BW legal

User0321

Hello all,

My 2 most recent letters are attached.





Received a parking ticket around 3 years from Norwich Traffic Control Limited, been receiving letters from BW legal for the past year or so, my recent letter is saying i have 2 weeks to pay if not i get a CCJ.

It was £45 if payed within 14days or £90 within 28 or something like that, but this BW legal letter says i owe £230.

I read some things online saying companies like BW are only buying the debt and i dont owe them anything.

any advise will be appreciated.

Thanks

Le_Kirk

You need to urgently find that County Court Claim form and deal with it else you will have a judgment in default against you.  Advice to be found in second post of the NEWBIE: -
https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
When you find the claim form please tell us the date of issue of the form.

User0321

Le_Kirk said:

You need to urgently find that County Court Claim form and deal with it else you will have a judgment in default against you.  Advice to be found in second post of the NEWBIE: -
https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
When you find the claim form please tell us the date of issue of the form.

i cant recall receiving a claim form if i did i cant find it, what are my options?

KeithP

User0321 said:

Le_Kirk said:

You need to urgently find that County Court Claim form and deal with it else you will have a judgment in default against you.  Advice to be found in second post of the NEWBIE: -
https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
When you find the claim form please tell us the date of issue of the form.

i cant recall receiving a claim form if i did i cant find it, what are my options?

If you can't find the form then you have no options.
Sit back and await your fate.

Sorry for being blunt, but surely receiving a County Court Claim Form is an unusual event in most households, yet you cannot even remember whether you received one or not?

'companies like BW' don't buy debts. The seek recovery of alleged debts on behalf of the Claimant.

User0321

sorry im not sure what stage i am at, do i do the MCOL/AOS thing? my latest letter says i have a final offer of 40 a month or on the 24/03 my CCJ will be entered 

KeithP

You cannot "do the MCOL/AOS thing" unless you know the Claim Number. That will be on the County Court Claim Form you received, at a guess, a couple of weeks ago.

Trainerman

The letter clearly says that County Court proceedings were started and you neither responded nor defended. I think you need to speak to the Court urgently. If you were lucky perhaps you could rush a defence, though @KeithP will know better than I

User0321

i have a claim number on the BW legal letter

User0321

the 1st letter attached on the 1st paragraph i blanked it out, says 'county court claim........ under claim number ....'

KeithP

Trainerman said:

The letter clearly says that County Court proceedings were started and you neither responded nor defended. I think you need to speak to the Court urgently. If you were lucky perhaps you could rush a defence, though @KeithP will know better than I

I agree, except for speaking to the court - too late for that.

You need to concentrate on filing a Defence.
The good news is that nothing untoward will happen between now and 8am tomorrow.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

D_P_Dance

It was £45 if payed within 14days or £90 within 28 or something like that, but this BW legal letter says i owe £230.

You owe nothing unless a judge says you, has the been to court?.

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

Consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions, which are nvariabky disallowed by the judge, yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

 do.