We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

BWLegal Particulars of Claim now come with 11 paras of Debt Recovery Cost Justificatition

24

Comments

  • Umkomaas
    Umkomaas Posts: 44,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here you go:


    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 26,489 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Timeouts said:
    oh boy ....... seems like BWLegal have a new script writer ?   has this person been surfing the internet ? with reference to "Debt Recovery Costs act " ??? 
    ...... or maybe they have been copying things from the Internet, which as we all know (according to many PPCs) that makes defences invalid!
  • Le_Kirk said:
    Timeouts said:
    oh boy ....... seems like BWLegal have a new script writer ?   has this person been surfing the internet ? with reference to "Debt Recovery Costs act " ??? 
    ...... or maybe they have been copying things from the Internet, which as we all know (according to many PPCs) that makes defences invalid!
    Not forgetting the robo claims boys who bluff and bluster with nonsense and in the end have to rely on a judge which is not favourable for them.
    There is more intelligence on this forum than the lot of them put together

    Maybe we should refer to them as a "Boris"
  • henrik777 said:
    Get a hold of the "no win no fee" evidence and then use that to batter them.
    "May incur costs" but they don't as it's no win no fee.
    Job done.
    In the material from my SAR, the PCo show the debt recovery cost as £50.00. I had assumed the difference was VAT, but am I now right to infer that the missing £10.00 is the win fee for  Zenith/Gladstones/.... etc
    How's this in teh absence of the wayback machine working?

    1.      The Debt Recovery Cost has been applied to the Defendants debt since at least 26/03/2019. In the information provided by the Claimant following a Subject Access Request (appendix 3), the cost is listed as a ‘Debt Recovery Charge’ of £50.00.

     2.      From this point the Defendant received a number of pro-forma letters demanding payment from a succession of debt recovery companies for £160.00.

     3.      It is the Defendant’s contention that the £10.00 variance is the ‘win fee’ that the debt recovery companies would receive if the debt had been settled.

    4.      In the Claimant’s Particulars para 20. the Claimant argues that they ‘would necessarily incur further expenditure by having to instruct agents’. It is known that Debt Recovery Plus a sister company of many of the Debt Recovery companies that operate in this sphere, including Zenith Collections who were initially assigned this debt, has operated on a no win no fee basis.


  • Castle
    Castle Posts: 5,096 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas said:
    There's no VAT anywhere in this game. 
    No quite-Debt Recovery Plus has to charge VAT @ 20% on the "win" fees it charges to the Parking Company.
     

  • Umkomaas
    Umkomaas Posts: 44,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Castle said:
    Umkomaas said:
    There's no VAT anywhere in this game. 
    No quite-Debt Recovery Plus has to charge VAT @ 20% on the "win" fees it charges to the Parking Company.
    £50 + VAT (=£60) or £60 + VAT?  All potentially recoverable by PPCs if VAT-rated. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • henrik777 said:
    Get a hold of the "no win no fee" evidence and then use that to batter them.
    "May incur costs" but they don't as it's no win no fee.
    Job done.
    In the material from my SAR, the PCo show the debt recovery cost as £50.00. I had assumed the difference was VAT, but am I now right to infer that the missing £10.00 is the win fee for  Zenith/Gladstones/.... etc

    Hows this given that the wayback machine is broke today?

    1.      The Debt Recovery Cost has been applied to the Defendants debt since at least 26/03/2019. In the information provided by the Claimant following a Subject Access Request (appendix 3), the cost is listed as a ‘Debt Recovery Charge’ of £50.00.

     2.      From this point the Defendant received a number of pro-forma letters demanding payment from a succession of debt recovery companies for £160.00.

     3.      It is the Defendant’s contention that the £10.00 variance is the ‘win fee’ that the debt recovery companies would receive if the debt had been settled.

     4.      In the Claimant’s Particulars para 20. the Claimant argues that they ‘would necessarily incur further expenditure by having to instruct agents’. It is known that Debt Recovery Plus a sister company of many of the Debt Recovery companies that operate in this sphere, including Zenith Collections who were initially assigned this debt, has operated on a no win no fee basis.


  • I have no problem opening on my desktop  -  are you using a phone?

    Anyway Umkomaas has posted - above - a copy.
  • Castle
    Castle Posts: 5,096 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas said:
    Castle said:
    Umkomaas said:
    There's no VAT anywhere in this game. 
    No quite-Debt Recovery Plus has to charge VAT @ 20% on the "win" fees it charges to the Parking Company.
    £50 + VAT (=£60) or £60 + VAT?  All potentially recoverable by PPCs if VAT-rated. 
    Unless the PPC pays VAT on the PCN's which are paid, it can't reclaim the VAT. Therefore, it will simply add £60 to the PCN as the £10 VAT is an unrecoverable cost.




  • Castle
    Castle Posts: 5,096 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    henrik777 said:
    Get a hold of the "no win no fee" evidence and then use that to batter them.
    "May incur costs" but they don't as it's no win no fee.
    Job done.
    In the material from my SAR, the PCo show the debt recovery cost as £50.00. I had assumed the difference was VAT, but am I now right to infer that the missing £10.00 is the win fee for  Zenith/Gladstones/.... etc

    Hows this given that the wayback machine is broke today?

     4.      In the Claimant’s Particulars para 20. the Claimant argues that they ‘would necessarily incur further expenditure by having to instruct agents’. It is known that Debt Recovery Plus a sister company of many of the Debt Recovery companies that operate in this sphere, including Zenith Collections who were initially assigned this debt, has operated on a no win no fee basis.


    Zenith Collections is simply a trading name of Debt Recovery Plus Ltd; it's the same company!
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 262K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.