Excel/BW claimform - PCN Swansea SA1 2012

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?468039-VCS-BW-Claimform-Excel-PCN-March-2012

 

Post 18

 

Get it filed via mcol now

[Wi3347]

The claimant has not offered a contract, so there cannot be a breach of contract claim for the defendant to consider.

 

Is what I sent. Removed the bit about signage. Been advised not to get bogged down in signage at this stage

[dx100uk]

that'll do

[Wi3347]

Update.

Received 2 letters.

1 from the court saying they have received my defence and the claimant has 28 days to inform the court if they wish to proceed.

 

The other letter was from BW legal and says that they note the comments within my letter to them and should I wish to defend the claim "the documents you have requested to confirm your liability towards the balance due will be referred to our client. Accordingly, the documents will be forwarded to you upon receipt from our client"

 

Waiting game for now to see their next move I presume.

[dx100uk]

read the court letter for time scales

[ericsbrother]

I like the way they turn a statement of denial around so it appears to be a question about your possible liability. They have done this because they know that they are on a hiding to nothing and any other answer could be used against them.

[Wi3347]

yes i thought the same.

 

All guns blazing in their letters until this point,

this one was a much different tone.

 

The court letter said they have 28 days if they wish to proceed.

 

I am honestly in 2 minds as to if they will or not.

I will update when i here further.

 

Regards,

47

[ericsbrother]

keep an eye on the clock. When it runs down tyou can ask for a strike out on various grounds and that will make it impossible for them to try again.

[Wi3347]

keep an eye on the clock. When it runs down tyou can ask for a strike out on various grounds and that will make it impossible for them to try again.

 

Ok! The court letter was dated the 18th of April so we are looking roughly around 16-18 of this month for them to proceed. Nothing in the post from the court so far

[ericsbrother]

of course not, the law isnt going to change all of a sudden jsut because you keep asking the same question

[Wi3347]

I have received a letter from BW legal stating that the client intends to continue with the claim and they have filed notice of their clients intention to proceed with the court.

 

Worth mentioning I received two letters. One dated the 8th of may, the other the 9th. The only difference in the letters being that one says dear sir and the other says dear Sir or madam, The rest was the same as above. This sort of thing highlights that they are not the sharpest bunch!

[ericsbrother]

everyone gets one of these, they still behave like catholics when the date approaches- withdraw at the last moment.

[DragonFly1967]

behave like catholics when the date approaches- withdraw at the last moment.

[Wi3347]

everyone gets one of these, they still behave like catholics when the date approaches- withdraw at the last moment.

 

Haha!! Another scare tactic then? I will update when I have any further letters

[Wi3347]

A letter from the court has now arrived " notice of proposed allocation to the small claims track"

 

it says

" this is now a defended claim, the defendant has filed a defence it appears this case is suitable for allocation to the small claims track.

 

 

if you believe this track is not appropriate you must complete box C1.

You must by 30 May 2017 complete the small claims directions questionnaire and file it with the court office and serve copies on all parties"

 

It also asks if I would like to use a medication service.

 

Advice here would be appreciated please ladies and gents?

 

 

I assume I fill this out and send it back saying I don't want to use the mediation service?

[dx100uk]

correct!

 

 

copy to the claimants sols

their copy does not need signing nor have email or phone contact on it:wink:

[Wi3347]

correct!

 

 

copy to the claimants sols

their copy does not need signing nor have email or phone contact on it:wink:

 

Ok, I will get that sent off in the next few days. 1 to the court, one to BW. I'm gonna request they hear it at my local court, no expert evidence. Don't think there's anything I'm missing? Thank you!

[dx100uk]

yep no to mediation

the rest is obv.

 

 

dx

[ericsbrother]

Invigilating GCSE law today, one of the school pupil's initials were BW. I wonder if this is the same person getting a better qualification.

[Wi3347]

yep no to mediation

the rest is obv.

 

 

dx

 

Copy sent to BW, not signed, no email or phone. Full copy sent to court. Will update when I hear back. What comes next?

[ericsbrother]

you will get another letter telling you that the small claims track is the appropriate one and the matter will be sent to your local county court.

 

 

Everything else will then come from there.

Once the locol court is allocated it becomes worthwhile writing to them to get the claim struck out on procedural grounds and for having no chance of success etc.

[Wi3347]

Ok, when I get letters from the local court I will update for a bit of advice of what to write to them.

 

Received my directions questionnaire from BW today.

 

They ticked yes to mediation and put number of witnesses to be confirmed.

 

When I get someone from the courts I will update this and write a letter asking it to be struck out based on the fact it's a pretty pofa case and they haven't provided any of the documents I requested etc etc.

 

I will seek advice hear before I write anything to them though.

 

Regards

[ericsbrother]

of course they will accept mediation in the hiope that you offer to pay something or they

(1) look stupid (easy for them to do because they are stupid) and

(2) they are losing money on this nad hope that some settlement is agreed so they avoid point 1

 

As you say, the courts will send you the proper form and if you dont accept mediation then it doesnt happen, the system doesnt think any less of you for saying no. It isnt appropriate in your case anyway.

[Wi3347]

I've received a letter saying it's been transferred to my local county court and the file will be referred to a procedural judge to give case management directions.

 

It says I can contact them but please await the judges directions.

 

Based on that should I wait before writing to them or get a letter going now anyway?

[dx100uk]

you don't know what he's going to direct yet

wait.

 

 

dx