Letter Before Claim from BW Legal

joG123

Thanks for the advice everyone. I'll send the letter, await the summons and come back for advice on the defence.

The_Deep

Oh and yes, the debt collecting company threatened:
- apply for a court order against my earnings
- seize certain of my assets and have them sold in execution
- seek an order against me which would attach all monies that may be due to me from other sources
- obtain a court order for my financial examination
- take action to have me declared bankrupt

Worth complaining to your MP and Trading Standards imo.

beamerguy

Coupon-mad wrote: »

Astonishing that this is not illegal, as none of it is going to happen.

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

Part 1: Liability for misleading and aggressive
practices
The 2008 Regulations make misleading actions unlawful
(see regulation 5). An action by a trader is misleading if it
contains false information or if it is likely to mislead
the average consumer in its overall presentation.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

beamerguy

joG123 wrote: »

Thanks for the advice everyone. I'll send the letter, await the summons and come back for advice on the defence.

THE FAKE £60

12th June 2019
Southampton court threw out a case from BWLegal because of Abuse of Process regarding the fake BWLegal add-on. READ ALL ABOUT IT .... POST #10
https://forums.moneysavingexpert.com/discussion/comment/75917866#Comment_75917866

Le_Kirk

joG123 wrote: »

Thanks for the advice everyone. I'll send the letter, await the summons and come back for advice on the defence.

It won't be a summons as you committed no criminal offence.

joG123

Hi,

I recently received an email from BW Legal to acknowledge my email and to say:

"Please note that the matter is currently being queried and your file has been placed on a hold."

Positive as not a standard email but I will still go ahead and put together a defense just in case.

Does this restart the 30 days clock or is it still 30 days from when I sent my email before they can issue a claim?

beamerguy

joG123 wrote: »

Hi,

I recently received an email from BW Legal to acknowledge my email and to say:

"Please note that the matter is currently being queried and your file has been placed on a hold."

Positive as not a standard email but I will still go ahead and put together a defense just in case.

Does this restart the 30 days clock or is it still 30 days from when I sent my email before they can issue a claim?

Interesting, maybe they have queried the fake £60 ????

I would imagine the clock stopped from the date of their email and can only restart from the date they reply. Depends how many days BWLegal want the clock stopped

joG123

Hi, so after complete silence since 24 June I have today received six copies of the exact same letter from BW Legal. It includes a copy of the SAR response from KBT Armtrac (not complete as requested) and a covering letter saying they hope my outstanding queries are now covered and asking me to contact them to discuss an affordable payment option!
They give me 7 days to contact them or it may lead to further collections activity or further legal action!

I assume I just ignore this?

I am so fed up with this. After 6 months I thought that they had given up. Nice early Christmas gift. Definitely thinking I might take them to small claims for harassment.

Coupon-mad

Six copies of a letter about the same single PCN (only one PCN in play?).

joG123

Yes, six identical copies. I had members of my family check to see if there was some trick with one of them being a request to court but no they are all identical.