BW Legal Application to have judge's struck out decision set aside - what happens next?

henrik777

Coupon-mad said:

You just need to read the thread about the Southampton case and copy what I said there. I talked about the POFA, the CRA 2016 and the Beavis case paras 98, 193 and 198.

and send a skeleton argument that also includes the wording from ParkingEye v Somerfield (High Court, endorsed by the Court of Appeal) that already covers the fact that £60 being added to a parking charge is unrecoverable. And append this (attached) copy of all the similar strike outs to show that Napier know that adding £60 is not recoverable and that they are just 'forum-shopping'.

Then attend the telecon, with or without a lay rep to speak for you.

Which court will it be at? Send me a pm and we'll see if someone can assist you.

If anyone has the no win no fee stuff that'd be the cherry on top.

Coupon-mad

I have it from DRP.

Snakes_Belly

Coupon-mad said:

I have it from DRP.

I have it from DRP also the LBC from Excel which states specifically that the £60.00 is for debt collection charges. I have also the letters from DRP.  Interest is also added onto this fake charge at much higher than base rate. Difficult to tell how they work out the interest. In cases that Excel and VCS resurrect after five years or so that interest figure must be high. 

I have sent copies to my MP and to RJ in an email. 

Slightly off piste there is a complaint to the Ombudsman from Ms B about BW Legal which is worth a read. BW tried to refute the claim on grounds of discrimination against their staff. Ombudsman was having none of it. It's priceless.   

nosferatu1001

8% is the approved rate. Never question this rate
Of course you can question the calculation, as they will have charged 8% from day 0 when of course this isnt when interest could be due. 

Snakes_Belly

nosferatu1001 said:

8% is the approved rate. Never question this rate
Of course you can question the calculation, as they will have charged 8% from day 0 when of course this isnt when interest could be due. 

Over a number of years that will mount up. Fortunately the Excel and VCS old cases have either discontinued or been won by the defendant on this forum. Makes you think though how much is paid to the PPC's by people who just pay up.

DoaM

nosferatu1001 said:

8% is the approved rate. Never question this rate
Of course you can question the calculation, as they will have charged 8% from day 0 when of course this isnt when interest could be due. 

8% + the BoE base rate, actually. (Although the base rate is only 0.1% so it makes no odds really).

Snakes_Belly

When the PPC's decide to dig out their old cases some of these are five years old. 8% of £60.00 over 5 years is another £24.00 (not compounded) £4.80 per year on just the fake charge. Not only are they adding on charges that they don't pay but they are charging 8% pa on top.

DoaM

That's another abuse of process ... they've allowed the debt to sit for that period of time therefore they're not allowed to charge interest for that full period - they could have pursued the alleged debt much sooner. This applies equally to the PCN value as it does the non-contractual debt collection charge.

D_P_Dance

If they are overcharging interest surely this is a matter for trading standards.

nosferatu1001

Caution - thats a grey area
Given the limitations act gives them 6 years to pursue the charge, its hard to say they should take action immediately.