3 questions re: BW Legal claim

Ukay1

Thanks, @Coupon-mad

Please could I also ask:

What is the email address for BW Legal you would suggest I use?  It slipped my mind but checking back my email I see that on 24th Feb I emailed disputeresolution@bwlegal.co.uk & sar@bwlegal.co.uk to inform them of my new address but received no response.  This is certainly something I will be mentioning in my Defence.

Does CNBC stand for Civil National Business Centre and should I be emailing them at AOS.CNBC@justice.gov.uk?  Should I call them as well?

Once again, thanks very much.

Ukay1

@Coupon-mad

This is what I wrote to them on 24th Feb.  Would it not carry some with the court that they did not reply to my pre-action correspondence nor even take notice of the fact that I had informed them of my change of address?

Dear Sirs,

Your Ref: [ ]

Proposed Legal Proceedings

Claimant: KBT Cornwall Ltd t/a Amtrac Security Services

I refer to your letter of claim.

I confirm that my address for the time being is as follows and any other addresses must be erased from your records:

[   ]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government has referred to as "extorting money from motorists".

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £60 represents what you lot dress up as a 'Debt Recovery Cost’ and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: is this damages, or will it be pleaded as consideration for parking?

I look forward to hearing further from you.

Yours faithfully

Coupon-mad

Would it not carry some with the court that they did not reply to my pre-action correspondence nor even take notice of the fact that I had informed them of my change of address?

Yes, put it in your defence.  Negligently or deliberately, they used an old address and nearly caused you a CCJ despite you informing them in February.

I would use complaints@ this time, for BW Legal.

And I don't know the new CNBC email addresses but they are all in the Template Defence first post.

Ring the CNBC as well, to ensure they put a bar on BW Legal requesting judgment AND the second purpose of your call is to press the CNBC to update the address and erase the old one.

Ukay1

Perfect - thanks, @Coupon-mad - shall let you know how it goes.

Ukay1

@Coupon-mad - emailed BW and CNBC last night.  Was on phone waiting to speak to someone from BW Legal and then CNBC.  Both times waited an hour but then had to go.  Left a message for BW Legal to call me back but the never did..

it’s clear what’s going to happen here…not really sure what else I can do.  Really very frustrating.

Coupon-mad

As long as you acknowledged the claim by email then it is acknowledged.  Did you?

You have to ring the CNBC on the dot of 8.30am to get them to answer sooner.

nopcns

When you emailed your AoS form as a PDF attachment with the claim number in the 'subject' to aos.cnbc@justice.gov.uk did you receive an auto-response acknowledgment?

Ukay1

@Coupon-mad & @nopcns

Sorry for the slow reply.  I heard back from BW Legal who simply said “ We are currently in the process of re-serving the claim form to your current address.”  Interestingly this came from litigation@bwlegal.co.uk which is an email address I have not seen listed elsewhere.

I then filled / signed the AoS and emailed the PDF to AOS.CNBC@justice.gov.uk and made sure to include a screenshot from the BW email to demonstrate why my AoS might have been filed later than required.

When they re-serve the claim form does this mean I will need to file another AoS?  Presumably if the claim number is the same then I guess not but perhaps best to err on the side of caution and do so?

Thank you very much for all your advice!

Coupon-mad

I think you could send BW & the CNBC a fresh AOS when the claim arrives and in the body of the email:

(a) remind them both again NOT to use the OLD address (state it in full);

(b) only use the NEW address for service  (state it in full);

(c) note that the Claim Form which went missing and was improperly served, never turned up.  The claim has been re-served by BW Legal and the fresh claim form arrived on DATE;

(d). BW Legal should provide the CNBC with a Certificate of Service showing the date in (c); and

(e) CNBC please update the Claim History, remove the reference to the previous AOS (which was merely filed to block an improper judgment) and replace it with this new AOS when also noting the true date of service.

Ukay1

Awesome - thanks very much, @Coupon-mad.

Shall let you know how it goes.