BW Legal and Excel; £54 'legal charge' justifiable ?

JJ7516

Thank you papa golf.

My only concern is that when I initially responded to the notice I sent them a cheque as an offer of a reasonable sum - could they use that as somehow interfering with the limitation period?

JJ7516

I shall definitely report them to the SRA beamerguy if,as and when it continues.

Thanks

Umkomaas

JJ7516 wrote: »

Thank you papa golf.

My only concern is that when I initially responded to the notice I sent them a cheque as an offer of a reasonable sum - could they use that as somehow interfering with the limitation period?

That could be seen as acknowledging that you owe some form of debt. I've read in passing that this can effectively extend the limitation period.

I don't know the ins and outs of this (others might) but you might want to check it out. While usually of little use in dealing with parking charges, the CAB seem to be better clued up on 'debt', so a contact with them might get you the information you need.

pappa_golf

interestingly , yes it could , at what point (date) did you do this?


don,t worry too much BW legal are being smacked in court as we speak , latest reports (as of 30 mins ago) from Manchester court , http://forums.pepipoo.com/index.php?showtopic=105762&st=80&start=80


read , then laugh,

beamerguy

JJ7516 wrote: »

Thank you papa golf.

My only concern is that when I initially responded to the notice I sent them a cheque as an offer of a reasonable sum - could they use that as somehow interfering with the limitation period?

Assume they did not accept your cheque and it was never cashed `

beamerguy

pappa_golf wrote: »

interestingly , yes it could , at what point (date) did you do this?


don,t worry too much BW legal are being smacked in court as we speak , latest reports (as of 30 mins ago) from Manchester court , http://forums.pepipoo.com/index.php?showtopic=105762&st=80&start=80


read , then laugh,

BRILLIANT

She (The Judge) guided me very well and told me that bw legal were a disgrace

Hopefully the first of many now.
Hopefully the Judge has put a marker about BWLegal in the court system so all other courts can see it.

Surely the SRA cannot allow BWLegal to continue when a Judge states they are a disgrace ??

JJ7516

I have found my original letter & copy cheque and the response. I sent it on 27/10/10 and the cheque bears the same date. So still out of time then. They responded on 4/11/10 (returning the cheque), but I can't see how that could be a trigger date for the limitation period?

pappa_golf

well as you received the cheque back on 4/11/10 I would say that is the cut off point , their last letter stated "advising payment by 10/11/16 "to prevent legal action being taken" "


therefore they have stated no action until 10/11 , but by 4/11 the 6 yrs are up


save that cheque stub/letter , in case of complaint

yotmon

Wasn't there a case recently where a lady paid the pcn then sued the ppc for the money back. The ppc argued that by paying the sum, it showed agreement with the debt. The judge refused this as an argument and agreed that it was a way of limiting the debt from escalation and found in favour of the motorist ?

I'm wondering if BWLegal are being paid by the amount of letters sent, as they certainly aren't shy at sending out replies.

As said above, allow them to do their thing, give them enough rope and hopefully they will hang themselves with it !

hoohoo

The limitations Act kicks in on the data when the money should be paid. so if they gave you 28 days to pay, it does not kick in on the day you got the letter, but 28 days later.

The Limitations act 1980 states how long a parking company can pursue you for
http://www.legislation.gov.uk/ukpga/1980/58/pdfs/ukpga_19800058_en.pdf

Here is some more information
https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/Page-02.aspx

"The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice."

So I think you need to play ping pong for another month to be safe.