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BWLEGAL --- THE SCAM
beamerguy
Posts: 17,587 Forumite
PLEASE READ this thread first if you are sending letters to PPC's and legals
https://forums.moneysavingexpert.com/discussion/6164737/letters-to-ppcs-and-and-so-called-legals/p1?new=1
=================================================
This thread is added to the Abuse Of Process thread PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
==================================================
BWLEGAL --- THE SCAM ?
We see yet another spanking for BWLegal in Luton County Court
CLAIM NUMBER F0DP77KP
BRITANNIA PARKING , CLAIM ISSUED BY BWLEGAL. LUTON COUNTY COURT
CASE STRUCK OUT FOR ABUSE OF PROCESS 13th March 2020
https://forums.moneysavingexpert.com/discussion/6082895/court-claim-received-britannia-bw-legal/p1
THE REASON GIVEN
The claim contains a substantial charge additional to the Parking charge which it is alleged that the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Act 2012 schedule 4, nor with reference to the judgement in Parking Eye v Beavis, which expressly approved because it included costs of administration. Additionally, S71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision of additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the act. It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover
This is the same as coupon-mad described/explained when she went to the Southampton appeal of BWLEGAL where BWLegal LOST along side their Barrister ?
This constant abuse by BWLegal and the other legals who thrive on scamming, is now getting very close to fraud
=============================================================
A SUITABLE REPLY TO SCAMMERS who are claiming fake amounts, £60 or more.
This is mainly applicable to the dodgy legals who think they know better than the courts.
You can of course send this to the stupid debt collectors like DRP, but as they are brain dead, it will probably go over their heads.
You can adapt this letter to suit your own circumstances. Where you see XXX you replace that with "your letter" or "Your letter before claim" etc. I suggest you email the letter. NEVER PHONE THEM.
=============================================================
Dear Sirs,
I refer to XXX dated XXX I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £60 to your claim. You clearly already know that this is Abuse of Process and in a recent claim made by BWLegal in Luton County Court, claim number F0DP77KP, the judge gave his reason for striking out the claim is as follows:-
The claim contains a substantial charge additional to the Parking charge which it is alleged that the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Act 2012 schedule 4, nor with reference to the judgement in Parking Eye v Beavis, which expressly approved because it included costs of administration. Additionally, S71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision of additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the act. It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover
As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you again on what LEGAL AUTHORITY do you have to add £60 to your claim ? Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it.
This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs. In turn, I will not claim costs against your client.
Please reply within 7 days from the date of this email with your intentions
Yours faithfully
============================================================
They will either reply with a fantasy response which they will know will make a judge bring out the famous whip again. Or, they ignore you which is just as good because you can prove you tried to settle the matter and they ignored you which puts in doubt the reliability of their Witness statement and claim
It is suggested that you send a copy of this to the SRA
=============================================================
A REPLY FOR GLADSTONES CLAIMS
Dear Sirs,
I refer to XXX dated XXX I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £60 to your claim. You clearly already know that this is Abuse of Process and in a recent claim made by Gladstones in Worthing County Court, Claim number F0GF1K4A , D.J.Harvey clearly said .... this was ABUSE OF PROCESS and adding ....
"Deliberate attempt to mislead the court"
"In contempt of court"
"Cut and paste witness statement with no attempt to address the defence"
It was noted that you did not represent yourself in court and Judge Harvey awarded £293.02 costs against you.
There are many other cases dismissed for Abuse of process and here we are again, Gladstones practicing abuse of process which you already know is unlawful.
As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you, on what LEGAL AUTHORITY do you have to add £60 to your claim ? Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it.
This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs. In turn, I will not claim costs against your client.
Please reply within 7 days from the date of this email with your intentions
Yours faithfully
https://forums.moneysavingexpert.com/discussion/6164737/letters-to-ppcs-and-and-so-called-legals/p1?new=1
=================================================
This thread is added to the Abuse Of Process thread PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
==================================================
BWLEGAL --- THE SCAM ?
We see yet another spanking for BWLegal in Luton County Court
CLAIM NUMBER F0DP77KP
BRITANNIA PARKING , CLAIM ISSUED BY BWLEGAL. LUTON COUNTY COURT
CASE STRUCK OUT FOR ABUSE OF PROCESS 13th March 2020
https://forums.moneysavingexpert.com/discussion/6082895/court-claim-received-britannia-bw-legal/p1
THE REASON GIVEN
The claim contains a substantial charge additional to the Parking charge which it is alleged that the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Act 2012 schedule 4, nor with reference to the judgement in Parking Eye v Beavis, which expressly approved because it included costs of administration. Additionally, S71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision of additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the act. It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover
This is the same as coupon-mad described/explained when she went to the Southampton appeal of BWLEGAL where BWLegal LOST along side their Barrister ?
This constant abuse by BWLegal and the other legals who thrive on scamming, is now getting very close to fraud
=============================================================
A SUITABLE REPLY TO SCAMMERS who are claiming fake amounts, £60 or more.
This is mainly applicable to the dodgy legals who think they know better than the courts.
You can of course send this to the stupid debt collectors like DRP, but as they are brain dead, it will probably go over their heads.
