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    • Do you have a previous thread about this case, lindyhop? I don't think we can advise in isolation.   HB
    • Hi Looking for help to write a letter to the courts, following agreement by the other party (claimant) to allow an extension so that i can formalise my defence.    
    • So I will plead guilty and attend court. When they ask me if I have any further thing to say, I'm planning to write it down, bring it with me so that I don't get freak out. Could you help me review it?   Dear your Honor and the TfL team,   My name is [...]. I have been studying in the UK for nearly 9 years, currently holding a Tier 4 Student Visa.   I am attending the court today for fare evasion charges that I have committed and feel ashamed for what I did. What I did was not appropriate and has caused trouble for TfL and the public purse themselves; therefore, please consider my most sincere apologies. This is my first and my last ever offence that I will ever committed.   Over the course since this happened, I have been considering on how to get back on track and be a better person for the society and for myself. I have been obeying TfL policy ever since and do not plan to repeat my crime ever again. I also want you to please consider my mitigation circumstances upon my punishment, I have been in the country for a long time for my academic research and planning to apply for a leave to remain after my study finishes, this can affect largely to my application. I am half way to my Doctorate research and I really hope that I can continue to finish my research. If there is a conviction on my record, there is a chance that my university will reconsider and postpone my research which will be devastating for my academic development which my parents have heavily invested in. Moreover, because I have been spending all my time in the country, if I then come back to my country ,I will be more lost because I have developed into the custom. My parents are now all retired and I hope after finishing my studies,I can get a good job to support them, with this conviction on my record, it will be more difficult for myself to find a good job in order to repay for what my parents have done for me.   I hope you can please consider my plea, I will be more than grateful to pay for all the unpaid fare and administration cost for the court and TfL.   Once again, thank you for listening and I apologise for my behaviour 
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    • I think it's certainly snake oil, and may just be an enormous bluff. Cireco is not registered with ICO, nor is it named as a trading name of RLP (which it should if they claim it's under their registration).  They can't process data without consent, and I don't think their silly 'shoplifting register' falls under the data processing exemption for crime prevention or legal reasons, since all are just unsubstantiated allegations.   
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fkofilee

BW Legal - Am I Going Insane?

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this will be a long one so please bare with.

 

I want to make sure i am not going insane as I feel like i am slowly losing my mind where this firm is concerned.

Ive seen the others who have been threatened by BW Legal and offered advice, but i think i need some too :)

 

-------------------------------------------------------------------------------------

In 2012 - I suffered a case of ID Fraud.

There was a loan from TMS for £100 I think.

 

I also had another loan taken in my name for £300-odd which is not with them thank god but is with PDUK who are under the same brand.

 

I had tried with both firms to prove it was ID Fraud.

We didnt reach an agreement on both accounts and subsequently i left them well alone at this point.

 

Now the PDUK is still with ICL but i think this will not be going anywhere for a while due to the fact that I have enough proof for that one from 2012.

 

Now here's where BW Legal come in.

In December last year they had purchased the £100 loan from TMS.

It had been inflated to £200-odd.

 

In Jan i got the usual welcome to BW Legal letter however the tone of the letter was rather threatening from the offset.

They told me that my account was being considered for legal action right off the get go

 

i complained to the CEO Sean and his cohort COO Rachel.

back and forth we went with me trying to prove that i was not liable while they provided no evidence that I was.

 

I refused to provide any ID because its not my issue and i fed this to Actionfraud and got the usual reference.

this is where Sean decided to access all Social Media related info about me.

 

From then on I was rattled... And with good reason,

how would you feel if your social media was used against you in that way.

Photos and photos of you being spammed into your inbox.

 

the end result i put them into a pass where the account was closed off as they werent able to verify the loan was mine.

this wasnt the end of my nightmare.

 

The FOS stated that BW Legal hadnt overstepped the mark which by that point it was over with the FOS.

 

in April i had subsequently found out that they had purchased another account from 2016 - £722.

Slightly concerned i dont recognize it

- I began to investigate it.

 

BW Legal were rapidly threatening to take legal action on this one.

to stop it

- I agreed to pay £1 per month to them to lock up their system so i could investigate it and collate evidence to disprove my liability to them.

