I got this letter from BW Legal this morning. It is a load of rubbish. I sent my defence statement to both them and the court. I sent them recorded delivery and it was signed for.

BW.pdf

Oh well tough on them

Loving the fact that BWL in point 13 state that the statement of account 'is clear and ambiguous' - these are supposed to be educated people drafting these statements FFS!

Much of what is in the WS is simple copy and paste from templates - with no referral to any facts contained in your communications with them. Consequently their laziness will be their undoing. They issue many many thousands of these claims every week so they do not bother with details - it is a pure numbers game

The fact that they have paid the hearing fee is largely irrelevant - they usually do pay but in the face of a plausible defence they often discontinue rather than pay a fee for somebody to attend

If it were me I would bullet point the obvious errors - the number of times that you have told them they are chasing a fraudulent debt and invite them to discontinue

Well I have not received a notice of discontinuance, so I am off to court on Monday. I am dreading it. Wish me luck

On another note, BW Legal have issued another county court claim, which I received this morning, for a loan with another company that I have never heard of! I have started a new thread for that.

God knows how many debts there are in my maiden name that I know nothing about.

Good luck with this... Lets see how this goes, keep us posted,.

Still time....some cases they fail to serve a notice on the defendant and when you get there its vacated...check with your court before setting off.

Andy

Still time....some cases they fail to serve a notice on the defendant and when you get there its vacated...check with your court before setting off.

 

 

Andy

Andyorch is completely right... Lets see what happens here...

KEep us posted.

Thanks guys.

I am going to have to go though. The hearing is set for 10am and the court is over an hour away from me

I will definitely let you know how it goes.

Well that was no fun at all!!!

Their solicitor played really dirty. He asked for my defence statement to be thrown out, accused me directly of fraud and claimed that I was throwing every possible defence at them to see what stuck!!

The judge found in my favour, thankfully.

Even after that the solicitor asked for £500+ in costs. He claimed that I had wasted the courts time! He wouldn't look me in the face at all throughout.

I really did not enjoy that.

Well done josborn delighted for you.

Perhaps expand a little as to why the Judge found in your favour for the benefit of other users following your thread?

Thread title amended to reflect the outcome.

Regards

Andy

Thank you Andy.

The judge found in my favour mainly because I took a copy of my tenancy agreement (it is a council one so it is a proper one), which showed that I lived at the address that I do live at and have since before the credit card was taken out at the fake address.

Their solicitor said "well she must have two addresses".

The judge said that he did not have enough evidence to show that it was me who took the credit card out because all they had was my name on the application form, all the other information was false.

The solicitor asked for his costs after the case was decided.

He claimed that I had not contacted the defendant or the solicitors at all (not even sent them a witness statement)!!!

Thankfully, I had sent everything (and I had sent a lot, many many letters) recorded delivery.

Even though I had copies of the post receipts he still said that they had not got them.

The judge didn't agree with that.

My advice is always send your letters recorded.

Well done, josborn, I've been following your thread and keeping my fingers crossed for you.

Thank you for coming back to tell us about it.

HB

hey good win

now you can see the dirty tactics DCA's and their fake/tame solicitors pull when fronted.

dx

Thank you all so much for your help. I will make a donation to the site on my next payday (it wont be a lot but it will be as much as I can give).

Are debt collectors or their solicitor regulated at all?

I doubt I will do anything more (I still have another case to defend).

It is dreadful the way that they behave though.

They accused me of being a fraudster (in actual straight words, even the judge double checked what they had said).

They denied receiving any of my letters except one of them, despite them all being posted recorded delivery.

Even though this is a case of fraud they tried to get my defence thrown out etc.

It is so infuriating.

You being a fraudster...what about the person that drafted their witness statement in support of their claim ?

read below ......

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

Thank you Andy, that is very interesting. I might make a complaint.

It was BW Legal that did the most annoying things. Can I complain about them in the same way as I would a debt collector?

BW Legal are also covered under the FOS...

Go for them... You deserve better than how they have treated you.

Thank you everyone. I will go ahead. I will let you know if I get anywhere.

Thank you