BW Legal County Court Claim Form

Sam_was_here

Hi All,
Trust you are well. Just wanted to update you all about the Claim History section which has now been updated with the following statement 'DQ sent to you on 01/02/2021'.
So I am going to send out the filled in DQ (using the guidance in the Newbie section) to the following emails in the next few minutes (Subject DQ - Claim Number):
1. The email address for CCBC which I I used for defence submission - CCBCAQ@justice.gov.uk 
2. And the following 3 email addresses of BW Legal team:

• litigation@bwlegal.co.uk

• using the email address format of firstname.lastname@bwlegal.co.uk I will add the individual from BW Legal team who is named on the claim form in the To line.
• And cc enquiries@bwlegal.co.uk as belt and braces.

Many Thanks
Sam

nosferatu1001

Seems sensible. 
The C wont really care about your DQ - they know it will be at your court, and the number of witnesses etc is irrelevant to them. But you send it anyway so you dont get caught out. 

Sam_was_here

Hi All,

Trust you are well. Just wanted to update you on the latest development please.

Recap of recent activities :

1. After submitting my defence in Mid Jan. I received a letter by post from the Claimant's Solicitors (BW Legal)on the 30th Jan stating that they have received my response and that their client has decided to proceed with the claim, the letter went on to say that they are allowing until 11th Feb for me to pay the amount. I filed this letter as a stock response.
2. Then, on the 1st Feb I emailed my DQ to CCBC and to BW Legal. 
3. The Claim History section was updated the next day with the following statement 'You filed a DQ on 02/02/2021'.

Latest update

Yesterday (11th Feb) was the deadline that BW Legal had quoted in their 30th Jan letter. And today I have received another letter from them along with their DQ where they have opted for Small Claims Mediation service.

PFB the letter from them (I have trimmed this to avoid any personal details/identifiers displaying here):

I need your kind advice on the next steps please.

1. I believe this letter implies that they will not cancel the claim  and therefore I should start working on my steps, i.e. the Witness Statement and Cost assessment?
2. Also, is there an implied deadline in the light of this letter or will the clock start ticking only once the date of hearing is finalized (and conveyed to me via the Claim History section I presume)?
3. Is there a ballpark on the number of days from now before the hearing please, I am going through some transitions at work and would like to plan this if I can, to be able to avoid contentions with work priorities.

Many thanks for your guidance yet again.

Best Regards
Sam

KeithP

Sam_was_here said:

Hi All,

Trust you are well. Just wanted to update you on the latest development please.

Recap of recent activities :

1. After submitting my defence in Mid Jan. I received a letter by post from the Claimant's Solicitors (BW Legal)on the 30th Jan stating that they have received my response and that their client has decided to proceed with the claim, the letter went on to say that they are allowing until 11th Feb for me to pay the amount. I filed this letter as a stock response.
2. Then, on the 1st Feb I emailed my DQ to CCBC and to BW Legal. 
3. The Claim History section was updated the next day with the following statement 'You filed a DQ on 02/02/2021'.

Latest update

Yesterday (11th Feb) was the deadline that BW Legal had quoted in their 30th Jan letter. And today I have received another letter from them along with their DQ where they have opted for Small Claims Mediation service.

PFB the letter from them (I have trimmed this to avoid any personal details/identifiers displaying here):

I need your kind advice on the next steps please.

1. I believe this letter implies that they will not cancel the claim  and therefore I should start working on my steps, i.e. the Witness Statement and Cost assessment?
2. Also, is there an implied deadline in the light of this letter or will the clock start ticking only once the date of hearing is finalized (and conveyed to me via the Claim History section I presume)?
3. Is there a ballpark on the number of days from now before the hearing please, I am going through some transitions at work and would like to plan this if I can, to be able to avoid contentions with work priorities.

Many thanks for your guidance yet again.

Best Regards
Sam

1. you are correct.

2. No deadline in that letter. Just file it. The next letter will be from the CCBC telling you that the claim has been assigned to your nominated hearing court.

3. There will be no hearing until late summer/autumn. But that really depends on how busy your court is. May even be next year. Who knows.

Fruitcake

No to mediation.
The only relevant dates are those required by the court.
If you want to know the number of days before a hearing date, I suggest you find a piece of string and then measure it.

Always assume it is going to court and prepare according. Read all court docs/orders, especially the fine print.
Mark dates on your calendar with warnings days/weeks in advance so you don't miss any filing dates.
Follow the guide to court from the NEWBIES.

Sam_was_here

KeithP said:

Sam_was_here said:

Hi All,

Trust you are well. Just wanted to update you on the latest development please.

Recap of recent activities :

1. After submitting my defence in Mid Jan. I received a letter by post from the Claimant's Solicitors (BW Legal)on the 30th Jan stating that they have received my response and that their client has decided to proceed with the claim, the letter went on to say that they are allowing until 11th Feb for me to pay the amount. I filed this letter as a stock response.
2. Then, on the 1st Feb I emailed my DQ to CCBC and to BW Legal. 
3. The Claim History section was updated the next day with the following statement 'You filed a DQ on 02/02/2021'.

