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BW Legal claim they served me an SD in feb!


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Hi!

 

They contacted me in February, to tell me that I had been delt a Statutory Demand. I was shocked! I asked what it was for, and by whom was it issued?

 

They gave me a date, and a scenario regarding a letter being handed over to 'me'!! After checking my Outlook calendar (the only benefit of working for a company that micro-manages its staff) I found that I was actually logged in to work, 50 MILES AWAY from my home, at that time, on that date.

 

The gentleman I spoke to said that a report had been written by the witness (issuer) of said exchange.

 

This Immediately rang alarm bells.

 

Now, I can only assume that it either did not happen, or that my personal financial details have been handed to complete stranger!

 

I am disgusted by the behaviour of this company, in either instance. They have no signature of the recipient, no photograph of the notice being served; basically, by their account, they have handed over sensitive information to a random person who happened to be near my house.

I am also concerned as to whom that might have been, as I don't live in the most secure area.

 

In order to prevent such idiocy and irresponsible behaviour, in the future, I have withdrawn their implied right of access, to my property; at least that way, they have no excuse to be roaming around my street, looking for people to give my details to.

 

I am not going to deal with these blithering idiots in any way, shape or form, other than to cause them a massive headache.

 

I'd suggest that you write to them, withdrawing their implied right of access, effective immediately; so they don't start handing your personal information out at their leisure.

 

In the mean-time, I'm going to persue their Consumer Credit liscence with the full force of the law.

 

In the mean-time, has anyone else experienced anything so ridiculous?

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James

 

Options - Take them to court, so you can have this issue before a judge, where BW legal would have to account for the inaccurate information they have and the possibility that they have given out your personal information to unknown third parties.

 

Possibility of making a professional conduct complaint against the process server. Find out how they are registered and what action you may take against them, so they have their registration cancelled.

 

These implied rights notices won't work in this situation, as there is legislation in regard to how you can be served with court papers in regard to insolvency. Although the stat demand does not touch any court, the bankruptcy petition that can then follow later on, has to be served properly and a copy placed with a court.

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Hi Uunclebulgaria.

 

When I spoke to the gentleman at BW Legal, on the phone,

he offered to investigate the 'serving' of the notice and send to me a copy of the account. I

 

have had nothing yet, bearing in mind that this supposedly happened in February,

they claim that the initial warning was issued in January, and our phone conversation was at the end of February.

 

It's now May and I have had many missed calls from them, as they seem to ONLY call during my work hours, but nothing else.

 

I wonder if they've scared themselves off by making such a stupid mistake?

 

I most certainly will persue the company and the process server, as you have advised.

 

The simple fact is that they have either lied about the encounter entirely, or they have made a severe and unprofessional blunder; either way, it must be addressed.

 

There are some proper vallains living in my area, and the idea that they have the kind of details that would be on a document like this, scares the living hell out of me!

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You could send an SAR to BW Legal for everything they hold including any statements from process servers.

 

Once the stat demand is served by BW Legal, they sometimes don't issue any bankruptcy petition until about 6 months after. Perhaps they won't bother with that, if the SD service appears dodgy and they will at some point issue the SD again.

 

While you are at it, it might also be worth sending an SAR to the original creditors for the debt being chased. Better to have everything asap, so you are not caught out later, needing to make such a request urgently and then not getting the info in time for it to help you. With the SAR information, you might be able to stop the debt being chased, depending on what you found out.

We could do with some help from you.

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own thread created rather that hi-jacking someone elses'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Steampowered,

 

Regardless of BW Legals claim that they have a trustworthy account of the SD being issued, I have no SD in my hands.

They say that a 'process server' issued it to me on one friday in Feb, and he has a written account that is intended to be used as part of the bankruptcy proceedings... The trouble is that any such description, of any such event, has to be a complete fabrication, because I wasn't here!

 

Nothing was posted through my letter box, pinned to my door or even selotaped to a window.

 

As much as they must really not like the idea, i can honestly say, I have not been issued any Statutory Demand; and, if they insist upon claiming that they've served one, I insist upon knowing exactly to whom the hell it was served!

 

Aside from the fact that, I now believe, it could be successfully argued that these SD's are being used as a tool of terror by BW Legal under the administration of justice act 1970 S.40. Which makes it "a criminal offence for a creditor, or a creditors agent, to make demands (for money) which are aimed at causing 'alarm, distress or humiliation' because of their frequency or manner..."

On the grounds that they suppose to have been threatening me with legal action since January, have phoned me several times a day, told me that (over the phone) I "Will lose my house", and appear to have given delicate details of my financial situation to one of my neighbours; which is pretty damn humiliating.

