BW Legal Autoreply - how much info to give

Porchahontas

KeithP said:

Porchahontas said:

A County Court Claim form was issued on 15 December 2020 and deemed served 21 December 2020.

Have I mistakenly understood the letter I had to be an LBC?
What should I do next?  Many thanks in anticipation of your help.

Hopefully you filed an Acknowledgment of Service or a Defence by 4th January.
If you filed an AoS by that date, you had until 18th January to file a Defence.

Did you do that?

Whether you did or not, it would be a good idea for you to login to your MCOL account and copy and paste here your Claim History in full. It's only a few lines.

Without that it is difficult to suggest a next step.

I didn't file an AOS or a Defense by 4th January.  In my claim history, the only thing it says is:
'A claim was issued against you on 15/12/2020'
Under: Available options it says: 

At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission.

Acknowledgment of Service

If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).

Porchahontas

blackdog2220 said:

have you had a reply to your SAR from LINK , not bothered about BW , I am talking about a reply from LINK PARKING on LINK parking headed paper? 

I have had no response to my SAR from LINK/LINK PARKING as yet.

Umkomaas

I'd take a screenshot of that page, with a date and time clearly showing, then immediately file your AOS right NOW!  Don't put anything in the Defence box - see what then transpires. 

Porchahontas

Coupon-mad said:

BUNG IN A DEFENCE THIS WEEKEND.  NOW. 

THIS IS WHAT THE TEMPLATE DEFENCE IS FOR AND YOU WERE MEANT TO DO THIS 3 MONTHS AGO.

They have talked about being at liberty to seek judgment by default, which means they haven't yet. You MUST win that race.

OMG why did you start a thread in March telling us you have a LBC,  when in fact you have ignored a N1 court claim in December?

I was completely overwhelmed at the time, with everything I had on my plate.  I have recently discovered this as a resource, and wish I had earlier as I have already paid one in full after a CCJ was entered against me.  A friend pointed me in the direction of this forum, so I'm seeking to avoid the same thing happening again.

Thank you all for taking the time to reply to me - I really appreciate it.

Coupon-mad

Don't do the AOS.  Just get on with adapting the template defence.  Takes half and hour and you could have it emailed to the CCBCAQ email by this evening.

Porchahontas

In fact, I had clicked through on 'Start AOS', and saw this:

Before you acknowledge service of the claim against you, which gives you time to seek advice to complete your defence, you must make sure the following apply in your case:

you are filing your acknowledgment within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or

you are filing your acknowledgement within 14 days of service of separate more detailed particulars

If you haven't filed an acknowledgment of service within the time specified above, the claimant can request judgment against you.

However, if the claimant has not already entered judgment against you, you may file an acknowledgment of service up to 28 days after service of the claim (or separate particulars) on you.

You don't have to pay a fee to acknowledge service of a claim. If you file an acknowledgment of service electronically through MCOL, you don't need to send a copy by post.

From reading this, it seems that although the system is letting me proceed, I'm past the 28 days after service of the claim.  I will get on with adapting the defence template as coupon-mad suggests.  

Coupon-mad

Like we told you already, of course you can defend as long as you win the race, and the good thing is, it's the weekend and you have time to do this today or tomorrow.  You won't be doing anything on MCOL. 

The TEMPLATE DEFENCE thread tells you what to do and how, and you won't be clicking on 'start defence'.

Porchahontas

Coupon-mad said:

Like we told you already, of curse you can defend as long as you win the race, and the good thing is, it's the weekend and you have time to do this today or tomorrow.  You won't be doing anything on MCOL. 

The TEMPLATE DEFENCE thread tells you what to do and how, and you won't be clicking on 'start defence'.

Thank you Coupon-mad.  I am in the process of editing the template now, and have a question about the 'facts as known by the defendant' point 3:  Link Parking sent me a NTK first letter dated 5th March 2020 saying a PCN was overdue, but I had never been issued a PCN.  They also said that they had affixed a parking charge notice to my windscreen on 1st February 2020 15:18.  I had driven into this parking area at the rear of the railway station with the intention of parking there, but did not stay - I paused there but my engine wasn't even turned off as I took a call and had to return home to attend to my children.  They definitely didn't give me a ticket on my windscreen.  This first amount was for £100, and they said it would rise to £160 in the first instance of further action.  Is this the type of information I should include?

Johnersh

Just to reiterate. An AoS won't cut it. You need a defence at this juncture. 

beamerguy

My advice ,,,, take what has been said above very seriously
Don't be blinded by the keyboard warriors of BWLegal and their fake £60 add-on ... it will be a judge that spanks them for fakery