Britannia/BWLegal: Another claim struck out for Abuse of Process

beamerguy

This is the first one like this we have seen and I'm certain that all those that have been helped on here will soon come back to us if they receive these letters.

Is this sheer incompetence by BWLegal, or will this be an attempt to defraud people. Only the other day they were chasing someone for their £60 scam alone ?
Is this incompetence or desperation ?

Mahershalalhashbaz should wait to see if BWL progress this through to a court claim. With their incompetence, they may well do this.  Judge Grand must be alerted to this.

If this becomes more then the Police should be informed.  I think we all know that the SRA are useless, I cannot see that they regulate or are an authority

D_P_Dance

Why not send a copy to the judge.  Also, see if the Daily Mail is interested, they hate these scammers.  A good story about a dodgy dirty shirt may well be up their alley.

This may not be contempt of court, (but it may be).  ,  What it certainly  is is unprofessional conduct and, if The Sun were to publish it, conduct likely to bring the profession into disrepute, surely  the SRA must take action.  

Tazman1969

This what happened to myself with them, have it in writing that even if I did pay the FCN they said that they were legally entitled to the £60 and would persuade me through CC if needed to collect the outstanding amount 🤔. 
They 100% know that they are not entitled but don't care about it, just think all the victims that pay its worth the risk and SRA do absolutely nothing about it. 

beamerguy

Tazman1969 said:

This what happened to myself with them, have it in writing that even if I did pay the FCN they said that they were legally entitled to the £60 and would persuade me through CC if needed to collect the outstanding amount 🤔. 
They 100% know that they are not entitled but don't care about it, just think all the victims that pay its worth the risk and SRA do absolutely nothing about it. 

And how did you handle that ?

Mahershalalhashbaz

Coupon-mad said:

2. The judge who struck out the claim, was one DJ Grand who has subsequently presided over a triumph by this forum's own Coupon Mad in a notable case last November.  I expect that he may have more than a passing interest in the excesses of the parking industry, but I am not sure that bringing this letter to his attention would achieve much.

Not really contempt of court is it?

I would say that it is.

Write to DJ Grand and tell him what has happened (attach a copy of his Order in your case and tell him you are in touch with the lay rep who appeared for Mr Crosby at BW Legal's failed application hearing in November 2019) and say that you and I are concerned that BW Legal have perhaps tried this with ALL the other parking cases that Southampton court stayed and then struck out. 

And we are very worried that some people might pay if they were unsure what actually happened in their case.  State how horrified and alarmed you are by this horrendous abuse of process, which seems so serious it looks to your untrained eye as if the solicitor and/or Claimant are in contempt of court.  And you wonder if the Senior Circuit Judge might be interested in seeing what BW Legal did next in these cases, given that neither Mr Crosby nor me, heard that they appealed (so, they didn't).

As always I am respectful of your advice in such matters, and will mention you to the judge.  For myself I am not unduly concerned about BW Legal taking things further with me.  My concern as yours is that regardless of the outcome of court cases, they are still seeking to extract ridiculous sums from the unwary.  There ought to be some sanction.

Mahershalalhashbaz

beamerguy said:

This is the first one like this we have seen and I'm certain that all those that have been helped on here will soon come back to us if they receive these letters.

Is this sheer incompetence by BWLegal, or will this be an attempt to defraud people. Only the other day they were chasing someone for their £60 scam alone ?
Is this incompetence or desperation ?

Mahershalalhashbaz should wait to see if BWL progress this through to a court claim. With their incompetence, they may well do this.  Judge Grand must be alerted to this.

If this becomes more then the Police should be informed.  I think we all know that the SRA are useless, I cannot see that they regulate or are an authority

Yes, my inclination is to ignore BW Legal for now.  I have not responded to their 7 day ultimatum, and in any case the letter didn't reach me until a week after their offer expired.  

The letter goes on to read:

'It is important that you call us before the 7 day period expires to discuss the options available to you.
'If you have not taken any of the action above before the deadline expires, we are instructed to proceed with our client's claim with a view to obtain a County Court Judgment against you for the full balance owed, including costs and interest.'

So we shall see.

Umkomaas

I'd be tempted to call them, act as though they are really frightening you, but tell them you can't afford to pay them, lead them on so they think they've got a real rabbit to chase, await the court claim.  Then you could really have them by the short 'n curlies!

Tazman1969

beamerguy said:

Tazman1969 said:

This what happened to myself with them, have it in writing that even if I did pay the FCN they said that they were legally entitled to the £60 and would persuade me through CC if needed to collect the outstanding amount 🤔. 
They 100% know that they are not entitled but don't care about it, just think all the victims that pay its worth the risk and SRA do absolutely nothing about it. 

And how did you handle that ?

I basically said that I would not be intimidated into paying a amount that they legally can not add so take me to court where I will show the Judge that I tried to settle before litigation ( they actually said ...the only way to stop us taking you to court is the full balance that included the fake added amount) Then Versions of letters of lies from them which I replied, which the failed to answer the questions went quite for over 2 years then it started all over again.
This has been ongoing since Sept 2016 with a healthy paper trail of unreasonable behaviour from them already to show in court. 

beamerguy

Mahershalalhashbaz said:

beamerguy said:

This is the first one like this we have seen and I'm certain that all those that have been helped on here will soon come back to us if they receive these letters.

Is this sheer incompetence by BWLegal, or will this be an attempt to defraud people. Only the other day they were chasing someone for their £60 scam alone ?
Is this incompetence or desperation ?

Mahershalalhashbaz should wait to see if BWL progress this through to a court claim. With their incompetence, they may well do this.  Judge Grand must be alerted to this.

If this becomes more then the Police should be informed.  I think we all know that the SRA are useless, I cannot see that they regulate or are an authority

Yes, my inclination is to ignore BW Legal for now.  I have not responded to their 7 day ultimatum, and in any case the letter didn't reach me until a week after their offer expired.  

The letter goes on to read:

'It is important that you call us before the 7 day period expires to discuss the options available to you.
'If you have not taken any of the action above before the deadline expires, we are instructed to proceed with our client's claim with a view to obtain a County Court Judgment against you for the full balance owed, including costs and interest.'

So we shall see.

There is a big clue in that letter which is "we are instructed to proceed" meaning Britannia have instructed them.

This could also be an issue for the BPA and the DVLA to investigate. Has Britannia after losing re instructed BWL to have another go.  ????

Tazman1969

This just shows completely how incompetent & corrupt they are hoping intimidating people will get them to pay up, and it works that's why they do it knowing that absolutely nothing will happen to them. 
They will push it as far as they can, then come across someone who will fight it,  then just come back with it was an administrative error get out of jail free card...