Bw legal- letter before court claim

[Darren104]

With regard to replying to a letter before court.....can you use and base your reply on the courts PRACTICE DIRECTION PROTOCOL or are you only allowed to use the courts debt claim protocol in replying to the letter. The debt protocol is what BW Legal have followed in their LBC, but they have not used any of the Practice Direction protocol. Bit confused. Thanks, any advice please?

[R0b]

Paragraph 1.1 of the Debt Protocol says:

This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor”and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.

If the dispute falls into the above statement, the Debt Protocol applies. If it doesn't then the PD Protocol covers all general disputes not covered by any other Protocol listed on the CPR website.

[Darren104]

Paragraph 1.1 of the Debt Protocol says:



If the dispute falls into the above statement, the Debt Protocol applies. If it doesn't then the PD Protocol covers all general disputes not covered by any other Protocol listed on the CPR website.

I understand that and what they say but can i quote the practice direction protocol as well in my reply for example, can i use this quote..... PRACTICE DIRECTION
Steps before issuing a claim at court

(c) the parties disclosing key documents relevant to the issues in dispute.

thanks

[R0b]

No.

You follow the protocol that applies, that's the whole purpose of having a set of Pre-action Protocols for specific disputes... you don't get to pick and choose to suit yourself.

I don't know why you want to refer to that point anyway because it's already covered in the Debt Protocol in paragraph 5.1 and 5.2.

[Darren104]

No.

You follow the protocol that applies, that's the whole purpose of having a set of Pre-action Protocols for specific disputes... you don't get to pick and choose to suit yourself.

I don't know why you want to refer to that point anyway because it's already covered in the Debt Protocol in paragraph 5.1 and 5.2.

Thank you Rob, i was just gonna use that quote to find out what documents they would be relying on if it got to court. Thank you.

[R0b]

Usually letter before actions from the likes of BWLegal are pretty naff and basic and sometimes don't comply with the Debt Protocol.

I ave a letter floating around somewhere that you could use as a template to respond but you'll have to wait until later for me to hunt it out.

[Darren104]

Usually letter before actions from the likes of BWLegal are pretty naff and basic and sometimes don't comply with the Debt Protocol.

I ave a letter floating around somewhere that you could use as a template to respond but you'll have to wait until later for me to hunt it out.

Thank you Rob, i need to upload my letter but it is saying the file is too big, how do i reduce the size of the file to upload. Thanks

[R0b]

Google file compress there's a number of free online reducers

[Darren104]

[ostell]

So this is a parking charge. Are they claiming against the keeper? Have you got the PCNs?

[Darren104]

So this is a parking charge. Are they claiming against the keeper? Have you got the PCNs?

Yes, but i have not got the original PCN, I have just sent a SAR off to National Car Parks Ltd, which hopefully will be sent to me. Yes they are claiming against the keeper

[Darren104]

Usually letter before actions from the likes of BWLegal are pretty naff and basic and sometimes don't comply with the Debt Protocol.

I ave a letter floating around somewhere that you could use as a template to respond but you'll have to wait until later for me to hunt it out.

Did you find the letter Bob, thanks

[ostell]

Send a letter to BWL demanding copies of all the documents they intend to use in the case in order to narrow the issues between you, as expected by the courts. As they are threatening a claim they must have all the documents to hand and therefore you expect the documents by return or at the latest within 7 days

[Darren104]

Send a letter to BWL demanding copies of all the documents they intend to use in the case in order to narrow the issues between you, as expected by the courts. As they are threatening a claim they must have all the documents to hand and therefore you expect the documents by return or at the latest within 7 days

Thank you, I will do. Do you think i should ask for a break down in how they have calculated the £160 at this stage or wait a while, coz I've been told it is double recovery and abuse of process and the court don't take kindly to this. Thanks

[ostell]

They have handily put the charge to £160 including initial legal charge. This is not allowed so when it gets to court you complain about abuse of process in trying to recover more than they are entitled to. There have been cases thrown out because of this. Also as the keeper they cannot claim for more than the original PCN