bwlegal - Limitation Act 1980 Query

1505grandad

Presumably the ppc instructed BWL so perhaps a complaint to IPC  -  as they are AoS members now  -  re sanctionable breach of CoP:-

"PART E 

A ‘serious’ breach of the Code occurs when a member’s actions are such that there is a

material and wilful failure to adhere to the relevant statutory or legal requirements, or if an

operator acts illegally.

A ‘minor’ breach of the Code occurs where there is an administrative or unintentional

failure to adhere to the relevant statutory or legal requirements, or, if there is some other

unintentional breach of the Code of Practice."

Coupon-mad

Are BW Legal AOS members or Accredited Service Providers?  Does the latter have to abide by the code?  

The latter (so-called ASPs) need to be weeded out of the sector entirely and chucked in the gutter, to reduce the court claim drive.

beamerguy

Good news, I have been under the impression for a long time that BWLegal know little or nothing apart from being bullies, sending out nonsensical letters and very dodgy claims which are not thought out

They are out of their depth in the parking industry and should return to chasing proven debts like gas bills and basic mediocre stuff

BrownTrout

Coupon-mad said:

Are BW Legal AOS members or Accredited Service Providers?  Does the latter have to abide by the code?  

The latter (so-called ASPs) need to be weeded out of the sector entirely and chucked in the gutter, to reduce the court claim drive.

lots of "debt Solicitors" try and issue claims for debts well past their 6 years , seems to be very common practice

Snakes_Belly

BrownTrout said:

Coupon-mad said:

Are BW Legal AOS members or Accredited Service Providers?  Does the latter have to abide by the code?  

The latter (so-called ASPs) need to be weeded out of the sector entirely and chucked in the gutter, to reduce the court claim drive.

lots of "debt Solicitors" try and issue claims for debts well past their 6 years , seems to be very common practice

They could ask for payment of the debt but should they be threatening court action? This is where it becomes very shady.

beamerguy

Snakes_Belly said:

BrownTrout said:

Coupon-mad said:

Are BW Legal AOS members or Accredited Service Providers?  Does the latter have to abide by the code?  

The latter (so-called ASPs) need to be weeded out of the sector entirely and chucked in the gutter, to reduce the court claim drive.

lots of "debt Solicitors" try and issue claims for debts well past their 6 years , seems to be very common practice

They could ask for payment of the debt but should they be threatening court action? This is where it becomes very shady.

There is the famous two word expression available to everyone

BWL knew what they are doing .... their reply being >>> now consider the matter closed.
If BWL do this wheeze again they must be reported
As desperation sets in for parking companies, so desperation sets in for the legals. 

I have put this thread in the "abuse of process" thread for easy reference
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Snakes_Belly

"If BWL do this wheeze again they must be reported" 

They have Beamer. See the thread "7 year old parking ticket". That is just posters who find this forum. There are probably many others who just pay up at the mention of court. 

https://forums.moneysavingexpert.com/discussion/6232334/7-year-old-parking-ticket#latest

Curlyben

In the UK, but not Scotland, Debt collectors can and do request payment of 6+ year old debts and people can choose to pay them as they see fit. However no legal action can be taken to enforce such debts under s5 of Limitations Act, which offer a full defence to such action.
Scotland is slightly different as the debt ceases to exist after 5 years

the Prescription and Limitation (Scotland) Act 1973 (the 1973 Act) specifies a five year prescription period from the date on which loss, injury or damage occurred, unless (in accordance with section 11 (3) of the 1973 Act) the potential pursuer [claimant] is not aware, or could not with reasonable diligence have been aware, that loss injury or damage has been caused, in which case the period starts to run on the date when it first became so aware..

beamerguy

Snakes_Belly said:

"If BWL do this wheeze again they must be reported" 

They have Beamer. See the thread "7 year old parking ticket". That is just posters who find this forum. There are probably many others who just pay up at the mention of court. 

https://forums.moneysavingexpert.com/discussion/6232334/7-year-old-parking-ticket#latest

The SRA are similar to the BPA and we know how the protection society works don't we.

This has to go to government level, they make the laws

D_P_Dance

The SRA are similar to the BPA 

Yes, but the SRA do strike off a lot of dodgy solicitors, especially where dishonesty is involved. 

https://www.sra.org.uk/consumers/solicitor-check/recent-decisions/

https://www.lawgazette.co.uk/practice/sdt-and-sra-interventions