 

Before this i had asked for 3 months to allow me to investigate the issue

- I was abruptly told no in writing and over the phone.

 

hence why i decided to pay them the equivalent of a small price of lambrini over the last 8 months.

-------------------------------------------------------------------------------------

towards August I start to get frustrated with the firm as I begin to go through their complaints process.

 

During the entire time of this process

- I found out that the address that the loan was paid out from was incorrect.

 

It was apparently changed

i had no idea of what was going on behind the scenes.

 

I also subsequently managed to find an email address that had been hijacked that Ive managed to gain control again (Thanks to Google).

However there are no emails in there from TMS - Only from BW Legal escalating their claim.

 

During September - I get my Final response from them stating the below;

 

"We believe you are deliberately trying to waste our time again"

 

"The Term Of The Loan Was Approved By You"

 

"Had you maintained your account properly with the Original Creditor, It would not have been sold to our client"

 

"The matter shall not be referred back to the original creditor because we have been instructed to collect a balance that is Due and owing by you to our client"

 

"We further note your acceptance of liability by your payments of £1, Thank you but please see an attached Income and Expenditure Form to verify your income.

 

"Futher to evidence that you supplied to us in Feb, when dealing with your previous rejected complaint through the FOS, This bank account is proven to be yours and it is UNEQUIVOCAL that you received the monies!"

 

I further challenged them to provide a copy of the agreement and statement which they provided what they gave me was most certainly not a correct calculation of the balance etc from what i received from elsewhere on my investigations.

 

Since then i have been to see the police and discovered that some of my post may have gone missing around that time.

This was March 2016 when the loan was "Taken"

 

- Heres the clincher.

I have checked with my bank which BW Legal claim the money was paid into.

There is no deposit on the date in question

- Infact there isn't one until the 28th of March which was my salary from my job at the time.

There was no deposit between End of Feb and End Of March.

 

I have had this verified on a number of occasions by my bank and they confirm every time

- Nothing to be found.

 

On top of that

- I requested a copy of the Famous "Fraud Declaration Statement" that we have seen here on CAG to retain in the event that this goes any further.

 

I have also now reported this to Actionfraud and got a ref.

 

When i went to see the police again early this year to double check Actionfraud was the right move, they agreed and they stated that i should be left alone after that.

 

on the 5th December i receive a letter telling me that

"We have already identified that you are liable for this in our previous investigations so we wish to know your reasons for why you want the "Fraud Statement" - Then they still sent it anyway without me even responding...

 

I then snapped at work with a few people after i got no sleep when i responded to their letter for the Fraud Statement.

Im not gonna lie - Its kinda taken sleep away from me and put tremendous strain on me...

They seem so tenacious.

 

last bit to now...

 

i snapped and gave in and offered them £200 over 10 months.

But with some caveats.

 

- Full removal of CRA info

- Full removal of searches by BW legal.

- No further contact...

 

Free money to them

- Just to get them off my back.

They declined and I was told that it would 50% of £356 and no removal of info.

 

My response "I didn't ask you for a counteroffer, Douchebags"

- i upped it to £240 over 12 months.

Told that that had also been rejected.

 

i responded telling them that my offer would remain open until the day that a claimform hits my doormat.

And then after that day - All offers are off the table.

 

Now here we are...

While this part might be irrelevant,

but ive known for a while

- Rachel is also Director of PRAC Financial

- It turns out they have virtually no staff and that all offers for consideration

(Even though my offer doesnt need to be considered because they dont get a choice in the matter) go only to her.

 

Consider she is Sean's sidekick as well as COO of BW Legal its kind of gutting that the director is pulling the strings on what is acceptable.

I found this out tonight.

 

aside of that i need advice on how to proceed.

I have invited them to litigate because they dont have what i have but some good news

- they have the correct address so no backdoor CCJs.

 

This really is doing my head in

i know i shouldnt contact DCAs

 

in this case I have tried to open a positive, constructive discussion with the firm only to have it bounced back in my face.

They appear rather greedy in my eyes...

