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

Johnersh

There's a lack of any regard to the rules in the statement or the draft orders. Perhaps something like this.... 


UPON reading the application of D dated...
AND UPON the court noting that the claim form was not served at the defendants home address, the defendant having prior to issue, nominated an address for service within the EEA. 

It is ordered that:

1.  This claim is unsuitable to be issued as a  Money Claim Online, the Defendant not residing within the jurisdiction, as required by 
CPR PD 7E 4(3A)

2. Service of the claim has not been effected as required by CPR 6.8(a)

3. Pursuant to the Courts powers under CPR 3.4(c) the claim is struck out for non compliance with the above provisions of the CPR. 

4. The claimant do pay the claimants costs of the application in the amount of xxxxx

5. Pursuant to CPR 3.1(5) the claimant may apply to set aside or vary this order within 7 days. 

Kamran

nosferatu1001 said:

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. 

Thanks - will remove that language and put the research etc. costs at the £19/h rate in any case

Kamran

Johnersh said:

There's a lack of any regard to the rules in the statement or the draft orders. Perhaps something like this.... 


UPON reading the application of D dated...
AND UPON the court noting that the claim form was not served at the defendants home address, the defendant having prior to issue, nominated an address for service within the EEA. 

It is ordered that:

1.  This claim is unsuitable to be issued as a  Money Claim Online, the Defendant not residing within the jurisdiction, as required by 
CPR PD 7E 4(3A)

2. Service of the claim has not been effected as required by CPR 6.8(a)

3. Pursuant to the Courts powers under CPR 3.4(c) the claim is struck out for non compliance with the above provisions of the CPR. 

4. The claimant do pay the claimants costs of the application in the amount of xxxxx

5. Pursuant to CPR 3.1(5) the claimant may apply to set aside or vary this order within 7 days. 

Thanks - I shall use this

Kamran

Hi all, this is the final pack that will be sent in a few hours' time. Changes have been made to witness statement structure and draft order FYI. Any last minute suggestions would be grateful within the next 2 hours - much appreciated!
__________________________________________________________________________________________
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:
I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

 1.      I write to you to kindly submit an N244 form, with a view to striking off the case for claim number ABCDEFGH.

 2.      My name is Joe Bloggs and I have been non-resident in the United Kingdom since xx xx 2019.

 3.      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.

 4.      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.

 5.      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.

 6.      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.

 7.      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.

 8.      For the court’s reference, please find attached:

 a)      The completed N244 form, requesting that the court kindly strikes off case ABCDEFGH

b)      A tenancy certificate as evidence that I reside in COUNTRY and have done so since xx 2019

c)      A copy of letter sent to claimant in May 2020 informing of my non-resident status and new address

d)      Defendant’s schedule of costs with receipts attached

e)      Draft Order

 9.      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. 

10.  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.

 11.  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.

 12.  I am kindly requesting that court order the claimant to pay the defendant’s costs as set out in the defendant’s cost schedule (attached)

 13.  I also kindly request that this case be addressed without the need for a hearing

 

I believe that the facts stated in this Witness Statement are true

 Kind regards,

Joe Bloggs

 __________________________________________________________________________________________

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

Costs

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

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

3.Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00 

4.Stationery, printing, photocopying and overseas postage: £25.00 

£ 182.27 = TOTAL COSTS CLAIMED

 __________________________________________________________________________________

DRAFT ORDER

County Court Business Centre

Northampton NN1 2LH

Claim Number ABCDEFGH 

Defendant: Joe Bloggs

Vs

Claimant: UK Parking Patrol Office Limited / BW Legal

 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 UPON the court noting that the claim form was not served at the defendant’s home address, the defendant having prior to issue, nominated an address for service.

 IT IS ORDERED that:

 1.       This claim ABCDEFGH is unsuitable to be issued as a Money Claim Online, the Defendant not residing within the jurisdiction, as required by CPR PD 7E 4(3A)

 2.       Service of the claim has not been effected as required by CPR 6.8(a)

 3.       Pursuant to the Courts powers under CPR 3.4(c) the claim is struck out for non-compliance with the above provisions of the CPR

 4.       The claimant to pay the defendants costs of £182.27 as set out in the defendant's cost schedule

 5.       Pursuant to CPR 3.1(5) the claimant may apply to set aside or vary this order within 7 days

  ________________________________________________________________________________________

Kamran

Thank you to everyone who has replied and supported this process. Documents have been emailed. I will confirm with the court tomorrow that they have been received / logged.

 It's quite stressful, particularly when you're no longer even in the country! I will keep this thread updated with the outcomes and responses, for the benefit of future help-seekers.

Cheers

Were_Doomed

Johnersh said:

There's a lack of any regard to the rules in the statement or the draft orders. Perhaps something like this.... 


UPON reading the application of D dated...
AND UPON the court noting that the claim form was not served at the defendants home address, the defendant having prior to issue, nominated an address for service within the EEA. 

It is ordered that:

1.  This claim is unsuitable to be issued as a  Money Claim Online, the Defendant not residing within the jurisdiction, as required by 
CPR PD 7E 4(3A)

2. Service of the claim has not been effected as required by CPR 6.8(a)

3. Pursuant to the Courts powers under CPR 3.4(c) the claim is struck out for non compliance with the above provisions of the CPR. 

4. The claimant do pay the claimants costs of the application in the amount of xxxxx

5. Pursuant to CPR 3.1(5) the claimant may apply to set aside or vary this order within 7 days. 

Is that a typo and you meant the Defendant's costs? (I presume so as I'm unclear how the D could know the C's costs).

Note: be sure to apply the correct use of apostrophes. Defendant's not Defendants.

Johnersh

@Were_Doomed
Yep. As you are well aware, and as the o/p has already noted and corrected prior to your post. 

It's an occasional hazard I experience - my day job is solely claimant and I expect to recover my costs... 

On my mobile, grammatical errors will occur. Be reassured I'm well aware of the difference you kindly highlight. 

Happily we know that no-one here wilfully cuts and pastes from these posts without checking and proof reading their documents. Because, it's their court case/responsibility, after all. 

Feel free to check for SPAG on all my other posts if you fancy...

Were_Doomed

Oh dear ... why do people take offence so easily? 🙄 I wasn't "having a go", I was seeking clarification.

1) I didn't read the OP's following post (too long and wasn't of interest to what I was asking) - I wished to clarify what you meant. I am happy to find that the OP realised this.
2) Regarding apostrophes ... too many people use them incorrectly. Whilst it won't be fatal to any document's intent, proper grammar can only be a good thing surely? Is it a bad thing to highlight improvements?

Johnersh

@Were_Doomed

Noted, thanks for the clarification. There's no 'tone of voice' in email/short posts so it can be hard to discern genuine enquiry.

There's nothing wrong with seeking quality written work (as my paralegal well knows) 😁 but a degree of pragmatism is needed: This is a "quick-fire" forum. Typos will inevitably creep in. The aim must be to eliminate those from the finished product for the court. 

Kamran

Hi all,
Northampton County court were taking their sweet time and when I reached out they told me that the case had only been recently referred to Croydon County Court. I reached out to Croydon asking for an update to my "Application to strike out a claim, with or without a stay" and they said the following:

"Please find attached Notice of Hearing which has been sent to you by post as well."

And it's going to be a telephone hearing in April:

1) Have they totally ignored my application to strike out a claim? or is this their actual response
2) Any suggestions on how to play this? Do I go back to them and ask them to re-review?

Thanks again for your support and advice