Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Palec
    • By Palec 4th Aug 18, 1:13 AM
    • 133Posts
    • 35Thanks
    Palec
    Letter of claim from bwlegal
    • #1
    • 4th Aug 18, 1:13 AM
    Letter of claim from bwlegal 4th Aug 18 at 1:13 AM
    Hello,

    I posted here my case in 2014, with replies not to pay and come back if the matter goes to court for proper defence as I appealed at a time and lost, now PPS want £160 for 8 minutes which took us to pay another £1 for extended parking...
    I was reading about new law and excessive charges plus mitigating factors, well landowner has changed since then, PPS is not operating where we got fine in 2014...
    Letter says to pay or I can be taken to court, just came from holiday, seems 30 days deadline I will not manage to reply, so if they decide to take me to court, will defend then as previously I was writing here about debt collectors who contacted me and in the past I have offered £10 for 8 minutes, because we have got proof from expired ticket and new ticket we purchased...
    Mitigating factors should be considered by court I believe, so plan is waiting until court and defend in writing...
    Any advice please? Please have a look at my post re PPS from 2014/2015, as now after 2.5 years they contacted me again.
    Thank you.
Page 8
    • Coupon-mad
    • By Coupon-mad 4th Oct 18, 1:04 AM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    So you've emailed a SIGNED and DATED copy to the CCBCAQ email, yes?
    • Palec
    • By Palec 10th Oct 18, 11:16 AM
    • 133 Posts
    • 35 Thanks
    Palec
    Yes, MCOL is updated as defence received 4/10/2018, received letter by post from HM Courtd&Tribunal service dated 4/10/2018 which states''I acknowledge receipt of your defence. A copy is being served on the claimant ( or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wished to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.
    • Palec
    • By Palec 12th Oct 18, 11:16 PM
    • 133 Posts
    • 35 Thanks
    Palec
    First positive news noticed: Within last few days only one voicemessage instead of 3 per day from BWL.
    Will see if they decide to proceed...
    • Palec
    • By Palec 23rd Oct 18, 12:47 AM
    • 133 Posts
    • 35 Thanks
    Palec
    No news, yet.
    Will keep you informed. Thank you all for your support.
    • Palec
    • By Palec 10th Nov 18, 8:24 AM
    • 133 Posts
    • 35 Thanks
    Palec
    https://imgur.com/a/D9TI1Gw
    • Palec
    • By Palec 10th Nov 18, 8:31 AM
    • 133 Posts
    • 35 Thanks
    Palec
    Hello Everybody, see latest letter from BWL. They sent me also how to manage my account paper plus income&expenditure form. I feel these people just do not know when they should stop and it is shame in my case I believe I have to face their distressing actions and dealing with their letters, which takes time. I am really considering counterclaim not to withdraw my defence, but do not need additional distress really, it is not good for family. Any suggestions what to do in this stage? I am not withdrawing anything and of course replying to this, either. I am not sure if I can use limitation defence from when I logged in my defence as suggested, but really am considering to seek compensation in the same amount they are requesting ( in my thoughts)...
    I will wait and stay calm for now, thank you for your help.
    • Palec
    • By Palec 10th Nov 18, 8:33 AM
    • 133 Posts
    • 35 Thanks
    Palec
    Claim History
    Your acknowledgment of service was submitted on 22/09/2018 at 21:47:39

    Your acknowledgment of service was received on 24/09/2018 at 01:05:09

    Your defence was received on 04/10/2018
    • beamerguy
    • By beamerguy 10th Nov 18, 8:39 AM
    • 9,664 Posts
    • 12,731 Thanks
    beamerguy
    Without Prejudice (“WP”) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. ... “Without prejudice save as to costs” offers may be used as a tactic to put pressure on an adverse party.

    Why would they reduce this by £119 ?

    If BWL were convinced they would win, the last thing they will do is give money away.

    Think about it ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Palec
    • By Palec 10th Nov 18, 9:45 PM
    • 133 Posts
    • 35 Thanks
    Palec
    Yes you are correct, they know cannot claim solicitors fees in minor claims court, so I made the point, they reduce it, but final figure is weird, but am not prepared to pay anything unless court made me to.
    • Coupon-mad
    • By Coupon-mad 10th Nov 18, 10:37 PM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    A nasty letter we saw on someone else's thread last month, and I think it is especially misleading for the second page to tell a litigant in person 'YOU WILL NEED TO WITHDRAW YOUR DEFENCE'.

    Of course you are not going to withdraw that defence, it's a decent one!

    And no doubt BW Legal know that, which is why they are trying to confuse forum posters into backing out.

    Keep logging those phone calls for a complaint to the Information Commissioner about this excessive use of your data to harass you when you have clearly defended it in a meaningful way, and do not need phone calls and letters telling you that you have no case and that you ''will need to'' withdraw your defence.

    Shocking.
    • Palec
    • By Palec 11th Nov 18, 9:15 PM
    • 133 Posts
    • 35 Thanks
    Palec
    I find it very rude and offensive te resend me expenditure form again, too. I believe there are people out there who will better pay than this for sure, but I am not one of them. Thank you for your support. If I have no small child at home, would do counterclaim instead of withdrawal of defence, but no time for this.
    • Coupon-mad
    • By Coupon-mad 12th Nov 18, 12:49 AM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    You aren't withdrawing your defence...?
    • KeithP
    • By KeithP 12th Nov 18, 1:13 AM
    • 11,255 Posts
    • 11,823 Thanks
    KeithP
    The suggestion in the letter from BW Legal is that you should withdraw your Defence if you accept their offer and I can see nothing wrong with that.

    There is nothing in that letter to suggest that you should withdraw your Defence otherwise.
    .
    • Palec
    • By Palec 12th Nov 18, 11:43 PM
    • 133 Posts
    • 35 Thanks
    Palec
    I am not withdrawing my defence
    • Palec
    • By Palec 12th Nov 18, 11:44 PM
    • 133 Posts
    • 35 Thanks
    Palec
    I was reading when and in what circumstances is counterclaim possible, but I am not going to do it, will keep it as it is and see what happens in 14 days.
    • Coupon-mad
    • By Coupon-mad 13th Nov 18, 12:32 AM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    The suggestion in the letter from BW Legal is that you should withdraw your Defence if you accept their offer and I can see nothing wrong with that.

    There is nothing in that letter to suggest that you should withdraw your Defence otherwise.
    Originally posted by KeithP
    My issue is, they have it at the top of page 2 as an instruction, ''you will need to'' and there are plenty of stupid people who would read it as an instruction as it's on headed notepaper from a solicitor and it gives the CCBC's contact details as if it's all official, like...

    Now you and I would not fall for such drivel, but I bet some have.
    • Palec
    • By Palec 13th Nov 18, 9:35 PM
    • 133 Posts
    • 35 Thanks
    Palec
    Yes and they are asking again about my personal financial situation regardless I do not admit any liability. They are just pushing it from every angle, seems it will go to court, so that judge will have to decide.
    I feel they have done something like an offer because they refused my £10 for 10 minutes the past to show they tried to come to conclusion. If it would be longer than 10 minutes, I would believe I can lose the case, not within 10 minutes. Will see...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,681Posts Today

7,844Users online

Martin's Twitter