I got a reply from bw legal!

Coupon-mad

E V L can be summarised thusly, Magistrates Court, hit and run. false statements to the police. forensic evidence nails the driver, send him down.

Nice summary DP.

Hiltop1

Thank you lovely people (feels weird to be in touch after 4 years reading and following your advice!)

Will check out and send complaints to relevant bodies and reply with short rebuttal.

Wonder if I can stretch this out until I hit the 6 year mark?!

Umkomaas

Thank you lovely people (feels weird to be in touch after 4 years reading and following your advice!)

And we've been at it every day of every week in the meantime!

Hiltop1

Morning all. Right, so they replied quickly to my letter referring them to the issues outlined in my previous letter (response to the '£54' one) and pulling them up about EvL. The reply says they noted my position re EvL but "We maintain that the principle in the case are applicable to the matter at hand irrespective of the fact that it was a criminal matter. Our client maintains the presumption, as found in the judgement is applicable'. They go on to say pay in 7 days as they "are instructed to initiate County Court proceedings against you for recovery of the Balance. Accordingly if payment has not been forthcoming a Letter Before Action will be issued to you."
So, what next? I am so tempted to meet their EvL with a case from post pofa, in same carpark, which VCS took to court - 7 tickets and happily admitted was driver; dismissed and driver awarded costs on basis that charge unreasonable in a free car park and no way to prove it cost £100 to upkeep cameras (and discount offered proved it). at the moment I am snowed under with family difficulties and my busiest time at work and have little time in next 7 days to spend on this (plus barely slept last night stressing about this and a few other pressing problems - blood pressure check Thursday so got to get myself calm by then!). I am cross with myself for letting them get to me when I know I have done nothing wrong.
I have done SRA complaint, emailed Watchdog (they advised putting letters in bin pre POFA so i would like them to get cracking on bw legal) and emailed head office of two stores linked to free car park - I still cannot find out who the land owner is though.

Redx

as previously explained to you , you keep replying and rebutting anything in their letters, using G@N replies which are short and sweet and deny any points they make , this is a 5 minute job as the replies are already drafted over on PPP where you have posted

I hope you did not think they were just going to stop ? they wont unless it gets past the 6 year mark (or once they are reminded the 6 years is up , where they refer it back to client)

in simple terms , keep replying , keep denying , keep rebutting , K.I.S.S. principle

either they will issue an MCOL, or they will time out , withdrawal is extremely unlikely as they are doing what their client has told them to do (it is what solicitors do , follow their clients instructions)

it may be all boilerplate letters, not reading the replies etc, but its still a rolling stone, it rolls and rolls , regardless

at this moment in time you have no other options apart from a landholder cancellation , or pay in full (which we dont advise)

so its stalemate , neither side giving an inch , but you are NOT in control here, they are

to find the landholder, you pay the Land Registry £3 or something similar

Umkomaas

I'd be telling them you have no intention of paying them anything, so skip the LBA stage and get on with issuing court papers where you will have a judge determine whether EvL has any application.

Tell them that a decision in your favour will have major implications for BWL as the outcome will be quickly reported to the SRA, given BWL's misuse of EvL in its mass mailing of individuals.

You've got to fight fire with fire - just because they are solicitors, doesn't give them the monopoly on issuing threats.

The_Deep

I agree with Redx and Umko, keep the ball in play, it costs them money. It may also seed doubt in their minds as to the of merit of their case. They now must realise that if they are relying on E v L they will have an uphill fight. They also have to counter their ambitious claims,

Also, warn them that if they insist, when you prevail, you will be seeking punitive damages for their unreasonable behaviour UNDER CPR 27.14(2)(g)

Keep up the pressure, you are at the helm here.

Hiltop1

Thanks all - one thing is for certain, I can't pay them even if i was minded to! I took a £7000 pay cut last year to continue my work with young people who have learning difficulties and disabilities, along with an increased workload and responsibility - the joy of working in the public sector in austerity Britain. i currently have a broken window, a leaky flat roof and a dead electric shower and two dependent children - fake charges are way down the list of priorities.Just didn't know whether to reply and ask for some evidence or something to delay a bit, or just another denying their claim. i do use GAN etc letters but when I post here it is because i haven't found a completely relevant example. will look again before the day is out as some people are around the same stage as me and may be updating.

Redx

I see G@N replies posted daily over there , every point made in the BW LEGAL letters has been rebutted , I doubt there is anything new, (they have about 4 stages of letters), its all

POFA2012
ELLIOTT vs LOAKE
THE £54 issue
harassment rebuttals by BW LEGAL

VCS (or EXCEL) have 6 years to pursue a court claim, this is nothing new

your ability to pay or not makes no difference to the case , if VCS or EXCEL decide to instruct the client to proceed , it goes ahead, regardless of the ability to pay (OR NOT) - these court claims never centre on the defendants ability to pay

CM has called it credit clamping , whereas it used to be car clamping before oct 2012 , its just another way of extorting money and making people squirm for 6 years (as they are doing to you)

this is also why there is a growing movement to complain to the SRA and the CSA , to MP,s etc (read other threads and you will see many examples of the growing movement , see the recent ones by BG and TD for a start

we are all aware on here and on PPP about this sc@m and have been for years, but since the BEAVIS case there are many more court claims being issued, many more dubious solicitors jumping on the bandwagon

you are just one in a list of thousands, or tens of thousands, its not personal , its business (even if the PPC loses money on each one, it frightens others into paying , so loss leaders)

Hiltop1

Thanks, - I didn't mean that my inability to pay would make a difference to them or a court case, just that it makes me even more resolved to keep going with the letters. I do follow all these threads, and have done for nearly 5 years before feeling the need to post. Just sometimes when I want to avoid doing the wrong thingor the worry is getting too much, i need a little advice and boost to keep on.