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

Kamran

Hi all, they apologised and said that they forgot to send the response to my request to strike out the claim:

Before Deputy District Judge Nix sitting at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NNI 2LH

 It is ordered that:

 The application must be heard on notice.

 The claim be transferred to the Defendant's local County Court Hearing Centre.

 Please note that now the Deputy District Judge has requested that this application be dealt with at a hearing a further fee of £155.00 is required from the Defendant to be payable at the Croydon County Court Hearing Centre.

 Note: This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

Kamran

So do I understand correctly that this hearing is to discuss my application to strike out the case? Or is it the actual court case?

Coupon-mad

It's to hear your application.  Remind us what you application was about (exactly) as we are on page 9 of the thread and an application from a D is unusual?

Kamran

Coupon-mad said:

It's to hear your application.  Remind us what you application was about (exactly) as we are on page 9 of the thread and an application from a D is unusual?

Thanks for your response.
The reason for the application to strike out the claim was that I moved abroad back in 2019 and shared my new overseas address (outside of the EU, FYI) with BW legal. Since then have received nothing at my overseas (correct) address. Continue to get mail from them at my last old known address in the UK, even though I had informed them clearly.

Kamran

Johnersh said:

This is the courts response to your application.

The court won't just decide to strike out the case (it can happen, but it is rare). This case will be dealt with at a telephone hearing, where both sides get to put their argument as to why (or why not) the case should be struck out. 

Do read the Civil procedure rules - free and online. Esp those regarding applications, service, service outside the jurisdiction and strike out. 

This is procedural: we're not interested in the merits of parking, but whether the claim form is correctly issued. The fact is, that if you were not resident, MCOL was the wrong procedure. They either needed permission to serve outside the jurisdiction or (if relevant/available to  them at the time) could have used the EU online claims procedure. 

The absence of particulars or claim form and the failure of the ppc to supply it (assuming you've asked for it once already) probably only helps to highlight the fact it was not served and that the ppc is content that you should be disadvantaged. 

Thanks again for this

Coupon-mad

Aha - then stick with @Johnersh's advice as a forum poster here.  In 'real life' he is a solicitor.

Kamran

Thanks - is there any prep I need to do other than that reading? Will the hearing itself basically listen to each side of the perspective and then quickly decide? They told me it would be scheduled for 15mins only

Kamran

Hi all, my call with the court is tomorrow. My approach will be:
Reiterate that the incorrect procedure was taken - I provided my correct contact details but these were ignored. I am non-resident in the UK since 2019 and so the correct international claims process needs to be followed.

At the end I intend to ask for my schedule of costs to be reimbused + £155 hearing fee.

Anything else to add?
Thanks again

Umkomaas

You'll need to say, that as you are living in <X>, and have been since <Date>, you believe that you are outside the jurisdiction of the UK courts. You informed the claimant of this on <Date>, yet, despite them having legal representation, they have continued to progress their claim against you.

Ask for costs for 'Unreasonable Behaviour' @ £19ph litigant in person rate x the hours this has taken you to resolve (the outside jurisdiction element, not the standard PCN charge). You will need to itemise the elements and urgently email it to the court and the claimant.

Make sure in the subject line you mark it for the urgent attention of the judge - by name if you have it - with your court reference number and in bold 'Hearing tomorrow, 28/04/2021 at <Time>'

Good luck and please let us know how it progresses. 

Kamran

Umkomaas said:

You'll need to say, that as you are living in <X>, and have been since <Date>, you believe that you are outside the jurisdiction of the UK courts. You informed the claimant of this on <Date>, yet, despite them having legal representation, they have continued to progress their claim against you.

Ask for costs for 'Unreasonable Behaviour' @ £19ph litigant in person rate x the hours this has taken you to resolve (the outside jurisdiction element, not the standard PCN charge). You will need to itemise the elements and urgently email it to the court and the claimant.

Make sure in the subject line you mark it for the urgent attention of the judge - by name if you have it - with your court reference number and in bold 'Hearing tomorrow, 28/04/2021 at <Time>'

Good luck and please let us know how it progresses. 

done, thanks