You can adapt this letter to suit your own circumstances. Where you see XXX you replace that with "your letter" or "Your letter before claim" etc. I suggest you email the letter. NEVER PHONE THEM.
=============================================================
Dear Sirs,
I refer to XXX dated XXX I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £60 to your claim. You clearly already know that this is Abuse of Process and in a recent claim made by BWLegal in Luton County Court, claim number F0DP77KP, the judge gave his reason for striking out the claim is as follows:-
The claim contains a substantial charge additional to the Parking charge which it is alleged that the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedom Act 2012 schedule 4, nor with reference to the judgement in Parking Eye v Beavis, which expressly approved because it included costs of administration. Additionally, S71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision of additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the act. It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover
As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you again on what LEGAL AUTHORITY do you have to add £60 to your claim ? Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it.
This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs. In turn, I will not claim costs against your client.
Please reply within 7 days from the date of this email with your intentions
Yours faithfully
============================================================
They will either reply with a fantasy response which they will know will make a judge bring out the famous whip again. Or, they ignore you which is just as good because you can prove you tried to settle the matter and they ignored you which puts in doubt the reliability of their Witness statement and claim
It is suggested that you send a copy of this to the SRA
=============================================================
A REPLY FOR GLADSTONES CLAIMS
Dear Sirs,
I refer to XXX dated XXX I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £60 to your claim. You clearly already know that this is Abuse of Process and in a recent claim made by Gladstones in Worthing County Court, Claim number F0GF1K4A , D.J.Harvey clearly said .... this was ABUSE OF PROCESS and adding ....
"Deliberate attempt to mislead the court"
"In contempt of court"
"Cut and paste witness statement with no attempt to address the defence"
It was noted that you did not represent yourself in court and Judge Harvey awarded £293.02 costs against you.
There are many other cases dismissed for Abuse of process and here we are again, Gladstones practicing abuse of process which you already know is unlawful.
As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you, on what LEGAL AUTHORITY do you have to add £60 to your claim ? Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it.
This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs. In turn, I will not claim costs against your client.
Please reply within 7 days from the date of this email with your intentions
Yours faithfully
7
Comments
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Hi, I'm new here and have been reading through the threads in regards to a final reminder letter from DCBL for an unpaid parking charge of £170. So from what I can gather I need to email DCBL stating that the £70 is abuse of process, though these letter templates above relate to different recovery firms (BWLegal and Glandstones).
Can I still use one of these templates to send to DCBL even though they mention cases involving different firms?
Thanks!0 -
Yes , just treat dcbl legal the same as b w legal or gallstones or any other dubious entity , the core issues are the same , no matter who sends them5
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They are all the same, they all add on fake amounts. Just adapt the letter to suit your circumstances and in your case DCBL.kendrick95 said:Hi, I'm new here and have been reading through the threads in regards to a final reminder letter from DCBL for an unpaid parking charge of £170. So from what I can gather I need to email DCBL stating that the £70 is abuse of process, though these letter templates above relate to different recovery firms (BWLegal and Glandstones).
Can I still use one of these templates to send to DCBL even though they mention cases involving different firms?
Thanks!
I can tell you, DCBL do not like these letters and are likely to respond in a very aggressive manner ? WHO CARES, they are the ones who added the fake amount, they are the ones who tainted their claim, and they are the ones who will get spanked in court2 -
You never know how far you can go until you go too far.1
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Hi, I'm wondering if it's still worth sending this letter if the PPC has already initiated court proceedings, and we are at the stage of preparing to submit a defence?0
-
you need to have a good read of post 2 of the newbies thread that has a complete run-through of court action with a template defence ...
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1
make sure you start at the first page not last
Ralph
2 -
What is the Issue Date on your County Court Claim Form?LordHorrendous said:...the PPC has already initiated court proceedings, and we are at the stage of preparing to submit a defence?2 -
YES ...... because they won't reply and will not explain their legal authority to add £60LordHorrendous said:Hi, I'm wondering if it's still worth sending this letter if the PPC has already initiated court proceedings, and we are at the stage of preparing to submit a defence?
Failure to do so can start the process of abuse of process and you can show the letter in court to alert the judge3 -
Issue date: 29/05, need to have defence in by 01/07. Have acknowledged service, read FAQ thread and hoping to post up a defence for critique tomorrow. Slightly cutting it close, but very limited with time at the moment so doing the best we can.KeithP said:
What is the Issue Date on your County Court Claim Form?LordHorrendous said:...the PPC has already initiated court proceedings, and we are at the stage of preparing to submit a defence?1 -
Yes, you are right with your target date.LordHorrendous said:
Issue date: 29/05, need to have defence in by 01/07. Have acknowledged service, read FAQ thread and hoping to post up a defence for critique tomorrow. Slightly cutting it close, but very limited with time at the moment so doing the best we can.KeithP said:
What is the Issue Date on your County Court Claim Form?LordHorrendous said:...the PPC has already initiated court proceedings, and we are at the stage of preparing to submit a defence?With a Claim Issue Date of 29th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 1st July 2020 to file your Defence.That's just over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.To create and file a Defence, look at the second post in the NEWBIES thread.Don't miss the deadline for filing a Defence.3
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