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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ACS Law : ACS:Law withdraw from ALL cases - BBC NEWS


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http://www.bbc.co.uk/news/technology-12253746

 

well done caggers!

 

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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ConsumerGroupsFriends.... this is some extremely good news.

 

I cant thank the people on this forum enough for the held, guidance, advice, support, time, effort, research that has been put into it all.

 

Any one who has even participated with a post to any one victim to this should be happy inside. A lot of sleep was lost over this.

 

 

Much love

 

xxxxxxxxxxxxxxxxx

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It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

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Those who received such letters may pursue ACS: Law for harrassment, said law firm Ralli, which represents some of the defendants

 

Don't look past this very important point and lets keep an eye out for any such follow ups.

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To be honest, I am not that concerned about the probably fairly pointless idea of pursuing the odious Andrew Crossley or ACS:Law for harassment. I hope that Andrew Crossley crawls away into some deep, dark hole and if he has a wife, children, surviving parents, colleagues or friends they all get to find out about the disgraceful practice he has been engaged in and react accordingly.

 

I am very concerned about the precedent and the release into the public domain of the names and addresses and perhaps even the phone numbers and credit card details of tens of thousands of people.

 

Let us not forget that this was an exploitative attempt to obtain money through intimidation, the threat of significant financial loss or by means of exposure, the loss of employment and breakdown of relationships.

 

I would be far more interested if Ralli or others were to pursue the legitimacy of this sort of extortion and blackmail and if the ICO and SRA were to come down very heavily on Andrew Crossley.

 

 

Incidentally, I can't believe the sympathetic stance being adopted by the media who still seem to portray Crossley as some sort of victim of a gross injustice - a least the Telegraph appears to have chased up on his claims of bomb threats. What about the claimed accident that prevented his appearance at the first hearing, what is te truth behind that?

 

The little known Computeract!ve also deserves a round of applause :)

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I agree that the outcome should seek to close the door on this kind of threatening behaviour in future, but I for one don't think Crossley & Bowden should be let off the hook so lightly. If nothing else it would set an example to others to considering to act in such a manner.

 

Personally, I'm not interested in an ambulance chase of being rewarded for being harassed. But to punish those who acted in such a way to the extent that they lose all their ill gotten gains is surely a justified act. I don't want to see these merciless cowards benefit by so much as one single penny for this act. I'd be quite happy to recover all collected damages into a charitable donation, just as long as AC & LB can't say this has funded so much as a car payment or one drop of fuel for his Jeep Compass (not quite the Lambo or Ferrari he was expecting)!

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I am so pleased. I will never forget how I felt when I opened that letter. All the posts on here helped me make the right moves and I never sent the guy a penny. There are thousands like me. I hope he feels as bad as all of us put together. A first class S**T whose greed overcame any thoughts of the effect he had on people lives, hiding under a smokescreen of self righteous, hypocritical, double standards. Fortunately he became too arrogant, made too many mistakes and will now pay for it. Don't feel sorry for him, I hope he gets locked up

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  • 2 weeks later...
It also may not be the end of it... sorry. But until the ruling excludes MediaCAT for continuing to act on the NPO's already obtained then it's only ACS out of the picture. This needs to be finalised and MediaCAT prevented from continuing this harassment through other parties.

 

Now Judge Birss has given MediaCAT and the copyright owners involved 14 days to join the action before it faces being struck out.

 

Judge Birss had been concerned that if the case was simply allowed to drop when ACS Law pulled out, the defendants could have had the action resurrected by another firm representing the copyright holders.

The judge wants to drive the final nail in their coffin.

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Judge Birss said he had considered making an order preventing Media CAT from issuing more proceedings, but as the company had been declared insolvent this was not necessary.

 

Instead he set aside notices filed by Media CAT to discontinue the case and said: “I will hear counsel as to whether in the circumstances as they now are there if anything would be served in requiring Media CAT to apply to join the copyright owners.”

 

A spokesperson for defendant solicitors Ralli said the cases were stayed until 16 March. The claimants must discontinue within two weeks if they wish to do so.

 

Ralli and Lawdit are both applying for costs orders against ACS:Law. Coyle said he expected the judge to decide on costs in the near future.

 

In an emailed statement Crossley confirmed he had closed down ACS:Law and informed the Solicitors Regulation Authority (SRA). Crossley said he would not comment further.

 

A spokesperson for the SRA said it had not yet received notification that the firm had closed. The spokesperson added that it was pursuing its misconduct case against Crossley.

http://www.thelawyer.com/acslaw-file-sharing-claims-dropped-as-firm-closes-doors-for-business/1006896.article
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There has been some speculation that some of the material that people have been invoiced for was not even owned by the copyright holders that MediaCat had an agreement with. One poster commented that they had looked into it and found that the film title that was on the invoice letter, was actually owned by a Dutch company that was no longer trading.

 

Makes you think that the copyright owners MediaCat have an agreement with are unlikely to join the action. Even if they could prove that they had copyright for the material in question, I doubt that they would wish to incur any costs, when the current actions are looking doomed. Surely if they had received positive legal advice that they could take legal actions themselves with a good chance of success they would have done this themselves, rather than allow somone else to do so, with the consequences we are currenly seeing.

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