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BW Legal Letter, confused about what stage I'm at!

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Issuing a spate of claims that should (with due diligence) have been included in the first claim, is an abuse of the court process.  Search the forum for cause of action estoppel yours faithfully to find a letter used before.
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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 March 2021 at 7:34PM
    I'll do my AOS asap. 
    Slow down.

    By filing an Acknowledgment of Service too early you may reduce the amount of time you have available to file a Defence.

    What is the Issue Date on your latest County Court Claim Form?

    And going back to your earlier point... there is no way the Claimant will delay processing a claim after the Claim has actually been issued.
    It is never a good idea to phone a Claimant or their solicitors. In this case it looks like they may have misled you into believing you have thirty day more to file a Defence than you actually do have.
  • Well, this was sent on March 3rd. Which would mean this Wednesday is the end of the 14 day window. But....is it a claim form? Or is it an LBC? They did definitely say it was "on hold" over the phone (I know now it wasn't a good idea to call but it was a lengthy process to gather all of the information to support my request the set aside and calling was the only way to get a clear timeline!) but could have been purposefully misleading.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 March 2021 at 8:48PM
    That is not a County Court Claim Form.
    Stick those bold words into google to find out what one looks like.

    It is not a Letter Before Claim either.

    In fact, I cannot understand what that meaningless ungrammatical letter is even trying to say.

    There is no mention of a 14 day window either. Where did you get the '14 days' from?
  • I got 14 days from following the stages in the link from the NEWBIES stickies; the bargepole link about acknowledging the service of claim (step 1). I guess I'll just sit tight until one of those shows up! 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 March 2021 at 11:14PM
    Just to be 100% clear , a court claim pack comes by mail to your address from the CCBC in Northampton , not from the claimant parking company , not from their lawyers either , so from a government dept

    A formal LBC comes from a parking company or their lawyers with 30 days notice and includes financial forms and should be acted upon

    A debt collector letter usually comes from a claimant , or a debt collector firm like drpl , or a lawyer firm , with 14 days notice and can be disregarded

    Anything else tends to be meaningless and filed only
  • Umkomaas
    Umkomaas Posts: 43,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Almost 120 posts and were at a nothing stage. The OP needs to familiarise him/herself much more with the basics in advance, to prevent this thread going off the Richter scale when the business end of this stuff bites his/her derrière. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • @Umkomaas I disagree. I don't believe we're at "nothing stage" as I've gathered an accurate timeline from all parties for events that happened 5 years ago, I've filed a set aside about the CCJ and because of the help if this incredible forum feel confident in my defence points on this matter. I'm now back to the beginning on a second, additional issue and was raising questions about that. I'll now attempt to keep comments and questions to a minimum but you should feel free to ignore this thread.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Its more - you said you had a claim form
    You did not, but you sent yourself AND us down a rabbit hole for a while. In fact that letter above says literally nothing - it is not a letter before claim,- so why did you send the debt denied seeking DEBT advice (not legal advice, 2 different words so two different meanings, and only ONE of which you are told to use) ?!
    Is that really all you have from them? If so you DO NOT mention anything more to them. You do NOT want them tacking on theser new claims onto the one you are seeking set aside on. 
  • Umkomaas
    Umkomaas Posts: 43,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    but you should feel free to ignore this thread.
    I'd be quite circumspect about offering out that opportunity - there are very very few people here able to provide the advice you are inevitably going to need. 

    I will consider it carefully. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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