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Bw legal and excel

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  • Umkomaas
    Umkomaas Posts: 41,515 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    Umkomaas you said to send copies of the tickets, hence i reworded my reply. However from reading the other threads, if i gave them an excuse or a reason they are more likely to pick me to go further??
    If your tickets prove your case, why do you think showing these would single you out for further action?

    If this does get to court you can't in the middle of the hearing scratch around and pull these out of your pocket like Paul Daniels with a rabbit :EasterBun (or Debbie McGee with her's for that matter :D).

    Anything you are to rely on must be shown before the case, AFAIUI.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 24 August 2016 at 10:59PM
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    frankly, I think they will pick all of you to "go further"

    all this LBC stuff is a prelude to the main event , the MCOL, which they are issuing in droves

    its like 2 stags bellowing and pawing the ground and pppp ing on it before they butt horns in the rut

    the whole point of these exchanges is that they would be used in court as EVIDENCE on PAPER , as Judge Rinder would say , its part of the paper trail and as umkomaas says above, all the evidence being relied on needs to be shown beforehand or in the initial exchanges, or be referred to for the main event later on

    BW LEGAL are just using templates and mish mashes of copy and paste and I am convinced they dont read what people send them, or the details of the case itself

    as for your letter above , loads of spelling mistakes in it, so at least run a spell checker on it to make it look "professional"
  • luksakura
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    Redx and umkomass.

    Thank you for sending me the extra links. I feel that my first rebuttal letter was not acknowledge as i dont appear to have had the same chain of letter that others have recieved. My letter is a reduction in price, no mention of prevoius cases ie elliot v loake. ( appears to be the same route as prevoius attempts)

    Umkomaas you said to send copies of the tickets, hence i reworded my reply. However from reading the other threads, if i gave them an excuse or a reason they are more likely to pick me to go further??

    I have removed the part about the tickets and reverted to the original 2nd response letter.


    Dear Sir/ Madam,

    I write to you with regard to your letter dated ....

    First, I must point out that I have replied to you on .... I enclose a copy of the orignal communcation and proof it has been received.

    Again. This charge is disputed and consider this matter now closed. I therefore request you refer this matter back to your client and cease and desist all contact with me.

    Additionally, I never consented yo my details being shared by Excel and I revoke any permission they may have incorrectly given to you.

    The SRA were copied in my previous response and are also copied into this reply.

    Yours faithfully.


    The original was a gan one that coupon mad okayed as it was short and to the point.

    The last thing i want to do is p off the people who are helping me, i am happy to write complaint letters etc to help build up the numbers to get these investigated.

    Thank you again cor your support.
  • luksakura
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    Yes sorry about the spelling mistakes. I have no access to a laptop or pc at home and im reliant entirely on my phone hence some nights i keep going round in circles on different forums and i appear to be posting the same post twice.

    I will send a copy of my evidence if this helps my case. My draft will be email from my phone to my work so i can re type as a word document in the correct format.

    I will try and get to work early in the morning and play around until i get something right.

    Thank you.
  • luksakura
    luksakura Posts: 51 Forumite
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    I have posted my reply with evidence of the tickets. Only to return home to the 2nd letter. The one refering to elliot and loake and only allowing 7 days to respond before the "we shall take our clients unstructions in regard to issuing court proceedings for the balance"

    What do i do now?? Wait for a response from my letter before replying. Or reply to this letter as well?

    Advice greatly appreciated.

    Thanks
  • Grimble
    Grimble Posts: 455 Forumite
    First Anniversary First Post
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    Include in any letter you look forward to seeing their forensic evidence as in the case of EvL and if not forthcoming you will inform the SRA.
  • luksakura
    luksakura Posts: 51 Forumite
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    Anyone know a good link for a sra complaint for the std second letter from bw Legal. I thought i found one the other day but could find the page when i went to print it out.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    You never know how far you can go until you go too far.
  • luksakura
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    Further to our letter dated 19 July 2016 where we requested that you either pay the Balance in 111 or provide your
    detailed grounds for disputing the PCN, by 4 August 2016, we are yet to receive payment and/or a response to our
    letter,
    Please pay the Balance by 15 September 2016 to prevent legal action from being taken. For the avoidance of doubt
    the Balance relates to the £100.00 parking charge and £54.00 for our client's initial legal fees. which were detailed
    in the car park terms and conditions.
    County Court Proceedings
    As we have previously brought to your attention. In the event County Court proceedings are issued. we will be
    seeking recovery of not only the Balance but our client's court fees, further solicitor's costs and statutory interest
    which are estimated to be the following:

