BW Legal Letter of Claim

Coupon-mad

Yep.

You've turned 100% POPLA win into now having to defend a court claim.

Aardvark22

Not really sure I understand what's happened here. I got the wrong idea and thought that the mistake the PPC had made was that it had sent the NTK too late and that representing myself as the hirer was a secondary consideration.

Is it now too late to challenge this as the hirer of the vehicle? I wasn't the driver at the time and neither have I identified the driver. I'm considering just paying up and being disgruntled.

Quentin

Too late now.


Wait and see if you do get a LBCCA or Court correspondence


If it comes to that then the Newbies FAQ comprehensively advises on defending court claims in #2

Coupon-mad

I'm considering just paying up

No, you are not.

Your argument about no hirer liability still has legs but you threw away the easy route to argue it online to POPLA and win. That chance has now gone but so what?

The facts remain & court cases are won 99% of the time by well-prepped posters here.

We did tell you exactly what to do and when. You never just sit on a case. You just made it a bit more stressful - still winnable, if they try court.

Aardvark22

Fair enough, thankyou all. Sorry for misunderstanding the previous advice, that's down to my own carelessness.

So I understand from the Newbies thread that my next move is to send a SAR to the PPC and a request to halt data processing to BW Legal.

Following my previous letter to the PPC and BW Legal stating that there can be no keeper liability due to late service of the NTK, I also received a letter from BW Legal stating that my account was on hold pending further instructions from their client, the PPC.

I assume that, as I received a LBCCA prior to the letter stating that my account is on hold, that BW Legal are now not required to send another LBCCA prior to commencing court action. i.e. one LBCCA will do regardless of whatever other correspondence occurs prior to the deadline stated in the LBCCA.

Is it worth me posting my SAR and the letter to BW Legal, or should I just go with the standard templates that I found on the newbies thread?

Thanks again for your patient help

Coupon-mad

Use the SAR template linked in the sticky, no need to show us.

my previous letter to the PPC and BW Legal stating that there can be no keeper liability due to late service of the NTK,

But it's not so much about that is it, if you are the hirer/lessee and not the rk, then different rules apply and it's about the fact the NTH (not NTK) had no enclosures. It might also be about the deadlines but only if you take into account the added time to get your data (see para 13/14 of the POFA).

I assume that, as I received a LBCCA prior to the letter stating that my account is on hold, that BW Legal are now not required to send another LBCCA prior to commencing court action. i.e. one LBCCA will do regardless of whatever other correspondence occurs prior to the deadline stated in the LBCCA.

Which is why I advised you to say the extra line...to buy another 30 days. You should also reiterate as a hirer/lessee you cannot be held liable.

Aardvark22

I'm sorry I don't understand. What is the extra line?

Coupon-mad

I'm sorry, it's not on this thread after all!

I add it all the time but must have been replying to several people in a row:

https://forums.moneysavingexpert.com/discussion/comment/75765342#Comment_75765342

Aardvark22

Okay, so I understand this as meaning, when BW Legal refuse to put the case on hold pending fulfilment of my SAR, I should inform BW Legal that I am seeking debt advice?

Coupon-mad

Yes indeedy. Read the pre-action protocol on debt claims, the bit about seeking debt advice says the Claimant MUST put the case on hold!

Gives you time to get the SAR results back.