Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

Morning All, 

Had a rather surprising response from BW legal this morning, maybe only surprising in expecting them to act some sort of reasonability but not the case, see below the response to my email dated 18th July;

Good Morning 

 Thank you for your recent email, the contents of which have been noted on file. 

 Please be advised, on 4 November 2019, this case was with ourselves and not our Client. You were aware that this matter was being dealt with by ourselves and emailed us regarding this matter on 22 July 2019. Within this email, you quoted your address as:

Address removed

As a result, the address held by ourselves was correct and we continued to correspond with you at the address in question. 

You were perfectly aware that this address was being used by ourselves,due to this being returned to us as your most recent address by a soft search trace. You evidently received letters at this address, as you contacted us in response and provided the same address for service within your emails. Whilst we note that you notified our Client of your change of address, the matter was with ourselves at that point and you should have notified ourselves if you required your address for service to be amended.

 Further soft search traces were done prior to issuing a claim against you to ensure we held the correct address for service. The results show you were still living at the same address on 19 August 2020.

 Due process has been followed by ourselves in the issuing and entering of this County Court Judgment (CCJ) and as a result, we will not be applying to set this aside. Should you believe you have grounds to set this Judgment aside, we suggest you seek independent legal advice from a registered Solicitor. 

 The balance remains due and owing. Please conatct us to make a payment proposal for the outstanding amount. 

 hould you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at www.bwlegal.co.uk.

Someone PLEASE, reassure me they dont have a leg to stand on, I'm worried the CCJ wont be over turned now. @Johnersh ?

Coupon-mad

You gave the Claimant your new address.

Their DPO should have informed their solicitors to update the records.  To just sit on that address is surely unreasonable conduct by the Claimant.

The decision to litigate was absolutely the CLAIMANT'S decision (not BW Legal's) and when making that decision the PPC should have said: 'oh yes, and here's the Defendant's address for service.'

Harvez63

This is worrying me now, I guess thats their aim?

I'd love to know what "soft trace" showed I was living there 19th August 2020? Anyway to check that? Could they use this to make the CCJ stand even if I told the claimant of the address change?

Do I need to get proper help here? I'm playing with my own life here with the have a go myself. A CCJ on my record doesn't even bare thinking about

Coupon-mad

You do not need a solicitor.

The Claimant had your correct address all along, nothing has changed.

Email BW back to ask for evidence of the soft trace (apparently) done in August 2020 and not just their own case file notes about it.

And crack on now with the N244 if you haven't already. You are required to act promptly.

Follow what @Brokenchief did in their thread.

Harvez63

Morning @Coupon-mad, I just read @Brokenchief thread but there's no outcome yet if successful or not? He/she also got offered a set aside, I havent been from BW legal. 

I'll be honest I dont even want to respond to the cretins at BW legal. Full stop. I see posts about mentioning a "soft search for pennies", is there a way I can do one myself? 

If I go on Experian, under the tab "Personal Details" it shows I've resided at my new address since Dec 2019. But if I go through "Accounts" there are a few that have my old address such as a credit card I dont use, an 02 account, but for those 2 accounts there's 11 accounts with my current address. 

N244 was submitted 19th AUG, then again on 12th SEP due to me originally attaching the whole case files for the 4no cases to argue the case is dead, which exceeded the courts 10mb email rule. Is it worth me phoning them up to check they received it and its being processed? or will they not be able to tell me that 

Grizebeck

Check all 3 credit files for the soft search and a ccj is not the end of the world. Put it in proportion

Castle

Harvez63 said:

Morning All, 

 Further soft search traces were done prior to issuing a claim against you to ensure we held the correct address for service. The results show you were still living at the same address on 19 August 2020.

But the default Judgment is dated 8th April 2022, so did BWL check your address again after 19th August 2020, (even if they did check it before 19th August 2020), since they appeared to have waited until March 2022, (some 19 months later), to issue the claim.

Coupon-mad

You can phone but the CCBC are slow.  Did you pay the fee already?  Did you get an acknowledgement to your second email?

Harvez63

@Castle very good point! 

I have no doubt, speaking to any reasonable person and getting them to agree with me that if I sent the claimant my new address, its not for me to then tell their solicitors, and they've acted completely unreasonable and therefor the default CCJ should be removed. However ..... my biggest fear throughout this is I do something wrong, or they find a loop hole, and they make it stick.

I also believe, BW legal had my email address, therefor if they had no response to the letters they sent to the wrong address they could have contacted me through that.

@Coupon-mad I got the automatic CCBS FEES Acknowledgement response where it does state they will respond within 10 days. I also did add to the bottom of my email on the 12th saying "I trust his now complies and can be processed". so hopefully I just get a nod or something to say it's being processed. 

Probably thinking too deeply now, but I am who I am. One of my exhibits is the response from Premier park "we would like to confirm that we have updated your home address, and passed this information on to our debt recovery agent", now it doesn't say "our solicitor"? (again its not my job to tell them!). But the use of "debt recovery agent" ... I wonder why I havent had them sniffing at the door yet?

Castle

Harvez63 said:

@Castle very good point! 

I have no doubt, speaking to any reasonable person and getting them to agree with me that if I sent the claimant my new address, its not for me to then tell their solicitors, and they've acted completely unreasonable and therefor the default CCJ should be removed. However ..... my biggest fear throughout this is I do something wrong, or they find a loop hole, and they make it stick.

I also believe, BW legal had my email address, therefor if they had no response to the letters they sent to the wrong address they could have contacted me through that.

The claimant is legally required to notify a change of address to everybody else in accordance with Article 19 of GDPR: -

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.