BW LEGAL Court Claim - Wrong Issued Address

davejamesman

Relating to this early thread, where a County Court Claim Form was forwarded to me from my previous address. MSE community advised I quickly submitted my template defence as advised in December 2020.

This is my first time and I forget the process now, but it seems MCOL still don't have my new address or notified me my email. I thought I'd given them my new address, apparently now. bwlegal somehow have it.

So bwlegal this week notified me that I lost the case and reduced the MCOL of £253 to £160 if payment made by 5 May 2021.

A claim was issued against you on 20/10/2020
Your defence was received on 31/12/2020
DQ sent to you on 21/01/2021
DQ filed by claimant on 03/02/2021
General sanctions order was made on 25/02/2021
Defence was struck out on 22/03/2021
Your defence was rejected on 22/03/2021

So it seems the DQ was posted to the old address? I haven't received it at my new address.

Can someone please advise what my options are regarding continuing to fight, or accepting the £160 reduced amount.

On a side note, I feel aggrieved that my ticket expired/wasn't renewed on time (the claim states) as both ticket machines didn't accept my pound coins, and so I had to travel across town to find my partner with my wallet for a card before renewing the ticket. And whilst this moan might not serve me well in court, my entire defense seems to focus on other matters, ones of a legal jargon I didn't understand. Ahh.

Le_Kirk

davejamesman said:

 And whilst this moan might not serve me well in court, my entire defense  defence seems to focus on other matters, ones of a legal jargon I didn't understand. Ahh.

But you wrote the defence did you not?  Or you copied the standard defence template where you altered just paragraphs 2 & 3, which would be your words.

Coupon-mad

On a side note, I feel aggrieved that my ticket expired/wasn't renewed on time (the claim states) as both ticket machines didn't accept my pound coins, and so I had to travel across town to find my partner with my wallet for a card before renewing the ticket. And whilst this moan might not serve me well in court, my entire defense seems to focus on other matters, ones of a legal jargon I didn't understand. Ahh.

But the template defence tells everyone to add such facts in para 2 and 3, so your defence should have included that near the start.  Not that it matters now, but our template covers this and your defence shouldn't have been entirely generic. People can add the facts in half an hour flat.

Oh dear. Your defence was struck out for failing to return the DQ that you didn't receive.  How did you not give the court your new address, surely that was added to the defence, or the covering email, or the Acknowledgement, surely you did that vital thing, knowing the court had the wrong address?

When did BW Legal have your new address and where from?  I would ask that question because if they had it all along and filed the claim to the wrong address, then waited to swoop when you didn't receive something along the line, I'd be applying to set aside the CCJ and pointing out the Claimant's conduct.

What date was the court judgment though, exactly?  If the Court judgment (NOT THE DEFENCE STRIKE OUT...don't assume they are the same) was more than 30 days ago then you will stuff yourself up like a kipper with a CCJ for SIX YEARS if you pay it. 

So knowing the date of judgment is crucial.  DON'T JUST PAY IT WITHOUT KNOWING THE DATE AND FACTS. 

No ringing them.  But why not email BW Legal and ask:

- on what date was judgment in default granted?

- on what date and where did BW Legal get your new (correct) address from, and if it was this easy to find (after CCJ) why was the claim filed at an old address?  

Also ring the local court to ask the date of judgment just in case you are within 30 days...but I would ask those questions of BW Legal.  How dare they file a claim to an old address then merrily find you easily at your new address after CCJ.