3. Chased by BWLegal for Debt on a PCN not received.
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Author Topic: Chased by BWLegal for Debt on a PCN not received.  (Read 734 times)

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Prinzo

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #30 on: June 13, 2024, 06:17:59 pm »
Quote from: b789 on June 13, 2024, 12:43:17 pm
Because if they hold an incorrect or old address, they could file a claim and you would know nothing about it and they would eventually obtain a CCJ by default. Once that happens, it is much more complex to get it set aside and can be expensive.

You need to make sure they have your correct address for service. If they don't or have a slightly incorrect address, you could face a world of financial pain should they obtain a CCJ by default. It's just not worth it.

Thanks for the explanation.

So far letters from BW legal have come through even with the spelling mistake.
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DWMB2

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #31 on: June 13, 2024, 06:24:40 pm »
You still ought to correct it. You're unlikely to be able to gain any advantage from the error, but as b789 has explained, there's the potential for you to suffer a disadvantage if it isn't corrected and post goes missing as a result.
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H C Andersen

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #32 on: June 13, 2024, 08:11:22 pm »
The hire company gave them the correct address but Wise Parking made a mistake in the spelling of the address hence probably why the PCN to the hirer was not received.

How would you know, if you didn't receive it??

Submit a SAR and let's end the speculation and deal with concrete facts pl.
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Prinzo

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #33 on: June 13, 2024, 09:08:40 pm »
Quote from: H C Andersen on June 13, 2024, 08:11:22 pm
The hire company gave them the correct address but Wise Parking made a mistake in the spelling of the address hence probably why the PCN to the hirer was not received.

How would you know, if you didn't receive it??

Submit a SAR and let's end the speculation and deal with concrete facts pl.

The hire company sent notification to the hirer of the details passed on to Wise Parking to reissue the pcn with an attached invoice for their(hire company) admin.costs.

The notification indicated that Wise Parking will reissue the pcn to the hirer but the hirer never received any PCN or letter from Wise Parking till the letter from Trace which had a misspelling of the address and same with BW legal.
« Last Edit: June 13, 2024, 09:14:52 pm by Prinzo »
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H C Andersen

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #34 on: June 13, 2024, 10:58:12 pm »
Whereas a SAR would show the real PCN and everything else, not second-hand deductions.

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b789

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #35 on: June 13, 2024, 11:54:02 pm »
They are going to file a claim whatever happens. Don't request a SAR until after the claim is issued.
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Prinzo

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #36 on: July 11, 2024, 06:00:59 pm »
Quote from: b789 on June 13, 2024, 11:54:02 pm
They are going to file a claim whatever happens. Don't request a SAR until after the claim is issued.

Thank you for the help.

 By way of update, received letter from BW today confirming the file has been placed on hold whilst they query the matter with their client.

They will contact upon receipt of a response from their client.
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b789

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #37 on: July 12, 2024, 01:50:46 am »
Please show us the response you get as their clarification and requested information when it arrives. As I have already predicted, Wise are going to instruct BW Legal to file a claim. Let them.

Once a claim has been filed, you will be in a position to defend and put them on notice that they will be required to provide strict proof that they sent an NtH. Later on in the process, they will have to provide evidence of what they allege they sent. You will be able to see any NtH. They will also have to show that they also sent the necessary copies of document with that NtH in order to be able to hold the Hirer liable.

It is all months away. If you do want to see what information they hold about you, then you can send them an SAR, but not before the claim is filed.

In our defence, you will only be answering the woefully inadequate PoC which may not even state the cause of action, another arrow in your quiver to use against them.
« Last Edit: July 12, 2024, 01:52:54 am by b789 »
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Prinzo

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #38 on: July 13, 2024, 04:43:58 am »
Quote from: b789 on July 12, 2024, 01:50:46 am
Please show us the response you get as their clarification and requested information when it arrives. As I have already predicted, Wise are going to instruct BW Legal to file a claim. Let them.

Once a claim has been filed, you will be in a position to defend and put them on notice that they will be required to provide strict proof that they sent an NtH. Later on in the process, they will have to provide evidence of what they allege they sent. You will be able to see any NtH. They will also have to show that they also sent the necessary copies of document with that NtH in order to be able to hold the Hirer liable.

It is all months away. If you do want to see what information they hold about you, then you can send them an SAR, but not before the claim is filed.

In our defence, you will only be answering the woefully inadequate PoC which may not even state the cause of action, another arrow in your quiver to use against them.

Will do, thanks for the help.
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