Urgent Assistance - CCC Defence deadline today!

BPJT

@Coupon-mad @D_P_Dance this last section also concerns me:

In summary, we consider your Defence to have been copied and pasted, largely irrelevant to the claim, liable to be stuck out and arguably amounting to a false statement. We reserve the right to highlight this to the court on the issue of costs.

It suggests they will seek strike-out and that I may face additional costs for the alleged "false" statement - very aggressive and hostile to say the least!

go-on-then

They all say that. Dont worry.

patient_dream

Standard nonsensical stuff from BWLegal.  BWLegal has a hate for this forum which disturbes them so they are prone to come out which this rubbish
BWLegal are masters of copy and paste .... you have just received one of them.  It really is an old wheeze that is laughable

As Coupon-mad pointed out .... 

Calling your statement a 'false statement' is tantamount to accusing you of fraud.  That's a brave phrase from s legal firm and can be used at WS and hearing stage to argue their and their client's behaviour has amounted to a vexatious and wholly unreasonable course of conduct.

Such comments are very unprofessional and it is your duty to report them to the SRA 

Umkomaas

BPJT said:

@Coupon-mad @D_P_Dance this last section also concerns me:

In summary, we consider your Defence to have been copied and pasted, largely irrelevant to the claim, liable to be stuck out and arguably amounting to a false statement. We reserve the right to highlight this to the court on the issue of costs.

It suggests they will seek strike-out and that I may face additional costs for the alleged "false" statement - very aggressive and hostile to say the least!

You need to be reading other threads involving BW Legal - you would have spotted this on numerous occasions. Staying only on your own thread will not prepare you for the bigger things to come. 

Suggesting a 'false statement' has been made is a serious allegation and can lead to a charge for 'contempt of court' (not that you have anything to worry about), so I would put in a robust complaint to the Solicitors Regulation Authority (SRA) about the allegation and ask that they thoroughly investigate BWL - urgently.

Coupon-mad

My goodness if that template drivel worries you then you haven't read any other threads like yours.  It is discussed all the time.  That template is nasty and tantamount to alleging fraud, which is wholly unreasonable conduct (by them).

BPJT

UPDATE: Weird, I received full bundle of docs from BW Legal with WS and very next day received notice of discontinuance. Not sure what to make of it - we had a court date for later this month and was about to begin asking for help re my WS & evidence before discontinuance notice. 
I am particularly surprised because the bundle of documents contains both a WS and a Skeleton Argument stating that:

• all but the first 4 paragraphs of the defence should be ignored, 
• the statement of truth "patently cannot cover the pleading"  
• statement of truth & defence should be treated as "unreasonable behaviour"
• defence should be struck-out
• court should make an order for "unreasonable costs" later referred to as "wasted costs"

Received copy of contract too and as on other threads people were asked to check the name of the operator, I've listed all the (small) differences below:

• Contract: supplier of "services" is Brittannia Parking Services Ltd. 
• Signage:  Brttannia Parking Group 
• Previous letters all state Brittannia Parking, then in small print, Brittania Parking is a registered trading name of Brittannia Parking Group Ltd. 
• Court paperwork states Brittannia Parking Group Ltd t/a Brittannia Parking

So what do you all think? Is this definitely the end of it or can/will they somehow reinstate their claim? Cover letter simply says "Having discontinued the legal claim, we are instructed not to pursue the debt and our fie shall be closed immediately."

Thanks everyone.

Umkomaas

So what do you all think? Is this definitely the end of it or can/will they somehow reinstate their claim?

Seems pretty conclusive to me.

"Having discontinued the legal claim, we are instructed not to pursue the debt and our fie shall be closed immediately."

They've discontinued - in black and white - why would they reinstate their claim?

Le_Kirk

Umkomaas said:

So what do you all think? Is this definitely the end of it or can/will they somehow reinstate their claim?

Seems pretty conclusive to me.

"Having discontinued the legal claim, we are instructed not to pursue the debt and our fie shall be closed immediately."

They've discontinued - in black and white - why would they reinstate their claim?

That seems like good news and a WIN.  However, we have seen PPCs seemingly discontinue but not actually.  Wait for confirmation from the court.

BPJT

Thanks both, I'm sure I saw another thread when reading up on here that said a case had been resurrected after previously being discontinued and also, as I used the template, which included the last bit about if discontinued at late stage, I request the case proceed as a costs hearing - not sure what to do about that - should I also discontinue? If it goes ahead because of that paragraph, are BW Legal likely to decide to pursue after all and/or is the court likely to consider everything, including substance of the claim in the first place? I'm really not well and could do without the stress so if me discontinuing too makes the whole thing go away I'm happy to do that.

Umkomaas

The only way you 'discontinue' is by paying the charge, discontinuance is in the gift of the Claimant. Stop unnecessarily overthinking this. Call the court in a few days time and check that they've received the discontinuation notice and ask them to confirm they've actioned it.