BW Legal & Excel - letter

pappa_golf

go back to the other thread and read replies to your questions , and stop worrying , its over 6 yrs , and providing you did not have correspondence with them in that time you are frr

Coupon-mad

copperjar wrote: »

One thread thanks pappa. Wasn't asking for advice here, just showing that they are obviously sending out en mass in case other people searching too

Do the same as LoveNorfolk. These six year old PCNs are unrecoverable in law and so BW Legal need reporting several times over.

Not just a CSA complaint, send one to the SRA as well, for breaching this:

http://www.sra.org.uk/solicitors/handbook/code/part5/content.page

Acting in the following way(s) may tend to show that you have not achieved these outcomes and therefore not complied with the Principles:

IB(11.7)
taking unfair advantage of an opposing party's lack of legal knowledge where they have not instructed a lawyer;

IB(11.8)
demanding anything for yourself or on behalf of your client, that is not legally recoverable...

Bortron

OK, here is my letter, based on LoveNorfolk's example. The bold section is one I'm unsure about how to include:

Dear Sir/Madam,

Thank you for your letter dated XXXXX.

Being the registered keeper of the above vehicle on the date of the alleged incident contained in your letter, I feel it prudent to bring to your attention a few points.

(As I ignored the original charge, I’m not sure what to state about the incident itself – should I leave any mention of it out at this point, and just refer to their misleading information about the legal process?)

I feel I must point out that in your letter you state that “should you successfully obtain a CCJ this may have effect on my future creditworthiness and employability”. You are misrepresenting the legal process, as, should you be successful at a hearing, the losing party has 14 days to make payment or arrange a payment plan. As such, this does not automatically result in a CCJ being issued against the losing party, and therefore affects neither creditworthiness nor employability. I feel that you are using this as a scare tactic.

Also, as the time limit for County Court proceedings for matters such as this is 6 years from the date of the alleged incident, the balance stated in your letter is not legally recoverable. I feel that your letter therefore breaches the following articles of the Solicitors' Regulatory Authority (SRA) code of conduct:

• IB(11.7) - taking unfair advantage of an opposing party's lack of legal knowledge where they have not instructed a lawyer;

• IB(11.8) - demanding anything for yourself or on behalf of your client, that is not legally recoverable (…).

As I dispute this charge and consider this matter now closed, I politely request that you do not contact me further and refer it back to your client Excel Parking. I have submitted complaints regarding BW Legal to the SRA regarding the above breaches of their code of conduct, and to the CSA (Credit Services Association) for the misleading information contained within this letter.


Yours faithfully,

I also have a question about my address - the address they have is my parents' address, and I no longer live there. Should I use the same address on my reply, and withhold my current address from them?

Coupon-mad

As you are past the six years and this is an unlawful demand from a solicitor/legal firm who should know better, there is no need to mention anything about the parking event at all. The sum is unrecoverable in a court, even if you'd parked sideways across two (private land) disabled bays for a fortnight while you went on holiday!

I also have a question about my address - the address they have is my parents' address, and I no longer live there. Should I use the same address on my reply, and withhold my current address from them?

Yes in your shoes I would not give them further address data, seeing as your can use your parents' address and get replies that go there. This will never go near a court, you can get this struck out if they try.

copperjar

They have now phoned me about this and caught me off guard so I spoke to them. I said it is over 6 years so not enforceable and he said that although not enforceable they would like the money owed so will take to next stage. I did not write to them last week but will do so now. Kicking myself that I spoke to them on the phone

arthurx1234

copperjar wrote: »

They have now phoned me about this and caught me off guard so I spoke to them. I said it is over 6 years so not enforceable and he said that although not enforceable they would like the money:rotfl::rotfl::rotfl: owed so will take to next stage. I did not write to them last week but will do so now. Kicking myself that I spoke to them on the phone

CHEEKY B*****s
Whats the next stage---- ANYONE??

Arthur Brexit

bod1467

How did they get your phone number?

Coupon-mad

You should record the next phone call and send it to the SRA and CSA.

copperjar

No idea how they got my phone number!

Best to write to them with advice above now and report you think?

beamerguy

copperjar wrote: »

No idea how they got my phone number!

Best to write to them with advice above now and report you think?

There is no "next step" for these droids.

There is a next step for you, a police report citing intimidation and asking what the next step will be