Abuse of Process - BW LEGAL win Appeal against strike out

Snakes_Belly

This is just a thought.  When we are asked to comment on the new CoP we suggest that all debt collection agencies and firms are registered with the FCA and have to follow their rules. At present they appear to be lawless. I will stand corrected on this but my understanding is that a firm registered with the FCA would not be able to chase a disputed debt.

I had a run in with an energy supplier some years ago, It was regarding a house that I was getting ready for the rental market. I had advised the energy company of the new readings when I took possession of the house. When I received bills the energy company kept assessing bills on the previous occupant's consumption. This was a family with children. I was not living in the house and using very little energy. I kept asking them to adjust the bill and in the end they put the account in the hands of debt collectors. I went ape and the debt collection company referred the account back to the energy company as the debt was disputed.  I wrote to the CEO and I involved the Ombudsman. They ended up having to compensate me for their incompetence, etc. The point is that the debt is disputed and should not have gone into the hands of the debt collector. 

This industry is totally unregulated. They do what they like and if anyone kicks off they use the courts to do their dirty work. We all know that is a lottery. We must have more regulation. They cannot keep getting away with this. 

They might have won one battle. They have not won the war.

beamerguy

Half_way said:

As far as i know Websites for companies that make false claims ( for commercial gain) are governed by the advertising standards agency.

 If BWL are touting for business from the public, or other organisations then any false claims on their website should be reported as such

I think there are many things we can do. 
But looking at the BWL page, it's the same stuff they try to feed the public ?

Judges Taylor and Grand and all other judges will be disturbed at this.
Judge Parkes QC (according to BWL) said ..
"Beavis does not address the lawfulness of recovery charges"
Why would they ????  the case was only about the fairness of the parking charge. The SC DECLARED it was fair as the charge enabled/included the cost of recovery

WHAT PART OF THAT IS NOT UNDERSTOOD ?
Surely even Judge Parkes QC could understand that, it's very simple wording

The attack on Coupon-mad and Bargepole fits the unprofessional methods of BWL
They even highlight Trustpilot. If you have seen that, it's not just parking companies ? BWL deserve every comment made

I doubt we will hear from Coupon-mad and Bargepole for the moment

Snakes_Belly

No consideration is given as to whether the debtor is vulnerable or not. Some of the posters on this forum are posting on behalf of vulnerable relatives who have fallen foul of the parasites. If the debt collectors were registered under the FCA my understanding is that they would have to be very careful in the treatment of vulnerable people.

beamerguy

They might have won one battle. They have not won the war.

They have not won any battle if they are going to rely on a QC who erred

Snakes_Belly

Disputed debt

CONC 7.14.1R01/04/2014RP

1. (1) 

   A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

I would say that valid grounds would be a claim on a person who has the right to use a parking space as defined in their lease. How can that result in a debt? Any disputed debt in this scenario that has been passed to collection agents should be referred back to the PPC. Problem is that they are not accountable and they should be.  

Snakes_Belly

Complaining to the Financial Conduct Authority (FCA)

The FCA has rules and guidance about debt collection. Although the FCA cannot take up your individual case, they can refuse or revoke the firm's authorisation or, for example, fine the firm. It may be worth reminding the creditor that breaching the rules could affect their FCA authorisation.

More about the FCA rules and guidance on debt collection in the FCA's Consumer Credit Sourcebook at www.fca.org.uk.

If these collection agents had to be authorised by the FCA by law before they could operate then the public would have much more recourse and could get them shut down or fined. They would have to check first if a debtor was from a vulnerable category. This would really clip their wings.

Some of the letters that they send out leave much to be desired. Threatening court action, CCJ's bailiffs etc. which could tip a vulnerable person over the edge. 

Umkomaas

Roxburghe Debt Collectors majored on private parking debt chasing, and were closed down because of their practices. Guess what?  They simply reinvented themselves. Welcome ZZPS!  

Where there's a trough, there's a pig!

beamerguy

Maybe a good idea for BWLegal to change their name.  They have damaged themselves over the last few years, the internet is full of their rubbish and they wonder why people bad mouth them.
Trustpilot says it all ..https://uk.trustpilot.com/review/bwlegal.co.uk

Their personal attack on Coupon-mad is so childish.  Let's face it, the laws around parking are not that complicated .... why do BWLegal keep getting it wrong ??? 

For those reading this thread, IGNORE the propaganda by BWLegal regarding Coupon-mad. She is no doubt smarter than BWL and you can safely trust her and you don't need to have legal qualifications to beat BWLegal. It is very clear that BWLegal are very scared of this forum

Snakes_Belly

If the likes of BW Legal were required  to have FCA authorisation before they could operate they would have to clean up their act or be fined or shut down.  If I get the opportunity to comment on the requirements of the new CoP this will be one of my comments.

To be honest after looking at some of the reviews regulation would see them off.  

Snakes_Belly

Umkomaas said:

Roxburghe Debt Collectors majored on private parking debt chasing, and were closed down because of their practices. Guess what?  They simply reinvented themselves. Welcome ZZPS!  

Where there's a trough, there's a pig!

SRS (aka Mr Clampit)  had to clean up his act somewhat.  I think that he was involved in an altercation with someone he had clamped during his clamping days.