Abuse of Process - BW LEGAL win Appeal against strike out

beamerguy

So, it's business as usual with probably some added touches.  Onwards and upwards

Snakes_Belly

Well what BW have achieved is to stir people up and make them mad. Snakes is totally hissed off and cannot wait until the public consultation of the new CoP. 

Will be writing to Amanda Milling (my MP) regarding the new CoP . I still have copies from my bundle of the DRP website and the LBC that shows the £60.00 added on as a charge for debt recovery.  I was prepared to argue this but it did not apply in the end.

When I went to court it was a matter of principle. There are though many people out there who are in dire straits financially and struggling to put food on the table.  There are also people who are vulnerable and these toxic, unregulated, debt collection companies can tip these people over the edge. Something needs to be done about this.

To CM, Bargepole and Lamilad, keep up the good work and "nolite te bast--des carborundorum".

Snakes_Belly

I understand that Robert Jenrick, Secretary of State for Housing is involved in the new Code of Practice. Surely he would not want people to be precluded from obtaining a mortgage because of a CCJ as a result of a spurious parking charge. That is against his objectives.

Fruitcake

Snakes_Belly said:

I understand that Robert Jenrick, Secretary of State for Housing is involved in the new Code of Practice. Surely he would not want people to be precluded from obtaining a mortgage because of a CCJ as a result of a spurious parking charge. That is against his objectives.

I sent an email to Mr Jenrick about the public consultation almost a month ago, but have yet to hear back from him. Picture me not surprised, nor holding my breath.

Umkomaas

Snakes_Belly said:

Surely he would not want people to be precluded from obtaining a mortgage because of a CCJ as a result of a spurious parking charge.

Nor would Theresa May. Remember her promise .....?

Snakes_Belly

Fruitcake said:

Snakes_Belly said:

I understand that Robert Jenrick, Secretary of State for Housing is involved in the new Code of Practice. Surely he would not want people to be precluded from obtaining a mortgage because of a CCJ as a result of a spurious parking charge. That is against his objectives.

I sent an email to Mr Jenrick about the public consultation almost a month ago, but have yet to hear back from him. Picture me not surprised, nor holding my breath.

I wrote to Amanda Milling just after lock down was eased regarding a local matter. She has not replied however the issue seems to have been dealt with in my area.  I expect that Covid19 is taking up much of their time.

She did offer to write to Excel at the time of my case but I thought that it would have been a waste of her time. 

Mahershalalhashbaz

bargepole said:

So the net result is that DJ Grand's judgment is overturned in the case of Mr Semark-Julien, but still stands with regard to Mr Crosby. 

Presumably the many other judgments where cases were thrown out for abuse of process by BW Legal still stand.  The way may now be open for BW Legal to pursue Mr Semark-Julien in the courts, but not the rest of us for whom the cases against us were thrown out (and they chose not to appeal within the window allowed). 

I wonder if that is how we should be thinking, despite the threat on BW Legal's website ('all pre-allocation claims which have previously been struck out by Deputy and District Judges for being “an abuse of process” could now be subject to set aside applications'), and in letters asking for payment even after cases have been thrown out.

nosferatu1001

They would have to apply for a set aside in each and every case, and the longer theyve left it the less chance they have - theyre nto acting promptly. Each set aside will cost £255 (to their client) and, as you didnt make the order, this is not a cost for you to bear; they had 7 days to appeal the order when it was given without cost, and chose not to. They'll lose money on each even if they then win. 
Their threat is so, so empty. 

beamerguy

Mahershalalhashbaz said:

bargepole said:

So the net result is that DJ Grand's judgment is overturned in the case of Mr Semark-Julien, but still stands with regard to Mr Crosby. 

Presumably the many other judgments where cases were thrown out for abuse of process by BW Legal still stand.  The way may now be open for BW Legal to pursue Mr Semark-Julien in the courts, but not the rest of us for whom the cases against us were thrown out (and they chose not to appeal within the window allowed). 

I wonder if that is how we should be thinking, despite the threat on BW Legal's website ('all pre-allocation claims which have previously been struck out by Deputy and District Judges for being “an abuse of process” could now be subject to set aside applications'), and in letters asking for payment even after cases have been thrown out.

We have already seen their next stage attempt ...
https://forums.moneysavingexpert.com/discussion/6175937/bw-legal-letter#latest

Take no notice of their propaganda in that article.  Read further down and you will see the actual judgment shown by KeithP.   They are about to embark on a very dangerous and costly attack on Judges around the country. The BWLegal Abuse of Process is still applicable.

To put this in perspective, it was not this forum who said ABUSE OF PROCESS, it was the courts which then spread around the country.  This will mean that we provide the courts with a more detailed defence and that is what the appeals judge is looking for.

Until BWLegal stops their £60 rubbish, Abuse of Process is firmly on the menu

Mahershalalhashbaz

bargepole said:

BW then launched an appeal, involving Semark-Julien only, and not Mr Crosby. This might be described as clever, or in the alternative cowardly, because they will have known that if Mr Crosby had been included in the appeal, they would almost certainly have been opposed at the appeal hearing by a crowdfunded barrister.

Or perhaps another way of looking at it is that they chose not to go after someone armed with advice and support from this forum.  BW Legal's disgraceful personal attacks should be taken as a compliment, and attests to the effectiveness of the advice given here.  A big thank you to Bargepole, CouponMad and Lamilad!