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

KeithP

But @Le_Kirk, there is no Judgment to be set aside here.

Le_Kirk

KeithP said:

But @Le_Kirk, there is no Judgment to be set aside here.

OK then why the N244 and WS and Draft Order?  It started off so simply as a contest jurisdiction but then seemed to be a set-aside.  I am leaving this one to others.

Coupon-mad

Has the OP done this?
Clearly that draft order needs editing to suit and has NOTHING to do with a set aside.  That part needed removing and changing.

A draft order is simply WHAT YOU WANT THE JUDGE TO DECIDE.

Easy.  Write it yourself, and make it a WORD DOCUMENT not a PDF.

nosferatu1001

Le_Kirk said:

KeithP said:

But @Le_Kirk, there is no Judgment to be set aside here.

OK then why the N244 and WS and Draft Order?  It started off so simply as a contest jurisdiction but then seemed to be a set-aside.  I am leaving this one to others.

It still is. It's just the op doesnt know that a set aside is NOT the same as asking fir a claim to be struck out 

OP - ALSO claim your time at the litigant in person rate of £19 per hour. Research, compiling the n244. That's part of the draft. Assess costs - ie write down exactly what you spent time doing, and number of hours for each. Break. It. Down. Just showing a total isn't right. 

You should also note that this claim has yet to be allocated, and so the claimant does not have any costs protection. 

Kamran

Coupon-mad said:

Has the OP done this?
Clearly that draft order needs editing to suit and has NOTHING to do with a set aside.  That part needed removing and changing.

A draft order is simply WHAT YOU WANT THE JUDGE TO DECIDE.

Easy.  Write it yourself, and make it a WORD DOCUMENT not a PDF.

(AMENDED)
DRAFT ORDER
In the County Court at Northampton
Claim number: ABCDEFGH

UK Parking Patrol Office Limited (Claimant)

And

Joe Bloggs (Defendant)

 District Judge

 UPON reading the Defendant's application dated 2nd November 2020 and the annexed witness statement of Joe Bloggs dated 2nd November 2020

 IT IS ORDERED that:

 1.     The Claim Number ABCDEFGH dated 27th October 2020 be struck out

2.      The Claimant shall pay the Defendant's costs of £182.27 as per the defendant's cost schedule

-------------------------------------------------------------------------

CouponMad, the above is preciesly what I would want the judge to decide, in layman's terms.

Kamran

nosferatu1001 said:

Le_Kirk said:

KeithP said:

But @Le_Kirk, there is no Judgment to be set aside here.

OK then why the N244 and WS and Draft Order?  It started off so simply as a contest jurisdiction but then seemed to be a set-aside.  I am leaving this one to others.

It still is. It's just the op doesnt know that a set aside is NOT the same as asking fir a claim to be struck out 

OP - ALSO claim your time at the litigant in person rate of £19 per hour. Research, compiling the n244. That's part of the draft. Assess costs - ie write down exactly what you spent time doing, and number of hours for each. Break. It. Down. Just showing a total isn't right. 

You should also note that this claim has yet to be allocated, and so the claimant does not have any costs protection. 

thanks, this was the schedule of costs that I had posted earlier - does it need to be more granular than this even?
-----------------------------------------------------

DEFENDANT’S SCHEDULE OF COSTS 

Ordinary Costs

Cost of N244 form application through the county court, £100 (receipt attached)

Cost of overseas phone call to County Court Business Centre. £0.27 (receipt attached)

Further costs for Claimant’s unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g) 

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00 
Stationery, printing, photocopying and overseas postage: £25.00 
£ 182.27 = TOTAL COSTS CLAIMED

Coupon-mad

That all looks MUCH better!

Kamran

Coupon-mad said:

That all looks MUCH better!

