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

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Mahershalalhashbaz ......   I would suggest you contact Britannia, refer to the case and ask them if they have re-instructed BWLegal to proceed again ?
    My personal guess is that they did not, it would be foolhardy for them because of the implications with the BPA and DVLA.
    Now, suppose BWLegal are NOT acting on further instructions and that Britannia know nothing about this, if BWLegal were to succeed in a claim or, the BWLegal  letter just scares people into paying, would Britannia see any money ??  

    First port of call will be to Britannia
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    It's more likely incompetence. A failed process stuck this in the wrong pile

    its not likely to be malice given the number of claims they process 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 16 April 2020 at 11:42AM
    It's more likely incompetence. A failed process stuck this in the wrong pile

    its not likely to be malice given the number of claims they process 
    Maybe, maybe not. the conduct of BWLegal has shown they are unworthy of their profession. To what degree does their incompetence go to
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    Personally I would be seeking compensation from them.  
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance said:
    Personally I would be seeking compensation from them.  
    This must be directed to Britannia as to whether they instructed BWLegal to proceed again on a case that has already been struck out
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Well for BW there's the DPA claim already. 
    For Britannia a general inquiry giving nothing away would be good. 
  • I followed some of the advice, but BW Legal continue to think that having a claim dismissed by a judge should not prevent them from pursuing it.

    Ten months after their claim was struck out, they have written a second time to remind me of a balance due to Britannia Parking of £242.58.  In April they gave me a week to agree to pay a reduced fee of £180.  Not having heard from me, they have written with another offer.

    They reiterate that £242.58 is due to their client, but the tone is more emollient.  The new letter begins 'We understand that this is a difficult time for everyone, so we wanted to let you know that we are available to assist you...'  It goes on 'We want to ensure that if you are/have been directly or indirectly impacted by COVID-19, that you still get the best advice...' and they provide their phone number. 

    And then a paragraph with a title in bold: 'Great news - 25% discount offer'.  They are giving me the whole of May to accept to pay £181.94.  I am told not to worry if I cannot afford it, as they 'have pre-approved an instalment plan of £10 per month'. Feigning familiarity with my financial situation, they write that 'the plan has been recommended to take into account estimated disposable income'.

    Then a final paragraph, headed 'Important information about credit reporting', and I am informed that 'if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month'.

    So is BW Legal utterly corrupt or simply incompetent?  Of course the one doesn't exclude the other.  
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