EDIT: CASE DISMISSED - BW Legal / P&PM Ltd

spacebuns

Hi all, 

Hoping to get some advice on where I stand, have followed the process so far from initial ticket, appeal, court summons, defence filed, directions questionnaire to now a date and BW Legal's Witness Statement, written by a Paralegal, plus a Skeleton Argument which have just arrived. Both the statement and skeleton argument are very aggressive in tone and accuse me of making false statements contrary due to the content and information which I gained from posts here. They use this claim of contravention of CPR 16.5 and breaching of CPR 13.14 to urge the court to strike out my defence.

I haven't yet posted on this board and haven't attached any documents to this post but would be very happy to get some help with specific if anyone is so inclined to assist!

TIA 

Coupon-mad

Search the forum for BW Legal nonsensical witness statement.

And have you drafted your WS & evidence yet?  Hope you haven't missed the deadline on the hearing Order.

Exemplar WS bundles are by @aphex007 and @SJRRJS  

bargepole

spacebuns said:

Hi all, 

Hoping to get some advice on where I stand, have followed the process so far from initial ticket, appeal, court summons, defence filed, directions questionnaire to now a date and BW Legal's Witness Statement, written by a Paralegal, plus a Skeleton Argument which have just arrived. Both the statement and skeleton argument are very aggressive in tone and accuse me of making false statements contrary due to the content and information which I gained from posts here. They use this claim of contravention of CPR 16.5 and breaching of CPR 13.14 to urge the court to strike out my defence.

I haven't yet posted on this board and haven't attached any documents to this post but would be very happy to get some help with specific if anyone is so inclined to assist!

TIA 

You say you have 'followed the process so far'. but don't mention anything about having filed YOUR witness statement and evidence.

The Court's Notice will have ordered you to do that not later than 14 days before the hearing date.

This is the most important document in the whole process, and if you haven't already done it, do it now!!!

spacebuns

Hi, yes thanks for your responses.

BW's witness statement just arrived, exactly 14 days prior to the hearing and I have NOT, unfortunately, submitted mine yet. I had nothing to add to my defence statement until a couple of days ago when BW's statement arrived but now I am thinking that I should counter the points raised in BW's witness statement, including where they put me 'to strict proof'. On procedure, should I submit my witness statement to the same email addresses as the other documents -  CCBCAQ@Justice.gov.uk?

Thanks again for any help.

bargepole

spacebuns said:

Hi, yes thanks for your responses.

BW's witness statement just arrived, exactly 14 days prior to the hearing and I have NOT, unfortunately, submitted mine yet. I had nothing to add to my defence statement until a couple of days ago when BW's statement arrived but now I am thinking that I should counter the points raised in BW's witness statement, including where they put me 'to strict proof'. On procedure, should I submit my witness statement to the same email addresses as the other documents -  CCBCAQ@Justice.gov.uk?

Thanks again for any help.

Absolutely NOT.

The CCBC ceased to have any involvement in the case once it was transferred to the local County Court, where the hearing will take place.

Your WS must be filed there, and a copy served on BW Legal.

Coupon-mad

Absolutely not to the unrelated admin centre 'gateway' where the claim started in 2022! The case hasn't been handled there for months.

Please read the threads I linked as you are currently in breach of a Court Order and must put it right.  Better late than never.

You ALWAYS have to do a WS - you were ordered to - so it is wrong to say you had nothing to add.

Grizebeck

Please post up the Skelly
BW don't often do skeleton arguments

bargepole

I have seen skeletons from BW in some cases.

They are the usual mish-mash of prolix arguments, misleading assertions, and downright untruths.

spacebuns

I will post the Skeleton argument from BW asap, just transcribing it and also need to submit my witness statement to the court. Hopefully it being submitted the next working day after the deadline will be acceptable. 

Coupon-mad

It should be Ok.

bargepole

spacebuns said:

I will post the Skeleton argument from BW asap, just transcribing it and also need to submit my witness statement to the court. Hopefully it being submitted the next working day after the deadline will be acceptable. 

Your WS must also be sent to BW Legal, not just the Court.