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

Harvez63

Phoned up the court today, to check if the hearing tomorrow is still going ahead and they said it was discontinued 7th July! Ovbiously nothing from The Claimant to tell me this. 

BWL only wrote a letter on the 3rd of July offering me 25% discount or monthly instalments!

I asked if the hearing could still go ahead as a cost hearing but they said its been discontinued now and I'd need to file a N244 again? The lady didn't seem sure though other then she said the hearing isn't taking place so cannot go ahead as a cost hearing. 

The final tactic from them to discontinue it and not notify me so I cant ask for the hearing to go ahead but as a cost hearing? 

Their conduct throughout is disgusting, if it doesn't contribute to misconduct, I dont know what does.

The CCJ sent to the known wrong address.
Refusal to set aside CCJ.
Cancelling the CCJ hearing 1 day before. 
Payment late from judges orders.
Missing the deadline set by the judge for their evidence to be relied upon. 
Discontinuing the hearing and not notifying The Claimant.
Even the little bits like trying to block being served by email. 
On the phone saying I need to use their portal, and that I should also be paying. 

I'm sure there's a victory here, but I'm feeling left a bit empty. Especially after the effort the last week preparing for tomorrow. 

I've asked the court to send me email of confirmation for the discontinuation. 

Harvez63

Noted I wasn't CC nor have I ever received the below. 

Glad I saw the advice on here to ring the courts to check the hearing is going ahead, just wish I done it sooner after spending 4hours last night preparing and my lunch breaks for the last 2 weeks

Jenni_D

They'll have sent your copy by 2nd class post. 🙄

But at least it's a win (of sorts).

Coupon-mad

This costs situation is covered with an example in the NEWBIES thread.  You might be able to get costs with an email if a Judge treats it as an application.

I wonder if they sent the NoD by post to your old address?

Remind us if you are still out of pocket by the £275 set aside fee and if yes, did the first Judge state in his Order 'costs reserved'?

Coupon-mad

Here's another example: Residential PCN (initially lost at POPLA, of course) that involved YOUR COURT and the SAME CLAIMANT and BW LEGAL:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is interesting; it was treated as an 'application' by the Court:

https://www.dropbox.com/s/pjuljss3bo0totu/04%20C%20TWIMC%20%2B%20Costs%20Hearing%20Legal%20Arguement.pdf?dl=0

The OP said:

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"

Harvez63

Coupon-mad said:

This costs situation is covered with an example in the NEWBIES thread.  You might be able to get costs with an email if a Judge treats it as an application.

I wonder if they sent the NoD by post to your old address?

Remind us if you are still out of pocket by the £275 set aside fee and if yes, did the first Judge state in his Order 'costs reserved'?

I'll have a look thank you.

It wouldn't surprise me. Its 100% a tactic though because  [Removed by Forum Team] has managed to find her single brain cell to email me for everything else, but perhaps she gets her kicks from thinking I'd turn up to court and take a day off work to be turned around. Her name will forever stay with me too (I dont have to be nice now to them).

Yes they paid the £275 fee from the CCJ hearing. Nothing about costs has ever been mentioned in any orders.

So as it stands, they're £275 out of pocket, I'm not a penny down. 

The question is now, do I let it lie with a follow up letter to the MP, or put my foot back on their neck. I'm not financially motivated at all, I just have a feeling of unjust to how they can get away with this and act in the manor they do, and waste the courts and everyones time. 

They asked for a extension of time, only to discontinue the case 35 days later. I do wonder if they ever struggle to find anyone to represent them sometimes.

I will be happy with this victory, but I've been gearing up for a fight for the last god knows how long, so it feels like there isn't an outcome at the moment 

 

B789

Rejoice in the knowledge that it has cost them much more than the £275 they paid for the set aside. You won. They lost. You just didn't get your "day in court".

The seething anger you feel for the scumbags is natural but shouldn't take over your life. Revel in the knowledge they pooped their pants and ran away like the snivelling cowards they are.

Coupon-mad

As it's Southampton, it would cost you nothing to write an email like the one shown in the other Premier Park case I linked above, and cite Premier Park v S Jones and the Judge's name and claim number.

But if you don't have any costs to claim you may prefer to just enjoy your victory and walk away.  Congrats - you won!

ANOTHER ONE BITES THE DUST!

Fruitcake

If you do write a letter to the court, make sure you put the words "costs" and "application" in the title.

Harvez63

Morning All, I'd be off on my merry way to court this morning had I'd not read the advice on this forum to check the courts by phone it hasn't been secretly cancelled. Post man has been to, so there's no notification from BWL. 

If I apply for the above, will I have to go through and do witness statements again? Also, can I mention the behaviour before the CCJ? it strengthens the case in my opinion. But in my main claim BWL mentioned it had been put before a judge and is irrelevant in this case 

Once I know the above I'll make a decision, thank you all