Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Kev Kev is offline
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    Default Who are BCW Group plc?

    I have received a letter from Geoffrey Parker Bourne Solicitors, it may be of interesticon to other members:

    Dear Sir/Madam,
    Re:- National WestminsterBank
    Amount now due 2358.20
    Client Ref *******
    BCW Ref *******

    We have been instructed by BCW Group plc to write to you concerning your now seriously overdue account with them.

    Unless you contact our instructing agents BCW Group plc on 0871 244 2800 quoting the above reference number within the next 72 hours with a repayment proposal, we will advise our clients to issue a claim for recovery in the county courticon.

    You must note that in this event the sum for which they sue will include solicitors costs, court fees and interest which will add significantly to your debt.

    We have been specifically requested to point out that should our clients obtain judgment against you this may be registered at both the county court judgments registry and the main credit reference agencies. This could seriously affect your ability to obtain credit in the future for up to six years.

    Please note that we are instructed not to enter into correspondence with you on this account but to refer it back to BCW Group plc, 11 Elm Court, Arden Street, Stratford-upon-Avon, Warickshire, CV37 6PA.

    Yours faithfully,

    Geoffrey Parker Bourne



    Does anybody know who BCW Group plc are? are they connected with Natwesticon Bank? I have been writing letters to Natwest for over 12 months and have had some small success in claiming back excessive fees and charges. But i decided that I'd had enough of jumping through Natwest's hoops every time they charged me. Therefore I have estimated how much they owe me in fees and charges and then spent this amount in the hope of putting the ball squarely in their court. If they wish to take me to court they will have to prove that their fees and charges are fair and lawful. I will of course make a counter claim.

    I did write about my case on the Yahoo forum some time ago but I can do so again on this forum if anyone is interested. I am just in the process of writing another letter to Natwest as I have stated to them in writing over and over again that I am not prepared to discuss this issue over the telephone. I will put a copy of the letter here when it is written.

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  2. #2
    NATTIE
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    Default Re: Who are BCW Group plc?

    BCW Group plc

    This is who they are. you should try a search. They are a PLC so unlikely to be directly connected to Natwesticon. They do not have to prove you wrong just the figures and if you have added interesticon you could come unstuck. You need to firstly state that the amount is in dispute. They look like a debt collectionicon Agency to me by the way. While the amount is in dispute send a SARicon for the statements and calculate what you are owed correctly to the penny not a wishy washy estimate. Once you have your figure then you may find they(natwest) will owe you more that you owe them.


  3. #3
    Kev Kev is offline
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    Default Re: Who are BCW Group plc?

    Thanks for your reply. I have already got my statements from Natwesticon but this wasn't the information I requested. They hold on their data base all fees and charges they have applied to my account, it is this information that I requested. Natwests statements are the most difficult to understand that I have come across, add to this fees and charges that have been refunded at different times and it is almost impossible to decypher them. I wrote to Natwest in September 2006 Disagreeing with the amount I owed to them as apposed to how much they owed to me in excessive and unfair fees and charges. Therefore I have moved beyond the stage of sending an SARicon. The reason I have made an estimate is precisely because Natwest have not furnished me with the information I require to make an exact calculation of what they have taken from my account.

    At present I have not added interesticon or taken into account the excessive interest added by Natwest.

    Natwest already knows that I have disputed the amount owed and I stated in my last letter that I was prepared to defend my case in court. Surely if the amount is in dispute they cannot call a debt agency in to collect the debt?

    If they take me to court surely as the defendant it would be I who would need to prove that their figures are wrong (which I can easily do) and it would be up to them to prove their figures are right. As apposed to me taking them to court where the onus would be on me to prove that my figures are correct and for them to prove that my figures are wrong.

    If they took me to court and I proved that their figures were wrong would they lose the case and have to bring another case against me with revised figures? or could the amount be reduced by the court to a lower figure? Put another way - would it be a sudden death decision where an exact amount needs to be proved (all or nothing)? Or can the judge decide on a figure after hearing evidence? If the second way was true then I would need to have exact figures. But if Natwest needed to prove the exact amount as stated then all I would need to do is prove that their figures are wrong due to unlawful fees and charges applied to my account.

    Any help on the legal issues I have raised would be much appreciated.

    I am sick and tired of writing letters and threatening court action everytime they apply these punitive fees and charges. I am now making Natwest jump through my hoops.


  4. #4
    NATTIE
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    Default Re: Who are BCW Group plc?

