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Brittania parking- BW Legal

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Becky44474 wrote: »
    Hello. I sent the SAR end of January and have received absolutely no acknowledgment or response.

    Today I have received the court claim form. Do I do the defence now? Where do look for help with this? Back to the newbie thread?

    Thanks

    BWLegal are incredibly stupid. They appear to think they are above the law, the SAR should have been replied to within 30 days.

    So they ignore you, and go straight for the kill ?

    They are stupid because you will ask for the case to be struck out because they failed to provide information important to your case.
    There are further stupid because you can now report them to the ICO on their failure.

    All a big clue about the mentality of BWL
  • Mrs44474
    Mrs44474 Posts: 125 Forumite
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    How would I go about ‘getting the case struck out’ please? I’ll google and look into reporting to the ICO but would also appreciate further information on this too!

    I did it via email and keep fretting I’ve missed it or it’s gone to my junk or something but I’ve been checking and nothing? Abd definitely nothing via post. They responded to the sar email with a letter in the post claiming they would not be able to pause the claim because of it but that’s all it said. I sent the main copy to Britannia and a copy to bw Legal I believe.

    Thanks for your help.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Becky44474 wrote: »
    How would I go about ‘getting the case struck out’ please? I’ll google and look into reporting to the ICO but would also appreciate further information on this too!



    Thanks for your help.

    One of our friendly legals / members will be along shortly to advise
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    1) Tell us the DATE OF ISSUE fo the claim form
    2) Go ONLINE and, as per the instructions in post 2 of the NEWBIES thread, acknowledge the claim. DO not deviate from those instructions.
    3) Start getting yoru defence together

    Beamer - them not responding to a SAR does not mean you can get the claim struck out, to my knowlegde. I have no idea where you got that from. What you DO is put, in the defence, a SINGLE line stating that you attempted to obtain relevant documents through a SAR on X dateto which the C failed to respond to within the required one month.

    Complaint to ICO is entirely seperate.
  • Mrs44474
    Mrs44474 Posts: 125 Forumite
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    The date of issue is: 04/03/19

    I will do that this evening! Thanks.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    OK, so noce done, you have 33 days from that date to get the defence emailed to the court.
    Dont miss it
    Yuo will NOT get any reminders.
  • KeithP
    KeithP Posts: 37,622 Forumite
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    Becky44474 wrote: »
    The date of issue is: 04/03/19.
    I'm going to assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.


    With a Claim Issue Date of 4th March, you have until Monday 25th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Monday 8th April 2019 to file your Defence.

    That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    nosferatu1001 wrote: »
    1)

    Beamer - them not responding to a SAR does not mean you can get the claim struck out, to my knowlegde. I have no idea where you got that from. What you DO is put, in the defence, a SINGLE line stating that you attempted to obtain relevant documents through a SAR on X dateto which the C failed to respond to within the required one month.

    Complaint to ICO is entirely seperate.

    Did not say that.

    It because the claimant has failed to provide the information requested, it would be detrimental to the defendant hence requesting it is struck out.

    And then I said complain to the ICO about the non reply from the SAR

    Are you using you phone for replies ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Again: how does a failure to provide information in response to a SAR, which is not part of the legal claim process but an adjunct to it, have an effect on the claim? Please give a CPR violation tht would give rise to the strike out allowance.

    Best you will get is the overrdiing objective, but as this was not done under the ausipces of the claim but as a aseperate, legaly unrelated reequirement, it would be a stretch.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    nosferatu1001 wrote: »
    Again: how does a failure to provide information in response to a SAR, which is not part of the legal claim process but an adjunct to it, have an effect on the claim? Please give a CPR violation tht would give rise to the strike out allowance.

    Best you will get is the overrdiing objective, but as this was not done under the ausipces of the claim but as a aseperate, legaly unrelated reequirement, it would be a stretch.

    Interesting, if I had a claim and the claimant did not provide proof of their claim that I could not properly defend myself I would ask the court to strike it out. Currently a Gladstones trait

    As said before, the SAR and lack of, means a complaint to the ICO

    Sorry, I do not speak legalise
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