 

I've done a lot of research about it since yesterday, including looking in to BWL's general conduct, and will now go down the SAR route as advised by Unclebulgaria67.

 

So, after babbling on for a few paragraphs, the short answer to your question is, I don't have a copy of the SD.... Go figure? :-s

 

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I would caution you to stay off the telephone with them and ensure that all communication is dealt with in writing :)

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Hi CitzenB.

 

I won't be dealing with them on the phone again. I called them back after about 40 missed calls, to find out who they were. That's when all of this became apparent.

 

I'll request a SAR, give them 10 days, and go down the tacit agreement route.

 

I don't remember any credit agreement ever being sent to me to physically sign, and I wonder if they could possibly have one?

Chances are thast they have a copy of the application; but that would, at most, contain a basic 'pre-contract' agreement.

 

Silly thing is that I was prepared to pay this, in full, when I get some finances sorted in June 2013; but now this behaviour has started, I'm all for making them wish they'd never bothered.

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James

 

Options - Take them to court, so you can have this issue before a judge, where BW legal would have to account for the inaccurate information they have and the possibility that they have given out your personal information to unknown third parties.

 

Possibility of making a professional conduct complaint against the process server. Find out how they are registered and what action you may take against them, so they have their registration cancelled.

 

These implied rights notices won't work in this situation, as there is legislation in regard to how you can be served with court papers in regard to insolvency. Although the stat demand does not touch any court, the bankruptcy petition that can then follow later on, has to be served properly and a copy placed with a court.

 

After a bit of further research I'm sending in a SAR, but also logging a formal compaint with the OFT under the DPA, on the grounds they have obviously not handled my personal data responsibly, and potentially exposed me to the risk of external harrassment/blackmail and identity fraud.

As the case will then be in formal dispute no further action can be taken by them any way. Not only that, but the matter of the SD supposedly being issued without prior processes taking place and therefore is obviously, basically, an act of emotional terrorism, will be investigated too.

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Do you record your telephone calls ? if not then they will deny they ever had a conversation with you....be warned as some process servers have been known to fabricate the truth....in reality if a petition goes through then a process server (or person serving the demand) will have to supply either a witness statement/affadavit which is normally attached to the petition, it normally states several dates in which the process server will have attempted personal service and how they failed, and how they have effected substituted service by posting it through the letterbox after failing to serve it personally on you. Unless you have a video recording of who visits your door (which would be a killer to a lying process server), or have an empty house next door, or problems with mail deliveries, or you share a door / postbox with a neighbour, then it can often be difficult for a judge to rule against a person who says... 'nobody ever visited me'.

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Hi 42man,

 

I haven't recorded my phone calls, up to now, sadly.

 

However, I will answer the next call from them, purely to tell them that I won't answer any more phone calls from them; and let them talk all they like. I will record THAT call... Without question.

The great thing about the process server submitting a witness statement/affadavit, is that I can prove that it is not true.

Becasue my job is peripatetic, I have a company-issued phone that logs my location and time of visits, by GPRS. I also have to sign in to each site personally. So have undeniable proof that I was not where the process-server claims I was. He/she could have claimed it happened on any day and, purely by their own misfortune, they picked a day that they can't possibly substantiate. :lol:

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The thing is you never know what the process server's witness statement will say until you see it attached to a petition (it usually says they called on xxx date and xxx date and received no answer, although they really should give you some kind of notification stating when they will be returning.) if only you can get what they said on the phone in a recording then it will be game over.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I wonder whether there is a way to make a small claim court case against BW Legal and their process server, which would force disclosure.

We could do with some help from you.

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The thing is you never know what the process server's witness statement will say until you see it attached to a petition (it usually says they called on xxx date and xxx date and received no answer, although they really should give you some kind of notification stating when they will be returning.) if only you can get what they said on the phone in a recording then it will be game over.

 

 

They did tell me that the process server gave me the SD, in person. This is what I find so incredible about this.

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They did tell me that the process server gave me the SD, in person. This is what I find so incredible about this.

 

You could send BW Legal evidence that you elsewhere, so the information that they have been provided by their process server appears to be totally wrong. That you have never received any statutory demand and are concerned that the process server has given your personal information to a third party. Ask them to record a complaint under the Data Protection Act and to respond, so that the matter may be taken up with the ICO or courts as appropriate.

We could do with some help from you.

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I'll certainly send them a copy, when I send one to the OFT. BWLegal have been incredibly rude and threatening toward me; I don't have any particular urge to help them deal with this matter quietly, or 'in-house'.

It seems quite obvious, to me, that they're yet another bunch of cowboys who have been allowed to run riot, and have gotten cocky!

