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BW Legal escalation

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 160,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    thtguy 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.
    Phew!

    So you put in as much of the Template Defence as fitted?  How much went in, out of interest (MCOL will show it).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • thtguy
    thtguy Posts: 17 Forumite
    10 Posts Name Dropper
    thtguy 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.
    Phew!

    So you put in as much of the Template Defence as fitted?  How much went in, out of interest (MCOL will show it).
    I had space to get to include up to 16 but used chat gpt to summarise 6-end and adding back in any important details/points that may have been omitted. 
  • Le_Kirk
    Le_Kirk Posts: 26,139 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    thtguy said:
    I had space to get to include up to 16 but used chat gpt to summarise 6-end and adding back in any important details/points that may have been omitted. 
    Show us what rubbish that came up with!
  • thtguy
    thtguy Posts: 17 Forumite
    10 Posts Name Dropper
    Hi. Update on this. I have been sent a mediation form due to fill out. I have tried reading the newbies thread but i'm getting quite overwhelmed. Just wondering the appropriate next step. Thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    thtguy said:
    Hi. Update on this. I have been sent a mediation form due to fill out. I have tried reading the newbies thread but i'm getting quite overwhelmed. Just wondering the appropriate next step. Thanks
    What exactly is a 'mediation form'?
    Who has sent you this 'mediation form'?
  • thtguy
    thtguy Posts: 17 Forumite
    10 Posts Name Dropper
    edited 6 March 2024 at 2:57PM
    KeithP said:
    thtguy said:
    Hi. Update on this. I have been sent a mediation form due to fill out. I have tried reading the newbies thread but i'm getting quite overwhelmed. Just wondering the appropriate next step. Thanks
    What exactly is a 'mediation form'?
    Who has sent you this 'mediation form'?
    Hey. I received a letter from BW legal, along with a completed directions questionnaire stating:

    'We enclose by way of service a copy of our client's completed Directions Questionnaire. A copy has been filed at court.

    We have now made numerous attempts to contact you prior to issuing court proceedings to try and resolve matters on amicable terms. Unfortunately, a settlement has yet to be achieved and having received and reviewed your defence, we have been instructed to proceed with our client's claim against you which may result in a final hearing in which we shall ask the court to award our client a County Court Judgment against you for the balance: outstanding.

    Mediation

    The courts provide a free confidential Small Claims Mediation Service which is available to parties in most small claims cases. Mediation is a way of resolving disputes without a court hearing, where the parties are assisted in resolving their dispute with the help of an impartial mediator. If the claim is settled at this stage the parties can avoid further court fees, costs and time involved in preparing and attending a hearing.

    Under the Civil Procedure Rules, parties should make every effort to settle their case. You will note from our client's Directions Questionnaire (Al) that our client agrees for this case to be referred to the Small Claims Mediation Service. If you also agree then you will need to file and serve your completed Directions Questionnaire with your agreement to mediate.

    If the mediation process is unsuccessful, the claim may proceed to a court hearing.'


    And also a 'Notice Of Proposed Allocation to the Small Claims Track' along with form N180 Small Claims Directions Questionnaire from the Civil National Business Centre

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ahh... so that letter pretty much matches the one described in item 7 on that checklist you were following when you filed a Defence.

    You will also find that checklist useful when completing and returning your Directions Questionnaire.
  • thtguy
    thtguy Posts: 17 Forumite
    10 Posts Name Dropper
    KeithP said:
    Ahh... so that letter pretty much matches the one described in item 7 on that checklist you were following when you filed a Defence.

    You will also find that checklist useful when completing and returning your Directions Questionnaire.
    Hey, apologies for the silly questions. Thanks so much for directing me back to where to go!
    Form filled out. Just a bit stuck on this last question:
    Have you been advised of your right to give evidence in either English or Welsh [Y] [N]

    I assume this should be a yes? Otherwise i may not be able to give evidence? Thanks!
  • Le_Kirk
    Le_Kirk Posts: 26,139 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 7 March 2024 at 2:38PM
    thtguy said:
    Hey, apologies for the silly questions. Thanks so much for directing me back to where to go!
    Form filled out. Just a bit stuck on this last question:
    Have you been advised of your right to give evidence in either English or Welsh [Y] [N]

    I assume this should be a yes? Otherwise i may not be able to give evidence? Thanks!
    Have you been so advised?  Why not just answer truthfully?
  • thtguy
    thtguy Posts: 17 Forumite
    10 Posts Name Dropper
    Hi all. Was wondering if anyone would be able to provide any advice on my case.

    I have been unaware of correspondence as i had to promptly leave my address due to a family emergency and have phoned the court today to ask for an update. The hearing has been set for this monday and i now live 6 hours away from the court. I just wanted to ask for some advice:

    If i didn't go to the hearing, i assume i would have to just pay the fee. And as long as i pay within 30 days i will avoid a CCJ? Other than the ticket fee would i have to pay any court fees as well?

    Or would it be advised i visited the court to see this through?

    I'd really appreciate any advice anyone might have. Cheers!
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