amount claimed, complete the Admission and the Defence form.

iii) If you admit all of the amount claimed, complete the Admission form.

Thoughts?

Coupon-mad

OK so get your family to email the response papers to you and the claim form (ALL OF IT) and print off the paperwork that gives you the option instead, to contest jurisdiction and attach that to your email and N244.  You pay the fee to the court.  Ring them up first if unsure, even though there will be a long queue, get the CCBC on the phone the afternoon and ask them why MCOL doesn't give the option to contest jurisdiction as you live abroad and the Claimants knew this. 

And tell the CCBC what you want to achieve and ask if it is OK simply to email the N244 and attachments and witness statement and pay £100 over the phone, to put your mind at rest that the CCBC don't think that inaction on MCOL means you haven't defended, because you are not defending you are contesting jurisdiction instead but need to be reassured that an email won't be missed due to lockdown.

Ideally phone and email and get this entirely done, today.

Make sure your N244 and WS asks for your costs (and phone call cost too if you can prove it) to be ordered back to be paid by the Claimant (and the Claimant is the parking firm, NOT BW Legal of course).

DO NOT DO ANY OF THESE:

a) Acknowledgment of Service
b) Response Forms:
(If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.)
Thoughts?

i) Start Defence

ii) If you admit part of the amount claimed, complete the Admission and the Defence form.

iii) If you admit all of the amount claimed, complete the Admission form.

Half_way

Just to get this right, you moved overseas, informed all parties of your new address, yet they continued to use the old out of date personal data ?

Kamran

Half_way said:

Just to get this right, you moved overseas, informed all parties of your new address, yet they continued to use the old out of date personal data ?

Correct. Except the order is:
1. moved abroad
2. got a letter at an old address (they weren't to know I suppose)
3. responded that i've moved abroad and here's my new address
4. County court letter sent to another old address

Kamran

Just on the phone to them now, in the hope that they can advise and accept over email rather than letters / online portal. On hold, will write back after I've spoken to them

Kamran

Just got off the phone to them. They weren't massively interested in the details, but call can be summarised as follows:

1. I paid the £100 fee and have a e-receipt for it
2. They've sent me (by email) the N244 form - Application to strike out a claim
3. I can submit by email and they will process it / acknowledge it within 48hours

Here is the body of the email that was sent:
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Please read the contents of this e-mail and the attached Guidance Notes thoroughly before sending your application to the court as incorrectly completed applications will be returned to you.

Thank you for your enquiry,

If you think that a claim has been issued against you incorrectly you may apply to strike out the claim using the attached N244 Application Notice. Please ensure you give your reason(s) for wanting the claim struck out.

Please note: If this case has become stayed, you will also need to apply to lift the stay in Section 3 of the N244 application form.  

Alternatively, you may dispute the claim by filing a defence and, if necessary, a counterclaim.

Please note, a defence / counterclaim or application to strike out the claim should be submitted within 14 days of the date of service or you risk a default Judgment being entered against you. This can be extended to 28 days from the date of service by filing an acknowledgment of service.

Please read this email and any attached notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

There is a £100.00 court fee to process the application without a hearing or a £255.00 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS.  

Court fees can be paid by a Cheque or Postal Order made payable to HMCTS or by contacting the Helpdesk on the number below between 9.15 and 15.30 Monday – Friday or on the Court’s last working day of the month between 9.15 and 15.00.

Please be aware:

- Applications will not be processed without either the court fee, a valid 'HwF' reference code or a valid EX160 application form.

 - You will need to provide 3 copies of any n244 application form or Consent/Tomlin order you are sending via post.

 - Your application is not automatically granted. The outcome of your application is at the discretion of a District Judge or a court appointed Legal Advisor.

 - The attached form(s) contains fillable fields, and the software to complete the form can be downloaded for free from http://get.adobe.com/uk/reader.

 - The full Money Claim Online user guide is available from the homepage – www.moneyclaim.gov.uk .

 - An up-to-date list of our current processing and response times is available at www.gov.uk/guidance/hmcts-civil-business-centres-performance-information.

Kamran

The N244 form is the same as this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732360/N244_web_0818.pdf

I'd be grateful for advice on how to fill this form in a way that it doesn't get returned with errors. In particular, good wording for the following questions (my suggested responses in bold):

3) What order are you asking the court to make and why?
- I would kindly ask the court to strike out this case on the grounds that I have not been provided any documentation at my correct address provided to the claimant
4) Have you attached a draft of the order you are applying for?
No
5) How do you want to have this application dealt with?
Without a hearing
6) How long do you think the hearing will last? Is this time estimate agreed by all parties?
N/A
7)  Give details of any fixed trial date or period
N/A
8) What level of Judge does your hearing need?
N/A
9) Who should be served with this application?
(Claimant details) - UK Parking Patrol Office (not BW Legal)
9a) Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.
(Claimant details) - address of UK Parking Patrol office (not BW Legal)
10) What information will you be relying on, in support of your application?
The attached witness statement (i.e. my cover letter)
11) Signature and address details
My correct overseas address with correct email address

Thanks again all

Kamran

Here is the updated Witness Statement (aka Cover letter) that I intend to send by email. Would be grateful for your feedback:
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FAO: County Court Business Centre, Northampton

Witness Statement for Claim Number: ABCDEFGH

I write to you to kindly submit an N244 form, with a view to dismissing the case for claim number ABCDEFGH. My name is Joe Bloggs and I have been non-resident in the United Kingdom since xx/xx/2019.

It was brought to my attention in May 2020 by the new occupiers of my former address (postcode ABCD) that they had received a letter from BW Legal stating a claim against me on a private parking matter. I wrote to BW Legal on xx May 2020 (from abroad) stating that I was no longer resident in the UK and I provided my current, overseas address for all future correspondence. I have not received any correspondence at my correct address.

I have today been informed by the occupiers of a different former address (XYZQ) that I have received a Northampton County Court Claim Form (ABCDEFGH) issued on 27th October 2020. I have not been shared any other particulars of the claim form.

BW Legal did not acknowledge my issuance of a letter that I no longer reside in the United Kingdom and details of my correct overseas address and have instead chosen to pursue County Court involvement. I would kindly ask the court to dismiss this matter on the grounds that I have not been provided any documentation at my correct address and that therefore the Claimant has not provided the Court with accurate information, which I believe amounts to misleading the court.

For the court’s reference, please find also attached to this email:

1.     The completed N244 form, requesting that the court kindly dismisses case ABCDEFGH

2.     A tenancy agreement as evidence that I reside overseas

3.     A copy of my letter sent to BW Legal on xx May 2020 informing them of my overseas status

I also kindly request that the court order the claimant pay the defendant’s costs (£100 = N244 form, phonecall to Court = £0.27)

I have sent a copy of this letter to BW Legal for their records, and I intend to lodge a complaint with the Information Commissioner's Office (ICO) and the Solicitors Regulation Authority (SRA) as their unwillingness to contact me on this matter directly and their attempt to mislead the court should be investigated.

Kind regards,

Joe Bloggs