-------------------------------------------------------------------------------------

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sorry but I don't know why you ever bother to entertain them.

as long as they know in writing your correct address

 

let them progress to court

that way the fraud will be exposed

and that will be the end of it

 

playing pointless letter tennis simply invites frustration


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if/when you get the PAP letter

that is when you tell them.

then its down to them to disprove

 

if you have an actionfraud ref number

that's all you need for now


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Thanks DX - Yes i do have it along with official confirmation that the case has been registered.

Funny enough though - I did bring that up with a few agents over the phone.

 

They all said the same thing.

"Actionfraud doesnt mean anything to us here at BW Legal

- They wont investigate the issue and you are still fully liable for all monies"

 

Luckily when it comes to it, Going through the process once with Actionfraud I understand the weight that reporting it has.

 

Either way thanks DX - I will wait for the PAP - This will be fun.

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BW Legal are regulated to carry out this debt collection work and have to meet required standards.

If they are failing to meet the standards required, then you need to report them.

 

Find out who regulates their debt collection activity and get your complaint registered.

 

If they have harassed you into making an offer on a debt you have not taken out, then look at what steps you can take to seek redress.

 

http://www.bwlegal.com/wordpress/complaints/

 

If you have complained already, then escalate your complaint. Either FOS or Legal Ombudsman or both.


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Thanks UB

- Well here is the thing

- I tried the FOS the first time round and they said that BW Legal hadnt stepped outta line because they needed to try and verify my identity.

Apparently using Social Media is allowed to do that

 

- Who knew that they could use Social Media to identify you for a loan that you didnt take :rofl:

 

doesnt fill me with the greatest confidence that reporting it to the FOS will yield any better results.

 

Plus BW Legal are using the £200 account against me and using everything on that one to stitch me up.

even though its been closed down.

 

EG; They are chaining facts on that account to the current one and not treating it as a separate deal either.

For what its worth though.

 

The CEO dealt with the case himself back in March time and since hasnt responded once to me (Included on all further correspondence)

- It appears they got fed up with dealing with me so he left it to the minions.

 

I can try the SRA but they may not even look at it because it hasnt got to a litigation stage yet.

The FCA wont investigate individual complaints even though i gave the matter to them to log and keep on record (Which is fair enough)

 

I am truly stuck for how to get this matter resolved.

It is impacting on my day to day health at the moment

- Any other firm id be okay with but they seem to very persistent.

 

Ive read everything on PP about the tickets they issue for Excel Parking etc and know that they appear to be incompetent at best

- Not my words PP has it - itself.

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Ignore them completely and wait for a pap letter.

If it ever comes.

 

They have you marked as 100% gullible and think if they continue he then you will pay.

After all , you've already offered them Money for nothing.

 

I would report them.to the relevant authorities and give them as much info as possible so they can investigate.

 

Remember, you won't be the only person this happens to.

They will be doing this as the base of their business practice.

 

Too many people fold and given in.

You almost did it yourself.

Don't fall for it.

 

Ignore them as already advised and let them make the next move.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I have had two run ins with BWL and on both occasions I found them to be robotic, thick-skinned morons. Their attention to detail in written communications is way below the standard of a 'normal' solicitor and their arguments are very poorly constructed - almost certainly cut and pasted by a very junior employee. Their stance is totally unreasonable and immovable even in the face of evidence and argument that warrants careful consideration - a we'll issue proceedings and hang the consequences. In the most recent experience of them they left it right to the last minute before discontinuing

 

As above, offering them anything against a disputed account is manna from heaven and they now believe that if they keep applying pressure you will pay up. No point in saying what you 'should' have done, but I think you are probably right to let this run its course now - surely bank statements proving that the money was never sent to you and the Action Fraud case would give a very strong defence?


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If it were me, i would not accept this harassment and would make a formal complaint.

 

The FOS do try to avoid taking complaints and people really have to insist on the complaint being properly registered.