Latest update

Yesterday (11th Feb) was the deadline that BW Legal had quoted in their 30th Jan letter. And today I have received another letter from them along with their DQ where they have opted for Small Claims Mediation service.

PFB the letter from them (I have trimmed this to avoid any personal details/identifiers displaying here):

I need your kind advice on the next steps please.

1. I believe this letter implies that they will not cancel the claim  and therefore I should start working on my steps, i.e. the Witness Statement and Cost assessment?
2. Also, is there an implied deadline in the light of this letter or will the clock start ticking only once the date of hearing is finalized (and conveyed to me via the Claim History section I presume)?
3. Is there a ballpark on the number of days from now before the hearing please, I am going through some transitions at work and would like to plan this if I can, to be able to avoid contentions with work priorities.

Many thanks for your guidance yet again.

Best Regards
Sam

1. you are correct.

2. No deadline in that letter. Just file it. The next letter will be from the CCBC telling you that the claim has been assigned to your nominated hearing court.

3. There will be no hearing until late summer/autumn. But that really depends on how busy your court is. May even be next year. Who knows.

Many thanks Keith. This is very helpful. Just knowing what to expect and roughly when is 90% of the stress managed!!
Much appreciated.

Sam_was_here

Fruitcake said:

No to mediation.
The only relevant dates are those required by the court.
If you want to know the number of days before a hearing date, I suggest you find a piece of string and then measure it.

Always assume it is going to court and prepare according. Read all court docs/orders, especially the fine print.
Mark dates on your calendar with warnings days/weeks in advance so you don't miss any filing dates.
Follow the guide to court from the NEWBIES.

Many thanks Fruitcake,  I was going to add that my question is more of a query on the length of a piece of string . Clutching at straws here, with changes at work. I had marked 'No' on the DQ question around any specific dates of unavailability. Envy those who have that kind of visibility - but I am relieved to know that this isnt going to happen in the next few weeks.
Thanks for the guidance, I will endeavor to post the first draft of WS for critique in the next few weeks. I will create calendar reminders too, although it's fair to say that hardly a day goes by when this thing doesn't hound me, its only money but I am amazed at the level of impact this has had in the last 3 months on the stress levels.
Thanks again to you and everyone here for the continued support!!

Best Regards
Sam

Ralph-y

some reading for you ... we would suggest that you make a start now so as to be up  to speed when the claim arrives

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Sam_was_here

Ralph-y said:

some reading for you ... we would suggest that you make a start now so as to be up  to speed when the claim arrives

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Many thanks for sharing these Ralph. Will do.

Sam_was_here

Folks,
Hope you have been well. Apologies for the long post below, in advance.
Shortly after my last update here, I had received a letter from the court confirming the date of hearing as the 8th Dec 2021. So I have been biding time so far.
Last week however, I received a letter from BW Legal and I wanted to update you on this recent development and thank you all for getting me to this point.

The letter from BW Legal states the following:

We refer to the above matter.
We enclose by way of service our client's Notice of Discontinuance, a copy of which has been filed at court.
We confirm that having discontinued the legal claim, we are instructed not to pursue the debt and our file shall
be closed immediately.
Yours sincerely

It also has a 'Notice of discontinuance' attached to it.

So it would seem that the harassment from Premier Park Ltd and their representatives BW Legal is coming to an end as the hearing on the 8th Dec looms on the horizon.

 

I checked my case on MCOL and the last update on it is still the one from February this year regarding the transfer of the case to my local court: 'Your claim was transferred to xxxxx on 15/02/2021'

So I do need some guidance on the below points please:

1. Is there anything I need to do from my end to put this matter to rest, the Notice of discontinuance states : 

"Note: Where another party must consent to the proceedings being discontinued, a copy of their consent must be attached to, and served with, this form"

I presume it doesn't need any further actions from me. But to be on the safe side may I confirm if I,  in any way, need to consent to this and relay this to the court ? or is this unilateral withdrawal from their end closes this case?

2. Also, although I am happy that they have decided to discontinue and save me the trip to the court, I am extremely frustrated with their threats and the whole rigmarole of having to go through this legal process to defend my position, which needless to say, without the time and guidance from the folks on this forum would not have been possible. I want to understand what would it take to make a claim against them for this waste of time and above all the mental harassment I suffered at their hands in this past year. I would donate the proceeds to this forum if that is at all allowed/possible so that others in similar situation like me can continue to benefit from your guidance, failing that I will donate this to a charity. Unless they are made to pay some compensation it would feel as if they still got away with this.

That said, once again, to me this is still the outcome I had hoped for and this has only been possible because of the support and guidance from you all on every step of the way. If there was any other way for me to show my gratitude to you all I would. But in absence of that, my sincerest wishes for your good health!

Best Regards
Sam