    Principal debt + initial legal costs£154

    Estimated interest £38.38

    Estimated court fees £25

    Estimated solicitors costs £50

    Estimated total £267.38


    We also wish to bring to your attention the case of ParkingEye Limited v Beavis[2015] UKSC 67 in which the
    Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor
    unconscionable. This case eliminates the main defence that you may have should the matter go to Court and this
    case will be relied upon, by our client, in any County Court proceedings.
    You should also note that if your claim has already been processed through an Independent Appeal Service ("IAS")
    and an IAS has dismissed your appeal, then it is likely that a County Court will come to a similar conclusion and
    your defence will be unsuccessful.


    We also wish to bring to your attention the case of ParkingEye Limited v Beavis[2015]UKSC 67 in which the
    Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor
    unconscionable. This case eliminates the main defence that you may have should the matter go to Court and this
    case will be relied upon, by our client, in any County Court proceedings.
    You should also note that ifyour claim has already been processed through an Independent Appeal Service ("JAS")
    and an IAS has dismissed your appeal, then it is likely that a County Court will come to a similar conclusion and
    your defence will be unsuccessful.
    1r our client successfully obtains a County Court Judgment ("CCJ") against you(which is likely), then a CCJ will
    be recorded on your credit file for 6 years unless you satisfy thc CCJ in full within a month of thc CCJ being
    entered, A CCJ on your credit file may affect your ability to obtain future credit and may affect your employability.


    Jfyou fail Lo comply with thc CCJ order we reserve the right to take one of the following enforcement actions to
    recover this debt:
    · Warrant of Control: A County Court BailifFvisiting you at your home.
    · Attachment of Earnings: Your employer may be ordered to deduct payinents from your wages.
    · Order to A« end Court For Questioning: You being ordered to attend Court to disclose your financial
    circumstances.
    In allowing you the opportunity to make representations and/or pay the Balance before proceedings being
    issued, our Client has complied with the guidelines under the Independent Parking Committee Code ofpractlce
    cthe Code") and its obligations under the Civil Procedure Rules ("CPR"). All previous correspondence in this
    matter will be brought to the attention ofthe Court should this point be raised.
    What You Need To Do Now
    To avoid proceedings being commenced and thc above additional fecs, costs and estimated interest being incurred,
    wc request you pay the Balance by 15 September 2016.
    We have attached to this letter(once again) our"How to make payment"document, which details thc ways in
    which you can pay thc Balance. In thc event we do not r cccivc pnymcnl of the Balance by 15 ScptenTbcr 2016, we
    place you on notice that we will commence legal proceedings for thc recovery of the Balance without further
    notice.
    Ifyou nre unable to pay thc Balance mimcdiately, please Call us today on 01133234479 to discuss this matter
    with onc of our helpful team. Our tcarn can set up an affordable payment arrangement for you that matches your current financial circumstances.!



    Sent from my Samsung Galaxy smartphone.
  • luksakura
    luksakura Posts: 51 Forumite
    edited 2 September 2016 at 5:18PM
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    Hi guys. I have recievd the above in the post today. This will now be my 4th letter. I will respond with another Gan letter explaining my position has not changed since my 1st letter.

    Its pretty obvoius they are not looking at this case by case. 3 complaints have been made to the sra. In which ive received one reply, the other 2 i only sent last week so i would expect to see a reply later next week.

    Any pointers in what to put to my next letter to the sra. Other than drawing a picture of me shrugging my shoulders as bw legal dig there hole deeper???

    Do i have enough grounds to say harrsment now? i feel like i can counter claim for my loss in life hours repling to there nonsensical letters.

    I have not yet complained to the CSA. Does anyone have any pointers on what to put in that letter. I want to say enough, but not too much so they can come to a non bias opinion of bw legals actions.

    Any advice greatly recieved.
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