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b w legal , stat demands in scotland, and the fca - complaint

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  • b w legal , stat demands in scotland, and the fca - complaint

    With a number of recent statutory demands being served by b w legal (or walker love on their behalf) for Lowell, and their ignorance over the returned denial slips continuing to threaten sequestration petitions, I wonder whether a complaint should be made to the FCA.

    I'm sure we only see a tiny proportion of cases on here, and others may not realise that the letter following return of the denial slip is simply b*ll*cks. Once the denial has been returned then they cannot proceed with a petition for sequestration , although they can take court action.

    To me it seems they are hoping people will be scared by the threat of bankruptcy and just pay up, not realising they simply don't have the right.

    If the four/five cases on here all wrote complaints to the fca it might have some effect? We could draft a complaint using the new consumer credit sourcebook rules ?
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    Tags: None

  • #2
    Re: b w legal , stat demands and the fca - complaint

    CoNC.

    Proportionality


    CONC 7.3.14

    01/04/2014

    FCA



    (1) A firm must not take disproportionate action against a
    customer in arrears or default.

    [Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

    (2) In
    accordance with (1) a firm must not, in particular, apply to court for an order
    for sale or submit a bankruptcy petition, without first having fully explored
    any more proportionate options.

    [Note: paragraph 7.14 (box) of ILG]





    CONC 7.3.15

    01/04/2014

    FCA


    A firm should not make undue, excessive or otherwise unfair
    use of statutory demands (within the meaning of section 268 of the Insolvency
    Act 1986) when seeking to recover a debt from a customer.

    [Note: paragraphs 7.10 of ILG and 3.7n of DCG]
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Re: b w legal , stat demands and the fca - complaint

      CONC 7.11 Disclosures relating to "authority" or "status"


      CONC 7.11.1

      01/04/2014

      FCA


      When contacting customers, a firm must not misrepresent its authority or its legal
      position with regards to the debt or debt recovery process.




      CONC 7.11.6

      01/04/2014

      FCA

      A firm must1 not suggest or state that action can or will be
      taken when legally it cannot be taken

      CONC 7.11.7

      01/04/2014

      FCA

      Examples of where a firm is likely to contravene CONC 7.11.6 R include where a firm or a person acting on its behalf:
      (1) states or implies that
      bankruptcy or sequestration proceedings may be initiated when the balance of the
      outstanding debt is too low to qualify for such proceedings;
      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Re: b w legal , stat demands in scotland, and the fca - complaint

        It really is time when this shower of shysters were hit where it hurts. A kick in the wallets.

        I know Cel has punished them but its a mere drop in the ocean. They are parasites breeding on peoples misfortunes.

        Comment


        • #5
          Re: b w legal , stat demands in scotland, and the fca - complaint

          Originally posted by Amethyst View Post
          With a number of recent statutory demands being served by b w legal (or walker love on their behalf) for Lowell, and their ignorance over the returned denial slips continuing to threaten sequestration petitions, I wonder whether a complaint should be made to the FCA.

          I'm sure we only see a tiny proportion of cases on here, and others may not realise that the letter following return of the denial slip is simply b*ll*cks. Once the denial has been returned then they cannot proceed with a petition for sequestration , although they can take court action.

          To me it seems they are hoping people will be scared by the threat of bankruptcy and just pay up, not realising they simply don't have the right.

          If the four/five cases on here all wrote complaints to the fca it might have some effect? We could draft a complaint using the new consumer credit sourcebook rules ?

          I would be happy to send in a complaint once mine has been dealt with!

          Comment

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