BW LEGAL performed credit search on my file...

The_Deep

No, Spanish.

NeilCr

The_Deep wrote: »

No, Spanish.

Thought it was the Spanish lottery!

waamo

To explain to the op. The reason they are doing this is to check the address they are persuing you at is the correct address. They are not performing a credit check on you. It's a check to confirm your address.

If they issue papers to an old address (many people move and fail to update their records properly) then you will end up with a default ccj against you. Overturning this costs you £255 which is often not refunded. It's not always successful either.

They are actually doing you a favour by making sure this doesn't happen. They aren't obliged to check as many who come here have found to their cost.

Frankly they should do it more often.

I note you have a court date set. Do you need assistance with preparing for this? We can assist with your defence if you need it.

Redx

I agree with waamo, a couple of years ago the precourt cpr changed and a check on correct addresses became the norm to avoid default CCJ,s at old addresses

It is likely that this may become mandatory in the new CoP when it appears , again to stop default CCJ, against people who have no idea about the court case until it's too late , what we called credit clamping

As stated above, it should be mandatory, as an address check prior to any court case , not checking for creditworthiness to ensure a payment may be obtained

It's just that the latter tends to be why the data is there

nosferatu1001

Were teh searches before they issued papers? Yes or No
If NO, and they were after, it could indictae
1) They have more claims against you
2) That they had no need to perform the searches

If 2) then its potentially actionable.

BrownTrout

It's a soft search so It will have no impact on you

nosferatu1001

It is still a breach of the DPA, as they had no cause to process the data.

Coupon-mad

Search the forum for soft search, as this has all been debated before.

elgordo9

waamo wrote: »

To explain to the op. The reason they are doing this is to check the address they are persuing you at is the correct address. They are not performing a credit check on you. It's a check to confirm your address.

If they issue papers to an old address (many people move and fail to update their records properly) then you will end up with a default ccj against you. Overturning this costs you £255 which is often not refunded. It's not always successful either.

They are actually doing you a favour by making sure this doesn't happen. They aren't obliged to check as many who come here have found to their cost.

Frankly they should do it more often.

I note you have a court date set. Do you need assistance with preparing for this? We can assist with your defence if you need it.

All understood.

Naturally, quite simply it feels like an invasion of privacy. They have done this on four occasions now (July 2018, October 2018, November 2018, August 2019), however I now understand how it could have potentially benefited me.

I have court date is set for 6th December to hear two separate claims in one hearing, both submitted by BW Legal at the same time. One PCN issued on 20/04/2018 and the other on 16/06/2018. I also have another claim for which I am currently submitting the directions questionnaire, which is in reference to another PCN also issued on 20/04/2018.

Yesterday I received a letter from BW LEGAL in reply to my defence, accompanied by an offer to settle for £180.

Here it is:

https://imgur.com/13ZdnBX

Has anyone seen this response before?

Within this letter the offer to pay a reduced fee expired the day I received it - how convenient. It was fraudulently dated as sent two weeks before as the stamp on the envelope demonstrates that it was sent on the 20th and yet the letter is dated the 7th.

Assistance preparing for these cases (and possibly more) would be much appreciated. I have gathered a number of examples of previous witness statements used by other members thanks to the newbies thread and I will turn my attention to this fully in September/October (I am coming towards the end of graduating from EMT to Paramedic and therefore my focus has to be on that for now).

Thanks for your replies everyone. Apologies if I've been short or had spammed the message board with multiple threads, I had just come off nights and wasn't the most alert or in the greatest mood after waking up to more harassment from BW Legal.

BrownTrout

Yes that response has been seen before, is nothing unusual.