Brittania parking/BW legal taking me to court

bluegoldie

beamerguy said:

bluegoldie said:

Umkomaas said:

bluegoldie said:

Coupon-mad said:

More needs to be done to regulate them ! 

It is being done.

I hope so soon! 

Some of us have put a lot of our lives into it!  Words come easy, actions take much more. 

And I for one am very greatful right now! Frustrating for you guys and very scary for the lay person like myself; I have never had to go to court before so to have to go and defend myself is literally terrifying! Life is hard enough these days 

So you now know that the Gladstones letter is just a debt crawler ?
A real letter before claim must give you 30 days

It may come of a surprise to you but you and this forum are far smarter than Gladstones.

If it comes to a court claim, by then you will have the perfect defence ready with the help of the forum.  Are Gladstones good in court = NO, they use "rent by the hour" legals who are normally clueless and useless.  Mind you, they often don't turn up at all or they discontinue before the court date because they know their case is rubbish.   Couple that with courts dismissing their claims for fakery, you would have a most enjoyable time

I really hope you're right! I have enough on my plate with BW legal; just feel that maybe Gladstones are trying to cash in as I have literally heard nothing about this invoice for 2 years (I have none of the correspondence either) So an SAR will have to go in.

I can't thank you all enough as I have literally been stressing myself right other with it all! 

bluegoldie

I've had ano actual response from BWL lol!!! In response to the email I shouldn't have sent from some paralegal in the team; here goes 

I write in reference to your email dated 15 February 2021.

 

We note your comments that you have raised a Subject Access Request (SAR) with our client, it is important to note that a SAR does not affect the validity of our client’s Claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further legal action unless we are instructed to do so by our client.

 

We kindly request that you get in contact with us on 0113 487 0430 within 14 days from the date of this email to arrange a suitable payment arrangement for the outstanding balance of £238.48. If no contact is received, we will be at liberty to enter a County Court Judgment (CCJ) against you, for the balance outstanding

Why do they think I will have a CCJ? Am I right in thinking that even if I did lose if I paid the outstanding money in 30 days I would not get one?? 

Fruitcake

bluegoldie said:

I've had ano actual response from BWL lol!!! In response to the email I shouldn't have sent from some paralegal in the team; here goes 

I write in reference to your email dated 15 February 2021.

 

We note your comments that you have raised a Subject Access Request (SAR) with our client, it is important to note that a SAR does not affect the validity of our client’s Claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further legal action unless we are instructed to do so by our client.

 

We kindly request that you get in contact with us on 0113 487 0430 within 14 days from the date of this email to arrange a suitable payment arrangement for the outstanding balance of £238.48. If no contact is received, we will be at liberty to enter a County Court Judgment (CCJ) against you, for the balance outstanding

Why do they think I will have a CCJ? Am I right in thinking that even if I did lose if I paid the outstanding money in 30 days I would not get one?? 

They say these things to frighten people in the hope they will pay up.
Yes you are correct in your assumptions

bluegoldie

Fruitcake said:

bluegoldie said:

I've had ano actual response from BWL lol!!! In response to the email I shouldn't have sent from some paralegal in the team; here goes 

I write in reference to your email dated 15 February 2021.

 

We note your comments that you have raised a Subject Access Request (SAR) with our client, it is important to note that a SAR does not affect the validity of our client’s Claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further legal action unless we are instructed to do so by our client.

 

We kindly request that you get in contact with us on 0113 487 0430 within 14 days from the date of this email to arrange a suitable payment arrangement for the outstanding balance of £238.48. If no contact is received, we will be at liberty to enter a County Court Judgment (CCJ) against you, for the balance outstanding

Why do they think I will have a CCJ? Am I right in thinking that even if I did lose if I paid the outstanding money in 30 days I would not get one?? 

They say these things to frighten people in the hope they will pay up.
Yes you are correct in your assumptions

Thank you! May seem like a silly question but they have said I would incur extra legal costs which I would be liable for; would these be expected to be paid in the 30 days too? Or just the amount that they are claiming? 

nosferatu1001

That email is misleading
Unless there is a live claim, then there is no ability for them to "enter a CCJ"., I woudl complain to trading standards

bluegoldie

nosferatu1001 said:

That email is misleading
Unless there is a live claim, then there is no ability for them to "enter a CCJ"., I woudl complain to trading standards

They recently sent me a letter to the same effect! As well as breaching the FCA code of practice they claim to operate by. 
I made an appeal to them under section 7 of the FCA code, it basically went unanswered besides some rubbish about me requesting the original letter. I was tempted to report to the financial ombudsman but they advise to deal with the companies internal complaints department first; I'm a bit worried this could hamper my case?! 

nosferatu1001

Why would a COMPLAINT possibly harm you? 

bluegoldie

nosferatu1001 said:

Why would a COMPLAINT possibly harm you? 

I'm just worried that I would be playing my defence card to them?! The main basis of my defence is the fact that they have failed to aknowledge my request for the "debt" to be investigated and my liability proven. I just don't want to give the snakes the opportunity to come up with some BS story; although I gave them 28 days  (which was the FCA standard) to aknowledge my dispute, it's been 3 months and all I've had is a summons to court.

Le_Kirk

bluegoldie said:

nosferatu1001 said:

Why would a COMPLAINT possibly harm you? 

I'm just worried that I would be playing my defence card to them?! The main basis of my defence is the fact that they have failed to aknowledge my request for the "debt" to be investigated and my liability proven. I just don't want to give the snakes the opportunity to come up with some BS story; although I gave them 28 days  (which was the FCA standard) to aknowledge my dispute, it's been 3 months and all I've had is a summons to court.

Are you sure it was a summons? You don't get those for civil claims.  Did you mean a court claim?

Umkomaas

I'm just worried that I would be playing my defence card to them?

In a small claims court case you have to reveal your Defence to them within a month of filing the claim. You can't keep any surprises up your sleeve to hit them with at a hearing. There are no 'gotchas' in the small claims court.