BW legal

Coupon-mad

You are being sued, is where you are at.

You are now in a race to beat them from getting a CCJ against you, for ignoring a court claim form in February.

Use the Template Defence in the thread I edited last week (top of the forum).  Luckily most people can edit that in half an hour or so, and you can email it, so you can certainly get this done tonight.

User0321

Thank you all for your replies, great stuff, i will get this defence written up and sent over!

User0321

Got it written up, little confused on the wording on step 4. 
i know i send it to CCBCAQ@Justice.gov.uk but do i send a copy to BW legal too?

Fruitcake

You send it to the CCBC.

If it is accepted, they will send it to the claimant.

Le_Kirk

Fruitcake said:

You send it to the CCBC.
If it is accepted, they will send it to the claimant.

The new template defence from @Coupon-mad is once again advising posters to send copy to the claimant or their solicitors.  This was also advised by @Johnersh yesterday.  This was fine when there was a problem with CCBC but I am not sure if it is right to circumvent a procedure that has been used for years and what problems it might cause.  Also it is giving claimants an early sight of a defence, which might be a good thing if it is a good defence and the claimant decides not to go ahead with the hearing.  I have no knowledge of which way is right but @Coupon-mad is very experienced and @Johnersh is a lawyerly type.

4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.

User0321

Okay thanks i will send a copy over to BW

Johnersh

Thanks @Le_Kirk
My view is formulated on the basis of:

1. The rules - strictly speaking, the CPR requires statements of case to be filed and served - CPR 15.6
2. A safety net - If there is a court error or delay the claimant won't and can't apply for judgment as they'll have a defence and will (correctly) assume the defendant has filed at court and served it on them. 
3. Nothing to lose - The claimant will be sent the defence within a matter of days by the court. There really isn't much time difference and there's certainly no advantage to them not seeing it, esp if the defence is any good. 

Le_Kirk

Having looked at CPR15.6 (not for the first time, I might add) I can see it is unequivocal and makes me wonder why the CCBC sends it to the claimant.  This must be confusing for the claimant (boo hoo) sometimes receiving the defence twice and at other times only once!
Needless to say (but I will say it anyway) I shall be advising posters (once again) to serve it on the claimant or their solicitor as a matter of course.

cfields1989

Hi all,

I'm in exactly the same situation as @User0321. Same letter, and I can say for sure I HAVE NOT received a claim form. They're saying their client made a claim on 14th December 2022 (Letter dated 23.01.2023). I tried to check if I can respond to the claim on the Government Website but I can't access it without the password which is not on the letter.

What is the best course of action here? Should I contact BW Legal? Does that mean a CCJ is on its way?

Coupon-mad

cfields1989 said:

Hi all,

I'm in exactly the same situation as @User0321. Same letter, and I can say for sure I HAVE NOT received a claim form. They're saying their client made a claim on 14th December 2022 (Letter dated 23.01.2023). I tried to check if I can respond to the claim on the Government Website but I can't access it without the password which is not on the letter.

What is the best course of action here? Should I contact BW Legal? Does that mean a CCJ is on its way?

Ring the CCBC in the morning but only AFTER reading what exactly to ask them (and record it on your phone).

Read the CCJ threads by:

@Sasanova

and

@63realfan

...and send them a pm to see if all your missing claims are from the same day/week.

You need to ask the CCBC which address the purported claim went to and a few other things - spelt out in the above threads.

If your case is the same as the 2 above (correct postal address but no claims ever served) then complain to the CCBC and urgently apply to get your CCJs set aside (Sasanova has already succeeded).

This thread is a year old and not like the current issue of the missing batch of claims.

Start your own new thread tomorrow, once you have read the two threads I am signposting you to, and AFTER you've phoned the CCBC to get all the required details.  Do not let the CCBC staff talk you into "just paying it to make it go away."