 

FYI 'BW Legal' is a clever name. A solicitor checked this for me yesterday, and BW Legal are not a law-firm; they are just a debt collector, with the same restrictions as any other debt collector. They are not allowed to give out legal advice of any kind, and so really shouldn't be contacting people with threats or intentions of this nature, prior to an official court ruling.

 

I now have a better understanding of what a Statutory Demand is, and what it's intended for. It was intended for accounts that have been to court previously, the court has granted in favour of the creditor and the debtor has STILL failed to pay.

Attempting to issue a Statutory Demand as a first course of action IS an abuse of the process, as it specifically states that it is NOT intended to be used as a "Short cut".

 

I can safely say that I no longer feel threatened; quite the opposite. I feel very well-armed.

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Write to them specifically asking for a copy of the 6.11 form concerning personal service of a statutory demand, as you believe that this may contain information that may enable a complaint to be made under the Data Protection Act. Advise them that failure to supply a copy of this document will leave you with no choice but to ask the ICO to intervene.

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We could do with some help from you.

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I'll certainly send them a copy, when I send one to the OFT. BWLegal have been incredibly rude and threatening toward me; I don't have any particular urge to help them deal with this matter quietly, or 'in-house'.

It seems quite obvious, to me, that they're yet another bunch of cowboys who have been allowed to run riot, and have gotten cocky!

 

FYI 'BW Legal' is a clever name. A solicitor checked this for me yesterday, and BW Legal are not a law-firm; they are just a debt collector, with the same restrictions as any other debt collector. They are not allowed to give out legal advice of any kind, and so really shouldn't be contacting people with threats or intentions of this nature, prior to an official court ruling.

 

I now have a better understanding of what a Statutory Demand is, and what it's intended for. It was intended for accounts that have been to court previously, the court has granted in favour of the creditor and the debtor has STILL failed to pay.

Attempting to issue a Statutory Demand as a first course of action IS an abuse of the process, as it specifically states that it is NOT intended to be used as a "Short cut".

 

I can safely say that I no longer feel threatened; quite the opposite. I feel very well-armed.

 

BW Legal Services is on the Law Society database. Sean Barton and Jonathan Cracknell registered. They also have a valid Consumer Credit Licence.

 

Alas, your solicitor friend has made an error. Which is, er, unusual for a solicitor... ;)

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DonkeyB.

 

First and foremost, they are not a friend. They are a financial solicitor who checked the database whilst I was on the phone. I guess it's possible that they misheard me and, possibly searched an incorrect name; but I doubt it.

 

Secondly: I have just spoken to BW Legal, on the phone, and recorded the call this time. I have been told that they are now going to make me bankrupt and that they treat the Statutory Demand as a "Warning that they intend to exercise their right" I asked if 'he' was a solicitor, he said no "But we do have a solicitor working on the case". I then asked "Who is the solicitor?" he said "I've told you what's going to happen, so what difference does it make which solicitor it is?"

 

I then explained that there was something "Very odd about this whole process" I explained that the SD couldn't have been issued to me personally, and that I couldn't possibly have been in personal receipt of that demand. He went on to describe the person it was served to. He asked my height, I answered 6'2", he then told me that my hair is brown.... No... I have shaved my head for the past 5 years, because I'm as bald as a boiled egg, on top. He immediately stopped trying to describe myself to me. I asked for a copy of the 6.11 form (thanks Unclebulgaria) and he's going to put the account on hold for 7 days.

 

It seems to me that there's something very fishy about all of this.

 

SAR will go in the recorded post, today.

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P.S. I have personally just serached for 'BW LEGAL' on the law society database and it returned 0 results. Whta serch term did you use? :???:

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Ahh DonkeyB,

 

Scrap my question. I have found them, you are correct!

 

And you're right, it's odd that a solicitro wouldn't have found their details on there... I have no explanation for that. :-s

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P.S. I have personally just serached for 'BW LEGAL' on the law society database and it returned 0 results. Whta serch term did you use? :???:

 

I have done this search as well. I think if you search using BW Legal nothing comes up. But do a search using the Solicitors name and it comes up with the details.

 

Basically BW Legal has a couple of Solicitors and the others they employ are all people who have worked in the debt collection business. I think they are based in Yorkshire and there are a number of DCA's in the same area of the country, they do work for.

 

They have obviously given your SD to someone else and I think you should pursue a Data Protection complaint, reserving the right to take this court. I should imagine that you would be entitled to a fair bit of compensation. Who knows it may be the local axe murderer who hates debtors that has the SD ?

We could do with some help from you.

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