 

Once registered BWL would have to justify their actions, which they really couldn't


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I have had two run ins with BWL and on both occasions I found them to be robotic, thick-skinned morons. Their attention to detail in written communications is way below the standard of a 'normal' solicitor and their arguments are very poorly constructed - almost certainly cut and pasted by a very junior employee. Their stance is totally unreasonable and immovable even in the face of evidence and argument that warrants careful consideration - a we'll issue proceedings and hang the consequences. In the most recent experience of them they left it right to the last minute before discontinuing

 

As above, offering them anything against a disputed account is manna from heaven and they now believe that if they keep applying pressure you will pay up. No point in saying what you 'should' have done, but I think you are probably right to let this run its course now - surely bank statements proving that the money was never sent to you and the Action Fraud case would give a very strong defence?

 

Alas - Ive had numerous calls to Nationwide who confirm they cannot see anything from that date.

Its just a headache.

 

Ive already spoken to TMS to ask them and i failed security

- Not a surprise considering the information that i have taken nearly 8 months to uncover.

 

As far as i am concerned ive done everything I can to cover all bases and Actionfraud have sent me an official document confirming the case is registered.

 

Now time to let the sleeping dogs lie.

 

Ive already made a formal complaint for a 2nd time about the firm and their behavior / treatment but i have no faith in the FOS.

Maybe in the FCA etc but Then again ive already been very vocal about the whole situation on here.

 

Thanks for all the advice on this one.

 

I will let this run its course

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So heres an update for you.

 

I have had a few conversations with the firm over the last week to try and put the matter to bed.

I am trying to find the bounds of the incompetence and wholeheartedly agree with @sidewinder about their firms poorly constructed arguments.

 

I spent a good hour on the phone today trying to sort this and it really sunk in how much this firm really operates.

 

I have over the last couple weeks kept asking advice on where to go to resolve this.

Someone said Actionfraud (Even though they hadnt for months before that)

 

Somebody else said CAB - Went there too.

They also asked me to seek Legal Advice.

I did that too.

 

On top of that - Stepchange too - I spoke to them.

 

The Police - Spoke to them in July who told me to report it to Actionfraud.

 

They also told me to go to Equifax regarding the information thats being reported on my CRA

- Which pointed be back to *CRAP* Financial and their fingerpuppet Broken Whiney Legal.

When i asked them who else i should see...

I got a "I dont know" and mute tone after that.

 

I matched their 50% offer of £356.xx to settle the case,

but was told by numerous parties to back it up in writing for F+F to settle the matter once and for all.

So i did.

I drafted and offer of £360 to be paid over 12 months which some terms which are shown below.

 

BW Legal / PRAC Financial (under the agreement when executed) agree to;

i) Full and final settlement of the matter £360 which will be paid as above.

ii) Remove all credit related information from all credit agencies & other relative data sources. This includes searches / account information, etc.

iii) Not proceed with any further collections or enforcement action.

iv) Not sell any further outstanding balances to any other collection agents, debt purchasers or further clients.

 

But why are you offering money to pay for a fraudulent account you might ask?

 

Well...

I wanted to settle the matter once and for all and the only language BWL understand is money.

i wanted to prove how greedy they are.

 

Due to the nature of the account

- The info being reported on my CRA is infactual and should beable to be challenged when the account finally does get closed as well as the balance being written off.

 

In my offer T & Cs i have reconfirmed the fact that i am not liable for this account in question and shouldnt beheld to account.

 

I have received enough evidence from ICL to confirm i am not liable.

 

The account details which BW Legal claim the loan was paid into were not the account details that ICL have.

 

The address in question that the account hit BW legal with was an address that doesnt even exist with a Portsmouth Post Code that also once again doesnt exist.

 

I spoke to them the other night to a lady who was exceptional considering how DCAs operate who promised me that id have a phone call from the elusive complaints manager that keeps ignoring any correspondence.

 

I was also informed the account has been put on hold until further notice.

 

Oh would you look at that too...

The Fraud Statement Still hasn't turned up either ;)

- Probably has gone missing with some of my other post...

But hey BW Legal dont believe me

- Because what do i know.

 

Ive told them to send me their "Letter Of Claim" under the PAPs from 1st October, only to be told that they wont do that and they will decide when they want to escalate the account to that "Level".

 

Im sure BW Legal are reading - If so good... I look forward to my day in court with your firm, letting the judge guide proceedings and providing with all evidence that i have amassed.