    I think if they took you to court you would soon find the debt diminish substatially. If they failed to supply you with the info then have you reported them to the information commissoner;s office or taken steps to take them to court on non compliance?


  5. #5
    Kev Kev is offline
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    Default Re: Who are BCW Group plc?

    I threatened to report them to the Information comisioners office after I had waited 6 months for the required information (a long time, I know, but I had other pressing issues to attend to at that time). Within a week they had sent all my statements. It has been their usual tactic to send out statements when people ask for information. I want to push it further by gaining the exact information I have requested.
    Many people on this forum have gained refunds from banks but then the same thing happens again and again and again. The banks are milking their customers for cash and if a customer complains loudly enough and threatens court action then, and only then, do they get a refund. The banks try every stalling technique they know, even threats, to put people off from getting their refund. I have read the horror stories on this forum and I know that many people do not like to complain or are scared of taking on these goliath companies. Some are worried about what the future will hold if they fail. The only way this can be stopped is if the law is invoked in favour of the customers. The only way this can be done is through a court decision on the legality of these fees and charges. How many have tried to take their bank to court? how many have got to court? How many cases have the banks defended?

    I have decided that i no longer wish to jump through my banks hoops. I don't want my money back. In fact I already worked out how much Natwesticon have charged me and I have spent it. Now my bank says I owe them money, fine, they want it they can take me to court. Lets get a decision in court. Thats what I want. their threats do not scare me, I don't own a house or a car, i have no worldly goods to speak of. What is the worst they can do to me? turn up and break my legs with baseball bats? no. Their threats of destroying my credit rating or sending in bailifs do not phase me but I understand that for many people this would be a nightmare that they would not want to walk into. That is what the banks count on, that is why they will not lose, so they have to pay back a few million, small change out of the 4 billion plus pounds they're making every year.


  6. #6
    NATTIE
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    Default Re: Who are BCW Group plc?

    You maybe need to read Vampiress's battle and Mcuth for information, Vampiress has a court order, Mcuth was close to doing the same for compliance. 4 billion pounds is spread out between huge numbers of people, my gut feeling is that it is a figure misquoted to a degree and does not incorporate other fees not penalty charges related.


  7. #7
    Kev Kev is offline
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    Default Re: Who are BCW Group plc?

    I have written a letter to BCW Group PLC. I was not aware that Natwesticon had moved the collection of the "debt" to another company. It will be interesting to see what their reply to my letter will be. I include the letter here for information.

    client Ref: ******
    BCW Ref: *******

    BCW Group PLC
    11 Elm Court
    Arden Street
    Stratford-upon-Avon
    Warwickshire
    CV37 6PA

    Dear Sir/Madam:
    I have received a letter from Geoffrey Parker Bourne Solicitors requesting that I phone BCW Group PLC within 72 hours with a repayment proposal or they will advise their client to issue a claim through the county courticon.

    What connection does BCW Group have with National Westminster Bank PLC?

    I categorically state here and now that I do not owe this money. The amount stated is made up of excessive, unfair and, I believe, unlawful fees and charges. I look forward to this issue going to court where I shall enter a robust defence.

    I have stated to Natwest on several occasions that I believe that these excessive fees and charges are unlawful under the Unfair Terms in Consumer Contracts Regulations 1999 1(e) Schedule 2:
    'Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation'.
    I also believe that these charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

    Furthermore, I have on several occasions requested specific information on the amount that Natwest bank has removed from my account in fees and charges from when the account opened until the present time. I have requested this information which I am entitled to under section 7 (1) of the data protection act 1998. The first request was presented to Natwest in writing on 30th January 2006. To date I have not received the information I require.

    As I have not received the information I require to calculate the exact amount Natwest owes me I can only estimate the amount. I estimate that Natwest owes me approximately 3,000 plus interesticon at 8% (I am claiming interest under section 69 of the County Courts act 1984). As Natwest claims that I owe them 2,385.20 that still leaves 614.80 that Natwest owes to me.

    Please note: On all previous correspondence with Natwest bank I have insisted that I am not prepared to discuss this issue over the telephone, all communication between myself and Natwest and their representatives will be carried out in writing. This condition also applies to BCW Group PLC and their representatives.

    I look forward to your reply.

    Yours Faithfully


  8. #8
    NATTIE
    Guest

    Default Re: Who are BCW Group plc?

    Natwesticon is not a PLC as it is part of Royal Bank of Scotlandicon Group PLC.


  9. #9
    Kev Kev is offline
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    Default Re: Who are BCW Group plc?

    Thanks, I will amend my letter.



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