Thank you! There is where I'm at in terms of a final pack. If you think it's in good shape then I'll send off tonight?
__________________________________________________________________________________________
DRAFT EMAIL:
Dear Northampton County Court team, please find attached the following documents, in relation to Claim ABCDEF:

1. N244 Form
2. Witness Statement
3. Evidence of Overseas status
4. Schedule of costs with receipts
5. Draft Order
6. A copy of the letter sent to the claimant in May 2020 informing them of my non-resident status and new address

I would be grateful for confirmation of receipt.
__________________________________________________________________________________________
N244 FORM:
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 the correct address provided to the claimant. I am contesting jurisdiction because I do not live in the UK and the Claimant's legal firm knew this, in May 2020.
__________________________________________________________________________________________
WITNESS STATEMENT:
Witness Statement for Claim Number: ABCDEFGH

I write to you to kindly submit an N244 form, with a view to striking off 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 a former address (postcode XXXXXX) that they had received a letter from the claimant stating a claim against me on a private parking matter. I do not know the particulars of the claim. I wrote to the claimant’s legal team on 12th 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 since not received any correspondence at my correct overseas address.

I have today been informed by the occupiers of a different former address (YYYYYY) that I have received a Northampton County Court Claim Form (ABCDEFGH) issued on 27th October 2020.

The claimant’s legal team 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 strike off this case 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 the accurate information which they knew, which I believe amounts to misleading the court. I believe that the claim form has thus not been served under the requirements of 6.8a CPR. 

For the court’s reference, please find attached:

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

2.       A tenancy certificate as evidence that I reside in COUNTRY and have done so since XX/2019

3.       A copy of the letter sent to the claimant in May 2020 informing them of my non-resident status and new address

4.       Defendant’s schedule of costs with receipts attached

5.       Draft Order 

I have sent a copy of this letter to the claimant’s legal team for their information, 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 and it is clear to me that they are in breach of GDPR. 

Lastly, I would like to make clear to the court that I actively engaged the claimant (even though documentation was sent to an old, inaccessible address) and there is no suggestion that I was seeking to avoid proceedings. One must be drawn to the conclusion that the claimant was lazily hoping to secure default judgment by continuing to use an old, inaccessible address and not the correct address that I shared with them in May 2020. For this reason, I am also kindly requesting that court order the claimant to pay the defendant’s costs, and that this case be addressed without the need for a hearing.

 __________________________________________________________________________________________

SCHEDULE OF COSTS WITH RECEIPTS

Northampton County Court

Case Number: ABCDEFGH

Date: 02/11/2020

 Defendant: Joe Bloggs

Vs

Claimant: UK Parking Patrol Office Limited / BW Legal

DEFENDANT’S SCHEDULE OF COSTS 

Ordinary Costs

Cost of N244 form application through the county court, £100 (receipt attached)

Cost of overseas phone call to County Court Business Centre. £0.27 (receipt attached)

Further costs for Claimant’s unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g) 

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00 
Stationery, printing, photocopying and overseas postage: £25.00 
£ 182.27 = TOTAL COSTS CLAIMED

 ________________________________________________________________________________________

DRAFT ORDER
In the County Court at Northampton
Claim number: ABCDEFGH

UK Parking Patrol Office Limited (Claimant)

And

Joe Bloggs (Defendant)

 District Judge

 UPON reading the Defendant's application dated 2nd November 2020 and the annexed witness statement of Joe Bloggs dated 2nd November 2020

 IT IS ORDERED that:

1.     The Claim Number ABCDEFGH dated 27th October 2020 be struck out

2.      The Claimant shall pay the Defendant's costs of £182.27 as per the defendant's cost schedule

  ________________________________________________________________________________________

Thanks again all, much appreciated

Coupon-mad

Maybe just improve the Draft Order:

DRAFT ORDER
In the County Court at Northampton
Claim number: ABCDEFGH

UK Parking Patrol Office Limited (Claimant)

And

Joe Bloggs (Defendant)

 District Judge

 UPON reading the Defendant's application dated 2nd November 2020 and the annexed witness statement of Joe Bloggs dated 2nd November 2020 and noting that the claim was served at a UK address when the Claimant knew that the Defendant's permanent domicile is not in the UK and had no reason to believe that the Defendant could be properly served at the UK address,

IT IS ORDERED that:

1.     The Claim Number ABCDEFGH dated 27th October 2020 be struck out

2.      The Claimant shall pay the Defendant's costs of £182.27 as per  as set out in the defendant's cost schedule

nosferatu1001

Cpr27 etc does not apply, as I t9ld you 
there is no need to show unreadable behaviour becaus there is no costs protection as it is not on the small claims track.