Multiple Parking fines - NCP / Trace debt recovery and BW Legal

Ralph-y

you couldn't make this stuff up ...

Ralph

Le_Kirk

nosferatu1001 said:

So theyve confirmed this is legal fees
Legal fees are disallwoed in small claims
Thats an additional point. 

It's not even a legal fee, it's a service fee - it's double recovery by any other name!

hayd555

Thanks both, whats best wording to go back to them with? 

Redx

DDJ Harvey deal with the issues specific to the case, he also takes a sideswipe at the parking industry, and the solicitors who do their dirty work, in general.

the Transcript in the coupon mad thread demolishes their arguments and says why, plus he sided with Judge Grand on this

https://forums.moneysavingexpert.com/discussion/6136572/one-parking-solution-warned-by-a-judge-that-they-may-face-an-application-for-a-civil-restraint-order/p1

it can be used by people against any parking firm and should be referred to as One Parking Solution v Ms W - claim number F0HM9E9Z (Lewes County Court, 5/2/2020)

seeing as B W LEGAL use a similar model its clear they are out of order too and tell them you will submit that transcript as part of your defence to any court claims , despite it not being a precedent

beamerguy

hayd555 said:

Update from BW Legal:

Good Afternoon

Thank you for your email, the contents of which have been noted on file.

Please be advised, our Cient has not instructed us to add any amount to the balance other than our service fee for dealing with the matter.

The original balance was £100.0 but as you failed to accept this balance the matter was transferred to us and our fee of £60.00 has been added.

Our position remains the same.

Should you wish to discuss this matter further, please contact our office on 0113 487 0432.

Kind Regards,

bwlegal

Dear Sirs,

I refer to your letter dated xxx
I asked you if your client added the amount of £60 or Bwlegal ??    You contradict yourself ? Why is that ?
You firstly say that your client did not instruct you, and then say other than a service fee.
Your client will be well aware that this is against POFA2012 and the ruling of the Supreme Court. I am sure you are being told this all the time so there is no need to explain further.but suffice to say that the courts refer to this as abuse of process ?  More so, this is a blatant attempt of double recovery which is against the courts ruling.
At this point you may well wish to refer back to your client for clarification as your letter and this letter will be shown to the court and I will be asking the court to strike out your claim as abuse of process. 

As clearly this will be very difficult for you, you should now discontinue your claim and bear your own costs. In turn, I will not claim costs against your clients unless of course this proceeds to court.
May I take this opportunity to remind you of the new Civil Procedure Rules, especially regarding your claim of a "service fee"

You must now respond within 7 days

Yours faithfully,

hayd555

beamerguy said:

hayd555 said:

Update from BW Legal:

Good Afternoon

Thank you for your email, the contents of which have been noted on file.

Please be advised, our Cient has not instructed us to add any amount to the balance other than our service fee for dealing with the matter.

The original balance was £100.0 but as you failed to accept this balance the matter was transferred to us and our fee of £60.00 has been added.

Our position remains the same.

Should you wish to discuss this matter further, please contact our office on 0113 487 0432.

Kind Regards,

bwlegal

Dear Sirs,

I refer to your letter dated xxx
I asked you if your client added the amount of £60 or Bwlegal ??    You contradict yourself ? Why is that ?
You firstly say that your client did not instruct you, and then say other than a service fee.
Your client will be well aware that this is against POFA2012 and the ruling of the Supreme Court. I am sure you are being told this all the time so there is no need to explain further.but suffice to say that the courts refer to this as abuse of process ?  More so, this is a blatant attempt of double recovery which is against the courts ruling.
At this point you may well wish to refer back to your client for clarification as your letter and this letter will be shown to the court and I will be asking the court to strike out your claim as abuse of process. 

As clearly this will be very difficult for you, you should now discontinue your claim and bear your own costs. In turn, I will not claim costs against your clients unless of course this proceeds to court.
May I take this opportunity to remind you of the new Civil Procedure Rules, especially regarding your claim of a "service fee"

You must now respond within 7 days

Yours faithfully,

Thank you much Beamer I have taken that to them! appreciate all your help in all of this, They have truly set them selves up for failure to contradict what I have in paper as to what the email response says 

beamerguy

hayd555 said:

beamerguy said:

hayd555 said:

Update from BW Legal:

Good Afternoon

Thank you for your email, the contents of which have been noted on file.

Please be advised, our Cient has not instructed us to add any amount to the balance other than our service fee for dealing with the matter.

The original balance was £100.0 but as you failed to accept this balance the matter was transferred to us and our fee of £60.00 has been added.

Our position remains the same.

Should you wish to discuss this matter further, please contact our office on 0113 487 0432.

Kind Regards,

bwlegal

Dear Sirs,

I refer to your letter dated xxx
I asked you if your client added the amount of £60 or Bwlegal ??    You contradict yourself ? Why is that ?
You firstly say that your client did not instruct you, and then say other than a service fee.
Your client will be well aware that this is against POFA2012 and the ruling of the Supreme Court. I am sure you are being told this all the time so there is no need to explain further.but suffice to say that the courts refer to this as abuse of process ?  More so, this is a blatant attempt of double recovery which is against the courts ruling.
At this point you may well wish to refer back to your client for clarification as your letter and this letter will be shown to the court and I will be asking the court to strike out your claim as abuse of process. 

As clearly this will be very difficult for you, you should now discontinue your claim and bear your own costs. In turn, I will not claim costs against your clients unless of course this proceeds to court.
May I take this opportunity to remind you of the new Civil Procedure Rules, especially regarding your claim of a "service fee"

You must now respond within 7 days

Yours faithfully,

Thank you much Beamer I have taken that to them! appreciate all your help in all of this, They have truly set them selves up for failure to contradict what I have in paper as to what the email response says 

Let us know their reply.   A "service fee" is a new one to add to their other nonsensical reasons for adding a fake £60.

nosferatu1001

A service fee bya  firm of solicitors, is definitely a legal fee...

beamerguy

nosferatu1001 said:

A service fee bya  firm of solicitors, is definitely a legal fee...

HA as we know already, BWL do get very confused with words ?

MothballsWallet

beamerguy said:

nosferatu1001 said:

A service fee bya  firm of solicitors, is definitely a legal fee...

HA as we know already, BWL do get very confused with words ?

Especially words with more than 1 syllable in them :whistle: