EXCEL/BW Claimform - 2015 ANPR PCN - Smyth Street Wakefield **DISCONTINUED**

[philsubscribe]

Thanks lookinforinfo, but I'm sure a judge won't be interested in a webpage, could be anything, fake or real. Is there a way I can actually properly refer to these cases?

[dx100uk]

you'll be surprised

quite an authority

and ref'd in many cases by both sides

[ericsbrother]

you copy the web page and refer to it in your witness statement.

As all of the case numbers are referred to then most judges will take it that they are real cases and the precis given on the pranksters blog IS evidence in itself rather then needing the full transcript.

 

 

The judge will most likely look up the cases themselves the night before if they think that there is something untoward.

 

 

The case mentioned is not a precedent but it will be "compelling".

If you want to be insulting about the advice given then you are reminded that you dont have to accept any of it and you are free to wander off into the unknown

 

 

but my advice is copy EVERYTHING you can,

the POFA,

previous blogs on here and elsewhere,

the CPR's regarding rights of audience

(you have read up on this and why it will help you).

 

 

You may never need any of it but if you dont have it you are screwed should you wish to refer to it in passing.

 

 

Thanks lookinforinfo, but I'm sure a judge won't be interested in a webpage, could be anything, fake or real. Is there a way I can actually properly refer to these cases?

[philsubscribe]

Just an update - BW Legal Called me this morning to say they were withdrawing the action. The hearing was supposed to be this afternoon. So I guess that's a win!

 

Something of note. I recently signed up for a credit rating web site and 2 days ago realised that BW legal had requested 3 credit searches on me without my permission. I emailed BW legal and the court with a screen grab and indicated I felt this was a breach of the data protection act and that I would be bringing it up as part of the case. I have no idea if that helped or if it was never their intention to follow through anyway.

 

Anyway all done!

[dx100uk]

urm..I hope you've not just fallen for the oldest Friday hearing trick in the book

 

ring the defendant up

say we're withdrawing [when its called discontinuance]

 

attend and get a default judgement

 

defendant knows nowt about it and cant check till Monday as its the weekend.

 

dx

[philsubscribe]

Got it in writing too, with the court also emailed and a phone call from the court confirming it.

[dx100uk]

Great

thread title Amended

 

 

dx

 

 

 

 

 

 

 

 

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Please help.

[ericsbrother]

you should ALWAYS attend a hearing if the other side discontinues withour giving 2 days notice.

You could have lost the case by not attending when they dont give enough notice as the matter may be decided on the papers.

 

 

By attending you can claim their behaviour is unreasonable and ask for full costs including 5 hrs of preparation time @£19ph plus all of your expenses. a barrister got over £1500 for this from PE

 

to anyone else reading this thread,

the OP was lucky not to be shafted so dont believe a word they say,

PE. CEL and others have lied to the defendant and PE were involved in a more deviioous phone calls to the barristers in the Beavis case to delay things so they could take advantage

[philsubscribe]

That's interesting to hear about expenses.

I asked the court clerk about that and they told me there was nothing I could do.

(well I assume court clerk - whoever I spoke to on the phone at the court)

[ericsbrother]

no, because you didnt apply properly.

IF you had turned up then you could ask the judge for an order as Excel had abused the civil procedure regs and claimed under CPR 27.14.2.

 

No damage done

but I reiterate to anyone reading this thread in a similar position,

if they discontinue at short notice

turn up with a list fo your expenses and quote CPR 27.14.2(g) for a full costs recovery order

 

but more importantly it will stop them lying to you and then pitching up and winning by a walkover.

 

One of the companies Ashley Cohen runs tried that on me

but they got the date wrong and only phoned me a day after the fight had already been lost by them..

so as they say on channel 4, no DEAL

[philsubscribe]

As you said, no damage done,

but a shame I didn't know this.

 

Pretty much my exact words to the clerk were "I intended to request £95 expenses if I won because I thought the case was unreasonable.

 

Is there any way I can get a judge to rule on that now the case is withdrawn."

The answer was no.

 

obviously I was given wrong information.

I guess others reading this thread will now know that this is not the case and that they should in fact turn up anyway as you said.