BW Legal - "LETTER OF CLAIM"

Coupon-mad

Yes you are correct and those costs are unrecoverable. Was the PCN £80?

No need for us to see what you sent to Llawnroc. More important that we help you through the court process once the inevitable claim arrives.

beamerguy

zixxty wrote: »

EDIT: In relation to invoice breakdown posted above (#7), my £140 charge consists of 'Principle Balance + Initial Legal Costs: £140. Am I right to assume that 'initial legal costs' are considered the abuse of process as they haven't in fact incurred any initial legal costs. TIA

BWLegal don't seem to know what are they claiming and keep changing their minds about the fake £60 ???
You simply cannot trust anything BWLegal says.

The fact is that a claim will look like this ....

Parking ticket amount
£25 court fee
£50 legal costs

Anything else is ABUSE OF PROCESS and double recovery.

ABUSE OF PROCESS because POFA2012 says ....
This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

BWLegal need to explain to a court, on what authority do they act to over-ride the law

zixxty

Yes you are correct in that those costs are made up. Was the PCN £80?

Perfect. Yes if memory serves me correctly it was £80.

I shall keep them to myself.

With regards to SARs however, is it worth sending one to the DVLA? I've seen it mentioned on several threads that they have. And if so, would this include something along the lines of 'Who has my data been sold to, and when?'

nosferatu1001

Yep, abuse of process as they cannot claim £60 legal costs in small claism and they know it
Youll be asking for the claim to be struck out on that basis.

Just ask who accessed your records betqween X and Y
It will be one access only byu this compan.

Coupon-mad

Yes you just email the subject access DVLA email seen on this forum.

zixxty

The fact is that a claim will look like this ....

Parking ticket amount
£25 court fee
£50 legal costs

They have included the court fee and solicitors costs in my Estimated Total along with an estimate of owed interest (#7) but again state the principle balance along with Initial Legal Costs at £140. Whoops for them, I guess!

Yep, abuse of process as they cannot claim £60 legal costs in small claism and they know it
Youll be asking for the claim to be struck out on that basis.

For future reference, this would be included in the defence and not the witness statement, correct?

Yes you just email the subject access DVLA email seen on this forum.

Thank you, I shall shoot this email off now, hopefully the last one today until I get some replies!

For clarity, I have emailed BW stating that I have sent their client a SAR but I have not filled out the reply form or for that matter formally acknowledged the 'debt.' Do I need to send another email acknowledging it?

Coupon-mad

You don't acknowledge the debt, you DENY it and tell any PPC/solicitor at LBC stage that you are 'seeking debt advice' and so they must put the case on hold for 30 days.

zixxty

After a full day of research, letter writing, emails and website trawling I think I'm getting my head around this. So..

My SAR request was DENIED three times by Llawnroc. They refused on the grounds that I hadn't provided the PCN number or the VRN and stated that I need to fill out their SAR form. I replied stating that my request for information is relating to me personally, not just in relation to one particular vehicle or invoice and so the SAR is still valid and also that SAR requests can be made in any format as per the ICOs guidance and filling out their form is not a requirement under GDPR.

They denied a second time here but slipped up by saying that the account is being managed by BW Legal and the debt in fact belongs to get this.. MIL Collections. So in their haste to reply they've divulged that they have passed on my information to MIL! This also means that they had access to my information without giving them the VRN or invoice reference and that they could have complied with the SAR in the first place. Whoops.

Following this I have made a strongly worded complaint to the ICO with evidence attached. I will be complaining to the IPC but the IPC state on their website that a formal complaint must be made to the operator before they will look at any complaints. So there is tomorrows job.

Its been a long day but I must say, this has given me a bit of confidence. Thanks again you wonderful people for the assistance!

Coupon-mad

You are in a position to raise a counter claim for misuse and wrongful selling of your data to MIL, wrongful refusal of a SAR, and breach of the Consumer Rights Act 2015 in terms of fairness, transparency, and complying with requirements of the trade body and authorities like the DVLA KADOE contract (which forbids selling data to the likes of MIL).

If I were in your shoes I would take a punt (costs only £60 in court fees) for, say, £750 as a counter claim, when the inevitable doomed PPC claim arrives. We can help you write one - for inspiration, Google Henry Hippo pepipoo and find his successful UKPC counter claim for compensation for breach of data, that I helped to write a couple of years ago.

What fun if you get £750 or whatever the court awards, and see off their claim.

zixxty

I would be more than happy to pursue that! My only issue is that them stating MIL as the 'owners of the debt' may not yet be enough to prove they sold the debt and indeed my data to them. I'm hoping that once they send the email chain to BW as they threatened (lol) they will be forced to comply with the SAR and give me concrete evidence that they did just that. Once they do that I will issue a SAR to MIL to 100% confirm that they have my data and then that is my case pretty much wrapped. I will keep this thread updated, but for now I must rest my weary legal-filled mind!