BW Legal LBA?

morpheus83uk

Hello,

I have searched the forums with lots of information regarding BW Legal and Excel and I have received a letter saying how they have been passed this from Excel.

I think its a letter before action but I am unsure.

It states" As you failed to make payment or raise an appeal within 28 days from the date of the PCN (but I did appeal) the balance due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non payment within the specified timeframe, we will seek Our Clients instructions to commence legal proceedings against you in the form of a County Court Claim Form in the County Court."

Firstly is this a LBA?

Secondly can they request the additional £54? As they state is detailed in the car park terms and conditions.

If it is an LBA what do I do now?

Also this is from the collections team is this normal?

Thanks

James

pappa_golf

you did appeal , did they reply?


who was the nasty company?

Quentin

morpheus83uk wrote: »

Firstly is this a LBA?

No. (From the sentence you quoted, and BW are debt collectors)

arthurx1234

Quentin wrote: »

No. (From the sentence you quoted, and BW are debt collectors)

And registered Solicitors (says so on bottom of letter)

Arthur Brexit

morpheus83uk

Thank you for your replies.


I did appeal and they did deny it. Its BW Solicitors who sent the letter but the originator is Excel Parking for apparently parking in the Peel Centre with no signage at KFC a few years ago!


So with them being registered solicitors and debt collectors what should I do with regard to this letter? Ignore it? Or respond to it?


If it would help I could upload a copy of the letter with my details remarked out?


Thanks Again


James

Coupon-mad

You should read the dozens upon dozens of other BW Legal Excel threads and follow what they did. Just search the forum 'BW Legal Excel'.

morpheus83uk

Thank you for that.


Are they both debt collectors and solicitors then?


If they are debt collectors I presume the letter is from the debt collection arm? If this is correct can a solicitor be a debt collector legally? As this seems very strange to me...


James

pappa_golf

wright hastle are solicitor's and debt collectors , so are gladstones , so are ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

morpheus83uk

I have had a look around and I am presuming that I respond to them with something like this:


Dear BW Legal,

The debt is denied. The amount charged bears no relation to the parking fee.

Your debt collection costs of £54 are not appropriate. The amount is also excessive. I refer you to ParkingEye v Somerfield where debt collection costs of £60 were found to probably be a penalty by HHJ Heggarty.

Complaint
I wish to raise a formal complaint regarding your letter. Requiring a response within 10 days to a letter before claim is against practice directions, which require a minimum of 14 days.

Additionally, you are misrepresenting the legal process. A CCJ is not automatically entered following a successful hearing. The losing party has 14 days to make payment and if they do this has no effect on credit or employability.

Please follow your formal complaints procedure. If I am not happy with your response, I will escalate to the CSE.


I have read from here:


http://forums.pepipoo.com/index.php?showtopic=104441


by hoohoo


I am wondering though do I need to state that I have appealed and they have rejected my appeal and also that there is inadequate signage where I parked?


As this is to do with Excel and the Peel Centre Stockport again. Its just with them being solicitors and debt collectors the advice from different people seems to be ignore or send a letter so I am unsure which approach to take.


Thanks


James

Redx

just send the letter and dont add to it or admit anything

the time to issue your defence bullet points is if they start an MCOL and you will cite your bullet points in the initial defence

never assist a PPC or their agents

morpheus83uk

Thanks I am now at home and looking through the letter and it says:

"County Court Proceedings

In the event County Court proceedings are issued you maybe liable for court fees, further solicitors costs and statutory interest. Should we successfully obtain a County Court Judgement ("CCJ"), this may have a detrimental effect on your future creditwortiness and employability. Our Client also reserves a right to commence enforcement proceedings against you for recovery of the balance due."

In my original post I stated from the letter "we require payment in full within 16 days from the date of this letter."

So with this in mind would the below letter be the best to send as it seems to differ from what my letter states?

"Complaint
I wish to raise a formal complaint regarding your letter. Requiring a response within 10 days to a letter before claim is against practice directions, which require a minimum of 14 days."

In my letter it states 16 days to require payment in full. Would this be the same thing?

Thanks

James