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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Virgin media £8k Voip fraud


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Hi all

I was a virgin media customer for years before someone manages to hack into my connected sipura voip modem device making it dial prem rate numbers and ran up a bill of £8000 in a matter of 3 days somehow bypassing the credit limit on my account.

I have sent an email and called vm to try and sort things out to no avail Vm have made us responsible for the bill blaming the third party device and saying I shouldn't have had a third party device on the line?

 

Somehow I think that vm are not telling me everything and that it could be someone inside vm that was the person who made the calls how was my credit limit bypassed?...

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Simply refuse to pay it

Stuff all they can do to tou

 

No harm in reporting it to actionfraud either

 

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 and Welcome to CAG

 

How do you have a credit limit with VM ?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks for responce...

I have been in contact with action fraud.

... loved my vm connection and would love to get it back.

...i just wish vm would take it to court as it's been passed around different debt Agencies...

would like to get this sorted so we can get vm connected again...

 

Vm have a had max credit limit on my account to stop very large bills...

 

even the person at Vm fraud team said he did not understand how the bill could get that much without alerting me that something was happening,,

,£8000 in 3 days thats a lott!

 

looking at my bill its numbers is nigeria and some other numbers that the person prob owns and he calls them to make ££££

 

the same thing as the dialers in the dialup days but this was not a dialup modem.

it was a sipura spa-3000 a voip gateway device..

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even the person at Vm fraud team said he did not understand how the bill could get that much without alerting me that something was happening,,

,£8000 in 3 days thats a lott!

 

.

 

 

Presumably you didn't record this. Read our customer services guide and implement the advice there. Then have further phone calls and see if you can get someone to say broadly the same thing – but this time recorded. Then I think you have a basis for a good case.

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So was your VoIP account with VM?, Normally the VoIP modems just use the data side from your BB provider and you pay someone else for using their VoIP service.

I would have thought the bill would be from your VoIP provider?

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Isn't the Spa-3000 a PSTN/LMCE/Asterisk gateway, rather than VOIP? So although connected to your network, it still uses the PSTN line to make calls.

 

 

If this was a call to Nigeria, standard VM rate is 168.51p/min. So assuming that it didn't get cut off, or it re-dialed each time it did.

 

3 days is 4,320 minutes.

 

4,320 times 168.51 is 727,963.2p or £7,279.64p

 

 

But that doesn't answer the question of how it seems to have busted through the cap that you had on the line/credit limit on the account. The only suggestion I have for that is that it wasn't properly applied by VM. So VM are going to have to swallow it.

 

 

 

As for being told by VM that you should not have connected it. Their standard terms & conditions do not exclude attaching your own equipment to theirs (although not replace their actual modem (which you didn't)), the only mention of it is that they will not guarantee that it will be compatible, so that's a non starter as a get out for them as well.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Isn't the Spa-3000 a PSTN/LMCE/Asterisk gateway, rather than VOIP? So although connected to your network, it still uses the PSTN line to make calls.

 

 

If this was a call to Nigeria, standard VM rate is 168.51p/min. So assuming that it didn't get cut off, or it re-dialed each time it did.

 

3 days is 4,320 minutes.

 

4,320 times 168.51 is 727,963.2p or £7,279.64p

 

 

But that doesn't answer the question of how it seems to have busted through the cap that you had on the line/credit limit on the account. The only suggestion I have for that is that it wasn't properly applied by VM. So VM are going to have to swallow it.

 

 

 

As for being told by VM that you should not have connected it. Their standard terms & conditions do not exclude attaching your own equipment to theirs (although not replace their actual modem (which you didn't)), the only mention of it is that they will not guarantee that it will be compatible, so that's a non starter as a get out for them as well.

 

Yes - It connects to both the router and the PSTN socket on the wall. Because calls are dialled in - Mobile to the gateway where it then dials out over the internet to permit cheap calls.

So technically it is a PSTN Gateway but also does use VOIP. Im guessing that someone hacked into the box and busied up the landline for a few days constant dialling to Nigeria of all places.

 

Tollfraud is a nasty thing. If they have Telnet'd into your VOIP Gateway... They can make some funky things happen!! :/

 

As for VM well... Difficult to say. They are technically not liable for it as was a 3rd party gateway. However you would think tthat their Tollfraud teams would have picked something up and also why didnt the credit limit kick in and bar the line?

 

Nigeria is classified as a high risk country - VM should do more - Have you emailed the CEO?

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I knew you'd know. :lol: Thanks for the much better explanation than I could manage :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Thanks fko

 

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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