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BW Legal letter of claim (times 2) plus phone calls, How best to respond?
Jones42
post Wed, 9 Jan 2019 - 21:05
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Hello,

Let me tell you a story about a friend of mine. In November he received two letters from BW Legal concerning two alleged parking fee disputes in early 2018 in England, in a car park run by Brittania, who had seemingly recently installed cameras of which he was unaware. My friend ignored the letters, having ignored similar letters many times in the past without consequence. My friend informs me that he thinks no tickets were placed on the car at the time of the alleged contraventions, and he is not sure who was driving. He tells me he did receive two letters, including pictures of his number plate and an invtitation to pay earlier in the year but he threw them in the bin and thought that would be the end of it. In December followed two letters of claim, for the same alleged incidents, which now need to be dealt with in the next week or so. These letters don't seem so easily brushed off. Over Xmas BW Legal also started calling about once a day on his landline. This is interesting as he is ex-directory. Every phone call was greeted with a terse request that say how they got hold of the phone number before any further conversation could proceed, I am told. BW Legal were unable to answer that question so that was where these calls all ended.

My friend is now going to wade through the newbie guide and see if he can find a template letter he can adapt and respond with, in order to deter BW Legal from chasing this any further. Is the fact they've somehow naughtily obtained his landline number something he can use to his advantage? My friend also says he is tempted to save himself lots of court and admin time by just paying up, but fears this could lead to an avalanche of such claims in the near future if he is then seen as a mark.

Any guidance from the wise is welcome.
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post Wed, 9 Jan 2019 - 21:05
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Redivi
post Wed, 9 Jan 2019 - 21:42
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Some debt collection companies have software that can check Experian without leaving a trace
If your friend has applied for credit or for example a mobile phone, the landline number will be linked to the application

In future he must tell BWL that they must not telephone him and put the phone down

Then report them as a nuisance caller when they continue
In response to the Letters of Claim, tell BWL to send copies of all the documents their client intends to rely on

Also send a Subject Access Request to Britannia for all the information they hold about him
Tell BWL that's what he's done and they must not take legal action until the request has been complied with

For future refernce, never throw away any document that even hints at the existence of a debt or the risk of legal action

There is no letter that will deter BWL

They've known for two years that I've never had any connection to a car parked at a location I've never visited
Hasn't stopped them sending a Letter Before Claim a few days ago

This post has been edited by Redivi: Wed, 9 Jan 2019 - 21:44
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Jones42
post Thu, 10 Jan 2019 - 13:43
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Thank you Redivi, for your very informed and helpful response.

My friend has found a template for a Subject Access request to Britannia and that is now ready to post.
He had less success finding a template letter to tell BWL to send copies of all documents they intend to reply on, and informing them than an SAR has been sent to their client and that they need to wait. Is there such a template, or should he simply draft a simple letter saying those two things himself? He is quite happy to do this, but would rather use a template if there is one to make sure he doesn't accidentally say anything he shouldn't.

Many thanks
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nosferatu1001
post Thu, 10 Jan 2019 - 14:19
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Just draft a letter.
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Jones42
post Thu, 10 Jan 2019 - 15:41
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Thank you, my friend will stop being such a wuss and do that right away. Much appreciated.
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Jones42
post Fri, 11 Jan 2019 - 11:14
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All done, I'll let you know how he gets on. Many thanks to Nosferatu1001 and Redivi.
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Jones42
post Thu, 17 Jan 2019 - 15:20
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BW basically replied with a letter saying sod off and that they are not holding off proceedings unless Britannia instruct them too. He'll give me a scanned and redacted version to post at the weekend.
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nosferatu1001
post Thu, 17 Jan 2019 - 16:29
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Thats their template
You state they have no pressing need, as the Limitations Act gives them another X years to file a claim, and so they have no reason to fail to restrict processing.
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Jones42
post Mon, 21 Jan 2019 - 16:29
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Thanks Nosferatu1001. Here’s their letter. No reply from Brittania as yet .
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This post has been edited by Jones42: Mon, 21 Jan 2019 - 16:32
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nosferatu1001
post Tue, 22 Jan 2019 - 10:42
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Yes, but you respond back - they have no pressing need to continue processing data, for the reasnos I have given
If they believe differently - why they MUST rush to file a claim - you require an explanation of exactly why. Another template will not be acceptable.
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Jones42
post Wed, 23 Jan 2019 - 14:14
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On it. Thank you.
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