bwlegal - Limitation Act 1980 Query

ParkingMadd

Hello All,
Thank you for all the assistance provided on the Newbie FAQ's, it has been extremely helpful!
My partner received a Letter of Claim today from bwlegal. She had previously been using the militant approach to ignore and hope everything goes away, however in this instance I decided to take a look, as the letter appeared more than just the usual threats and it is indeed one that finally requires a response.
I was just about to about to press ahead with an SOR to Premier Parking Solutions when I noticed the dates involved. The Date of Contravention was the 22nd of November 2014, with the letter being sent dated the 11th of December 2020. I'm no expert, however to me that appears to contravene the Limitation Act 1980, in particular the following from section 5:
 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Am I right in thinking that I am best to reply to BW, informing them that the alleged 'debt' is over six years old and therefore barred?

I apologise in advance if I missed this in the FAQ's, any help provided would be very much appreciated. Happy to provide more detail if required.

Thanks

Coupon-mad

Am I right in thinking that I am best to reply to BW, informing them that the alleged 'debt' is over six years old and therefore barred?

Yep.  Tell them to cease and desist contacting you and not to reply telling you that despite the limitation period having expired their client is entitled to write anyway* because this is harassing and wasting your waste their time.  Any further contact will be harassment, which is actionable, so they must stop.


*BWLegal may try that reply - yawn...!

Curlyben

Yes indeedy.
Now it really depends on what BWL have to say.
Being statute barred doesn't mean the debt ceases to exist, merely not enforceable with court action, except Scotland.
Basically they can ask you to repay, but that's it.
Being statute barred is a complete defence for any action they may consider.

Personally, I'd hold fire till they get to the LBC stage, then give them the sad news.
This will ensure it's well and truly out of time

Umkomaas

They can continue to pursue an alleged debt until the end of time, but after 6 years they cannot pursue it through the courts. 

If they do issue proceedings the court may well spot the dates and refuse to issue.   You could write now to BWL to try to head them off. 

She had previously been using the militant ostrich approach to ignore and hope everything goes away,

I've edited that for you!

beamerguy

As above ....... this is just another example of the incompetence of this legal ?

Like all the legals who play musical chairs with parking tickets, they look no further than a robo claim where they should be consulting real legal independent advice.

When telling them to "bog off", warn them about further harassment

Premier Parking Solutions chasing an out of time 2014 ticket ... this must show the desperation to get money

Coupon-mad

Premier Parking Solutions chasing an out of time 2014 ticket ... this must show the desperation to get money

The sad thing is, plenty of people will pay. 

Imagine getting a law degree then wasting it harassing people and actually thinking you are ''working'' for a robo-claim PCN debt legal firm.   Hopefully, 2021 will make this a thing of the past.

ParkingMadd

Thank you all so much, it's helped defuse a distressing situation when she opened the letter this morning. To be honest she didn't feel up to fighting through and may well have caved had I not come across your FAQ's.

For peace of mind I'll get her to reply to BWL, informing them to cease and desist with their proceedings to try and head them off. If their response is of any interest I'll post it back here.
Thanks again!!!

beamerguy

Coupon-mad said:

Premier Parking Solutions chasing an out of time 2014 ticket ... this must show the desperation to get money

The sad thing is, plenty of people will pay. 

YES, I would suggest the OP complains to the SRA and requests an investigation as to how many times BWLegal are doing this. The time has to come when the SRA understands about bad apples

Coupon-mad

Can you show us a photo of the letter?  Wondering if it threatens legal action.

beamerguy

ParkingMadd said:

For peace of mind I'll get her to reply to BWL, informing them to cease and desist with their proceedings to try and head them off. If their response is of any interest I'll post it back here.
Thanks again!!!

It's not a case of heading them off ...... it's more of a case of warning them ..... not to be so stupid and don't do it again

wannadancewithsomebody

they can send letters for ever and ever , nothing to stop them , as there is an aledged debt 
they can instigate a court case after 6 yrs , the judge may ask why? , all they have to do is answer correctly and case will commence , not all judges are clued up