BW Legal escalation

thtguy

Hi
I am currently at the stage of BW Legal threatening to incur a CCJ. 
I parked somewhere last year that i simply did not know i could park. I did not see a sign although it looks like there are signs there now.

It has been a year and now BW legal have added multiple fees and are threatening to register a CCJ.
I went on the website to organise to pay via instalments but have not yet paid anything. At the very least am i able to argue to disregard the additional fees added on?
Thanks

troublemaker22

Either BW Legal is lying to you (a distinct possibility) or you are misunderstanding what they wrote (also a possibility).

Just to be clear, nobody can just register a CCJ against you unless and until all of the following things have happened:

1. you have been sued in court;

2.  you lose the court case; and

3.  you don't pay the amount the judge ordered you to pay within a month of the date of the judge's order.

Where is your case up to on the above schedule?

If you haven't yet got to stage 2, you'd be bonkers to pay them anything at this point

Coupon-mad

I went on the website to organise to pay via instalments but have not yet paid anything. At the very least am i able to argue to disregard the additional fees added on?

STOP.

You won't be paying a penny. Please read the second post of the NEWBIES thread.

Easy to defend. No CCJ risked.

thtguy

Coupon-mad said:

I went on the website to organise to pay via instalments but have not yet paid anything. At the very least am i able to argue to disregard the additional fees added on?

STOP.

You won't be paying a penny. Please read the second post of the NEWBIES thread.

Easy to defend. No CCJ risked.

Hi
Apologies i have been away due to a health issue.
I have the latest letter from BW Legal here and also the County Court Claim letter.
https:// imgur [dot] com/a/aSG2ctE
As i have a claim i should acknowledge the claim via the dropbox procedure as seen in the 2nd post in newbies thread and utilise the draft from the next link.

But i don't really have a defence other than i was not aware of the fact i was not allowed to park where i did. There may have been signs down the road but not where i parked. You used to be able to park there and at some point they had changed this. 

KeithP

https://imgur.com/a/aSG2ctE

So you have a Claim Form issued on 17th November 2023.

I suggest you are far to late to now be considering defending yourself.
It says on that form "You have a limited time in which to reply to this claim form" and suggests you read the information on the back of the form.

What did you do as a result of receiving that Claim?
Did you make any attempt at trying to file a Defence?

What does your MCOL Claim History say?
Do you have a Judgment against you, and if so when was it issued?

thtguy

KeithP said:

So you have a Claim Form issued on 17th November 2023.

I suggest you are far to late to now be considering defending yourself.
It says on that form "You have a limited time in which to reply to this claim form" and suggests you read the information on the back of the form.

What did you do as a result of receiving that Claim?
Did you make any attempt at trying to file a Defence?

What does your MCOL Claim History say?
Do you have a Judgment against you, and if so when was it issued?

Thanks for the reply.
I have been suffering from some health complications and unable to give my attention to these letters at the time i received them. I only just found this forum after searching around after new years as i wanted to see my options. But if it is too late then i can apply to pay the suggested £40 per month to BW legal.

I have not received anything else related to the claim, only letters from BW legal stating is it not too late to pay before further escalation.

Coupon-mad

We don't know if it's too late. And that's because:

You haven't answered Keith's vital question.

If you still can, wallop the template defence in NOW on MCOL (not by email - no time).

To make it fit, remove the headings and the bottom third about costs and stuff.

Obviously you must remove my commentary around paragraph 3 and put in as your facts, that the Defendant denies any breach and believes the signs were non-prominent because they were not seen or agreed.

DO IT NOW.

Not in the morning. Now on MCOL.

Not a single person has suggested paying £40 a month.  Do you have a CCJ or not?

thtguy

Coupon-mad said:

We don't know if it's too late. And that's because:

You haven't answered Keith's vital question.

If you still can, wallop the template defence in NOW on MCOL (not by email - no time).

To make it fit, remove the headings and the bottom third about costs and stuff.

Obviously you must remove my commentary around paragraph 3 and put in as your facts, that the Defendant denies any breach and believes the signs were non-prominent because they were not seen or agreed.

DO IT NOW.  

Not a single person has suggested paying £40 a month.  Do you have a CCJ or not?

I have not been told i have been issued with a CCJ. The BW letter states i have until 18 Jan to discuss payment options with them and that the claimant has the option to issue a CCJ.

Great thanks a lot for your advice. I will fill it out now.

Coupon-mad

So you don't have a CCJ and must put a defence in right now to save yourself.

Don't leave it till tomorrow as they might press the button if they see this thread in the morning. BW read this forum.

troublemaker22

@Coupon-mad is right as usual. 

Filing online via MCOL is best at this point. The MCOL form can be a bit temperamental. For example it won’t accept double inverted commas/quotation marks “. It only allows the single ones that look like apostrophes ‘ 

Keep plugging away but if you absolutely can’t make the MCOL form work, the fall back position is to email your defence to CCBCAQ@justice.gov.uk
 

Make sure you file your defence today 

thtguy

troublemaker22 said:

@Coupon-mad is right as usual. 

Filing online via MCOL is best at this point. The MCOL form can be a bit temperamental. For example it won’t accept double inverted commas/quotation marks “. It only allows the single ones that look like apostrophes ‘ 

Keep plugging away but if you absolutely can’t make the MCOL form work, the fall back position is to email your defence to CCBCAQ@justice.gov.uk
 

Make sure you file your defence today 

Hey thanks for the help. I filed immediately after my last comment. I did have to do some trial and error to figure out what characters the form wouldn't accept but got there in the end, it was indeed the ".
Thanks a lot to everyone for their help, very appreciated. Apologies but i am dealing with some issues and my brain is not functioning at full pace.