3 questions re: BW Legal claim

Ukay1

@Coupon-mad - so a few updates:

30th April @ 11.52 - Recd email from
BW Legal confirming they are re-serving their claim to the correct address.

30th April @ 15.49 - I sent my AoS to CNBC and attached BW’s email confirming they would re-serve claim form to correct address.  

2nd May @ 12.38 - Recd email from CNBC providing me with the particulars of claim (square brackets are mine to omit my details): 

- - - - 

“THE CLAIM IS FOR £100.00 DUE FROM THE DEFENDANT FOR AN UNPAID PARKING CHARGE FOLLOWING A CONTRACTUAL BREACH WHICH OCCURRED ON [DATE] IN [PREMISES] BY THE DRIVER OF [VEHICLE DETAILS].  THE PRIVATE LAND WAS LAWFULLY OCCUPIED       BY THE CLAIMANT. THE DISPLAYED TERMS AND CONDITIONS OFFERED THE DRIVER A CONTRACTUAL  LICENCE, WHICH WERE ACCEPTED UPON ENTRY BY THE DRIVER, AND SUBSEQUENTLY BREACHED.    

DRIVER'S BREACH:  PARKED WITH NO VALID PARKING SESSION / PERMIT DESPITE DEMANDS, THE PARKING CHARGE REMAINS UNPAID.                              

THE CLAIMANT ALSO CLAIMS £60.00 RECOVERY COSTS AS SET OUT IN THE TERMS AND CONDITIONS AND IN THE INDUSTRY CODE OF PRACTICE.                                                                                                  

Please be advised this is all of the information the court holds on the claim, there are no copies of contracts or evidence for the claim. If you require any further documents in relation to the claim you can contact the Claimant or their solicitor in this matter.”

- - - - 

The CNBC goes on to include the various forms and mentions I need to submit the AoS to get a further 14 days.  Will do so today but have a few questions.

However, as this post is already lengthy (!) shall post my questions in another post.

Thank you for reading and for your continued help and support!

Ukay1

@Coupon-mad actually before I take up more of your time will have a thorough read of the model defence on this forum before I set out my questions.  Will be back later (prob late tonight) with my questions.

Thanks to you and everyone else who has commented thus far!

Le_Kirk

Ukay1 said:

30th April @ 15.49 - I sent my AoS to CNBC and attached BW’s email confirming they would re-serve claim form to correct address.  

The CNBC goes on to include the various forms and mentions I need to submit the AoS to get a further 14 days.  Will do so today but have a few questions.

These two sentences seem to be out of synch with each other.  Is it because you have received another different N1 claim form?

Ukay1

@Le_Kirk Hi, 

I had pre-emptively filed the AoS even though BW arranged for the claim form to be served to the wrong address. BW acknowledged their mistake and have purported on 20th April for it to be served to the correct address but I have yet to receive the re-served claim form.

@Coupon-mad in light of the above, would you still say I ought to await the re-served claim form before filing the second AoS?  I wrote last week to BW to inform them I have yet to receive the re-served claim form.

Thank you.

Le_Kirk

OK, noted, what does your status on MCOL state, is there a second claim showing on there?

Coupon-mad

Ukay1 said:

@Le_Kirk Hi, 

I had pre-emptively filed the AoS even though BW arranged for the claim form to be served to the wrong address. BW acknowledged their mistake and have purported on 20th April for it to be served to the correct address but I have yet to receive the re-served claim form.

@Coupon-mad in light of the above, would you still say I ought to await the re-served claim form before filing the second AoS?  I wrote last week to BW to inform them I have yet to receive the re-served claim form.

Thank you.

They are on notice that the claim is not served so they can't request judgment. You are safe.

Ukay1

@Le_Kirk not been able to login to MCOL as have not received claim form to see MCOL password.  Thanks.

@Coupon-mad - thank you.  Will await the claim form before proceeding.  👍

Ukay1

@Coupon-mad - I still haven’t received the claim form not have I heard anything further from BW Legal.  I understand the limitation period for breach of contract is six years so rather than have the Sword of Damocles hanging over my head for the next few years, my gut instinct is to write to BW once again.  

Not sure if they are playing games with me.  Is there precedent for a claimant having their claim thrown out because they fail to serve a claim form repeatedly despite repeated threats?  Seems an abuse of process if you ask me.

What I want to avoid is them filing the claim and getting a judgment for the full sum before I can file my defence…

Thank you again for your continued support and advice.

Coupon-mad

No. I would wait because they only have 4 months from the claim being filed, to serve the claim form.

Ukay1

@Coupon-mad - superb.  Thank you!