BW Legal Application to have judge's struck out decision set aside - what happens next?

Le_Kirk

Got it - DRN3140059 - how typical of BW Legal.

DoaM

Finally found the right link ... https://www.financial-ombudsman.org.uk/data-insight/ombudsman-decisions (It's not easy to find, I had to search for the term decisions). After that just search for the business name BW Legal.

beamerguy

BWLegal have a severe chip on their shoulder, as we know.

There is only one "witch hunt" and that is the actions of BWLegal from their coven. 
Despite their appeal, they still fail to prove their legal authority to add £60.  The appeals judge made it clear that strike outs should have proof.   I am sure that Judges around the country will be delighted that we can assist them in this matter

Snakes_Belly

Thank you for emailing Amanda Milling MP.

We have passed on your comments to Rt Hon Robert Jenrick MP asking for your remarks to be noted and considered during this and any further consultations.

If we can be of any further assistance in the future, please do not hesitate to contact us.

Kind Regards

I sent copies of the DRP web page (no collection, no fee), LBC showing clearly that £60.00 had been added on in debt collection fees, and letters from DRP.  It's very clear evidence that the PPC is not paying the debt collection agent.

Snakes_Belly

Regarding Miss B, I am glad that she stood up to BW because none of these companies treat people with dignity. That's why people on here are advised not to telephone them. 

beamerguy

Snakes_Belly said:

Thank you for emailing Amanda Milling MP.

We have passed on your comments to Rt Hon Robert Jenrick MP asking for your remarks to be noted and considered during this and any further consultations.

If we can be of any further assistance in the future, please do not hesitate to contact us.

Kind Regards

I sent copies of the DRP web page (no collection, no fee), LBC showing clearly that £60.00 had been added on in debt collection fees, and letters from DRP.  It's very clear evidence that the PPC is not paying the debt collection agent.

In view of what is going on, the time is now for debt companies to prove they invoiced the PPC and in turn that the PPC paid it.  Bear in mind that false accounting is a criminal offence

MothballsWallet

beamerguy said:

Snakes_Belly said:

Thank you for emailing Amanda Milling MP.

We have passed on your comments to Rt Hon Robert Jenrick MP asking for your remarks to be noted and considered during this and any further consultations.

If we can be of any further assistance in the future, please do not hesitate to contact us.

Kind Regards

I sent copies of the DRP web page (no collection, no fee), LBC showing clearly that £60.00 had been added on in debt collection fees, and letters from DRP.  It's very clear evidence that the PPC is not paying the debt collection agent.

In view of what is going on, the time is now for debt companies to prove they invoiced the PPC and in turn that the PPC paid it.  Bear in mind that false accounting is a criminal offence

Sadly, if you have enough money and the right friends in the right places, you can get away with crimes: this country really is turning into the USA more and more every day....

EdMan34

Questions:

1. What happens next at the hearing?
   
2. Can I attend? (Telephone hearing)
   
3. What are the possible outcomes and what would happen if it is set aside?
   
4. Do I need to do anything?

I'll answer my own questions here for the benefit of anyone who wants to know if they find themselves in the same situation.

1. The judge will hear the reasons why the decision should be set aside by the claimant.

2.  As I found out, if it's a telephone hearing you will be dialled in about 20minutes before which was unbeknown to me.  So yes, by default you will be attending (nothing in the documentation from the court made that clear)

3. I assume the judge can accept the draft order the claimant / PPC puts forward or make whatever ruling they want.  In my case they set aside the original ruling and this will go back for another hearing.

4. Not sure.  I was given the opportunity to speak.  Was I expected to defend a decision made by another person (judge) who seemingly left almost no notes and without any legal training - I have no idea.  I'm not sure I was, I think i was just given an opportunity to speak.  Certainly I had no formal way of submitting material or presenting an argument such as when I filed my initial defence.

I have been given the opportunity to amend my defence in response to  the amended claim that was made as part of the set aside request so I'll look at coupon mad's stuff in post #10 of this thread (thanks)

FWIW it seemed to me the judge thought - "well there is a claim here and it's reasonable so why the first judge threw it out I don't know. " The content of the claim never seemed to be in question, only was there technically a reasonable claim so talking about the actual content of the claim didn't seem to be at question at all.

Hope this helps someone.  At least you'll know you be attending! I certainly didn't know!

Coupon-mad

I have been given the opportunity to amend my defence in response to  the amended claim that was made as part of the set aside request 

You will need a defence, a WS and evidence (all three). 

Check out the WS I posted here, where I showed how to argue back about the Semark-Jullien case, to stop a Judge thinking it said something it didn't:

https://forums.moneysavingexpert.com/discussion/6102255/preparation-of-defence-hx-gladstones/p6

You need that in your WS; with non-ParkingEye cases, everyone does now. 

WARNING - OBVIOUSLY NO COPYING DENIALS OF BEING THE DRIVER UNLESS THAT'S TRUE IN YOUR CASE.

EdMan34

As always coupon-mad; many thanks.