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BW only act for their clients

they don't buy debts

 

so who is their client?

 

dx


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Hello BW Legal - If you are watching then good! You've stooged yourselves now.

 

I have been in the monkey pen for the last 4 weeks dealing with their incompetence which can be seen for miles.

 

an update;

I have had it confirmed that the COO has personally decided that the offer that was put forward is unacceptable and they would set my CRA to Partially Satisfied.

I have been tempting fate with the almighty BW Legal and made suggestions of how to resolve this.

 

I today even said to them that if i agree to have it Partially Satisfied and agree to pay 50% as per their counteroffer and I amend my terms on the offer provided to them

- Would they sign the agreement between ourselves or would they send a letter confirming that they agree to the terms that THEY provided...

 

Well apparently being left alone permanently is not good enough for them and their agent today who i will refer to as "Mrs Attitude" who was insistent that the account would be coming off hold today (11th Jan).

 

She also said that they would not agree to any terms i set out yet when i wanted to amend the wording of my offer for them to agree to

- TO what they set out

- I was also abruptly told that they would not accept said offer.

 

The same one that they set out... I am so confused.

 

After a further conversation this evening

- Apparently i only have until Feb to agree to their offer before it continues on their collections process... Wonder if it will go to court.

 

Probably will if any of the other threads are to go by....

 

Apparently a letter will be turning up to my house

- Its contents unknown but im going to hazard a guess it is the usual spiel and BS, possibly template like

- Probably will tell me that they will not agree to my offer or agree to any terms

- But if i make a full and final offer

- Then i expect it to be held up in writing.

 

But heres the thing.

I still havent added a Notice OF Correction to my Credit File and this firm still insist on putting me through pure hell.

 

I hope they are reading this.

IF they are then please know that i will not give up my fight to kill this matter off once and for all.

Edited by Andyorch
edited

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I gave my advice earlier in the thread which you stubbornly refused to take heed of. Why are you ploughing on in the same way for a fraudulent debt you did not take out ?

 

Sometimes you need to change tactics to get a result.

 

Unless you want to go to court and are setting them traps, to take advantage of later ?


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so did I UB...si did I IGNORE

await the PAP letter

 

a judge is the only place to this out.

and get compo


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Guys I haven't ignored your advice honestly... I need enough evidence to prove that they have been unfair...

I now have it...

 

It is going to the FOS... And I'll drop it by the FCA etc for good measure too...

But at the same time... I do want it to go further, i just don't want the stress of court hanging over my head...

It will probably finish me off

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I try to never let these situations get this far down the line, because any compensation later, never seems to be worth the stress/hassle.


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I try to never let these situations get this far down the line, because any compensation later, never seems to be worth the stress/hassle.

 

Im not after compo for this one - I just want it finished.

Yes DX is right about waiting for the PAP but as i can prove that i have made a proactive effort to resolve this directly with BW Legal then a judge cannot tell me that i have been "Ignorant" for putting my head in the sand...

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but you should have waited until the PAP process started.

 

anyway .

time not to stress out now

you have the ammo.

but I really do wish you'd stay off the ruddy phone!


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If it were me, i would not accept this harassment and would make a formal complaint.

 

The FOS do try to avoid taking complaints and people really have to insist on the complaint being properly registered.

 

Once registered BWL would have to justify their actions, which they really couldn't

 

Well ill be damned... Letter sent to the FOS and what do i get...

 

"We cannot proceed with your complaint as the Ombudsman ruled on your first case with BW Legal..."

 

That was raised over the use if Social Media to identify an individual and nothing more...

This time the points raised a 2nd time round are for a separate account with much more info that doesnt involve social media in any aspect... So what gives?

Therese lots more about their behavior and everything in between.

 

You were right UB - The FOS Dont seem that interested in a valid formal complaint at all... It just astounds me...

My referral letter to the FOS made one small mention of the previous case and nothing more and was not to be used in this case because it is irrelevant.

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Quick Update

 

FOS Accepted My Case - I had to explain to them its something different this time around.

MAnaged to get statements... Managed to get screenshots of the days in question.. No Loan paid into the account they claim...

 

Could be very interesting... Look forward to seeing what The FOS Does...

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