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davyly

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davyly last won the day on September 13 2013

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About davyly

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  1. Another extremely worrying and disturbing case. The chances of even the site owners sourcing the legal cases cited are pretty much nil I imagine, even were those cases relevant. Yet only yesterday I read of another Form 4 recommendation over an issue wholly inappropriate for such a serious complaint. Uncle Bulgaria - I believe you are correct regarding the Dubai issue and the real residence of the site owner not being there. I have a very interesting list of some site statistics for his site saved on my computer, I will email them to TT. I believe also that despite his statements to avoid Flame Wars and attempts to ignore TT's alleged obsession with him and his site(s), he still wrote and put up on the forum site another vitriolic attack on TT which should, of course, be totally ignored by anyone reading it. It is rather pathetic IMO yesterday. I'm afraid when he initiates things like this, it just proves his claims are misleading.
  2. I think the CAG editing machine has worked its magic on the link WD. I've tried fiddling with it in the address bar, but can't get anything that would fit this discussion to come up.
  3. I hope you're right. I can see no good reason for StepChange to be out of sync with every other body, not least the courts! I've tweeted to invite people from SC to join and comment about 3 times, but sadly there has been zero response. One wonders why?
  4. I believe that to be the case. I haven't checked recently, but a check is easily done. I don't know if I'm allowed to name Amy on here or not, or give her previious user name when she was on here. I will err on the side of caution and not name her publicly, though she has not afforded me the same courtesy, publishing my name and address, as well as a streetview description of my house and a description of a health issue I suffer which is ALL totally irrelevant to this. Where does the buck stop? Well, it was interesting to learn that online libel laws allow for overseas registered websites to be tried in the UK jurisdiction, the burden of proof is reversed, and is on the defendant. Whether other things can also therefore apply within the UK jurisdiction such as holding a CCL, being registered at Companies House, being eligible for tax etc.... etc..... I do not know. It would be good to find out IMO, as I feel the situation is getting out of hand. We post on here to help people on this site, not to defend ourselves against somewhat obnoxious characters on other sites.
  5. She would. I have suffered horrendously at her hands. A person with those tendencies with a bad influence behind her is capable of many things. I think I have emails somewhere to substantiate that. However, I do believe that the 'him' is behind it all, and believes for anything libellous they can hide behind hosting in another jurisdiction. This is not the case. A highly respected solicitors have published an article on this, and I have that TT if you want a copy emailed to you. The following is from an American site, but holds true in England and Wales: There are three categories of libel participants: Primary publishers, who are are strictly liable for statements that damage others, just like the standard for all authors. Distributors (Message boards, blog owners) - Distributors can also include traditional book stores or libraries, which are held liable if they know or have reason to know of the defamatory nature of the material. Conduits (AOL, Google) These companies hold no control over content and ordinarily are immune. It will be interesting to see if the comment in the Flame Pit appears or not.
  6. Can I first make one correction. The owner of the site is not a 'him,' it's a 'her' known there by a very leggy avatar in boots. He gives most of the advice. Secondly, it is a great shame the forums cannot work together towards a common cause. Given that particular forum is clearly unable to do this, and having seen and read first hand everything that has been posted on there, I would like to pledge my absolute support for TT and WD. The personal attacks they have faced there are dispicable, and the very fact the site owner allows the comments to stand speaks volumes about the site and the site admin. I hope sincerely that both TT and WD can see this for what it is. I appreciate fully that some of the allegations being made on there currently are serious, and potentially very damaging to someone's livelihood. That is clearly unfair, and I will pledge my full support in trying to get justice for that person. Meanwhile, CAG continues to do what CAG does best - give solid counsel based on experience and knowledge. At the end of the day, the people behind the user names are real people (usually), and we remember that and help them properly. Sadly, if they don't like the sound advice they get here, there is little we can do to stop them going elsewhere.
  7. These are important questions as they may dictate the way forward. TBH, IMO Payplan were possibly somewhat rash in negotiating a DMP over such a length of time. One has to question whether it was (or indeed is) the best solution for you. How much do you think you could afford to pay each month towards the PDL?
  8. Not helpful at all. If push comes to shove, as a last measure, after trying all other suggestions, you could go to somewhere like NEDCAB and start a new DMP including this PDL. It wouldn't be ideal, but it's an option if all else fails.
  9. Can I just clarify a few things which many seem to misunderstand: 1. The site is hosted in a different legal jurisdiction. This poses problems with regard to regulation. 2. The owner of the website is a 'he,' the owner of the forum is a 'she.' I believe both are hosted in the same place. He posts as though he is the owner of the forum. 3. The 'He' in all of this has recently formed links with yet another website run by a person of equally questionable character. This is an unhealthy combination. 4. The original thread existed EXACTLY as TT has described it, and the 'He' has a habit of attacking anyone who disagrees with him, or is proven correct. Threads then vanish off his site into a private area. 5. Until last week (or the week before) 'The Flame Pit' was not private. Why the sudden need to make it private now?
  10. When an agreement is subject to a Voluntary Termination in circumstances such as these, where the figure stated on the credit agreement has been exceeded, the finance company (Welcome) should cease reporting. Full stop. There should be no late payment markers. There should most definitely be no default. There should not really be any note of a VT having taken place, though this is done occasionally. The agreement is terminated voluntarily, as suggested by the words, 'Voluntary Termination.' Terminated, of course means finished, ended, ceasing to exist. If no agreement exists and no arrears are owing on it, then what exactly would Welcome report on? A non-existant agreement? I don't think so. A Voluntary Termination is initiated by the purchaser, not by the Finance Company. I wonder if this is where the Brig is getting confused?
  11. If the websites concerned are mentioned, it boosts their Google ranking which is the last thing we want happening. I agree their treatment of CAG, in particular TT is disgraceful, but sometimes there really is something to be said about not sinking to their level.
  12. One can but dream that this particular help forum (which does anything but help) will eventually have action taken against it, even if it is based in a different jurisdiction. Does that really preclude it from action in the UK? That poor trainee solicitor will be more cautious in future. How many more need to fall on this particular site's sword before it is removed? The people running it are liabilities.
  13. If they've accepted the I&E what Edrupt are doing IMO amounts to harassment, hence the letter I suggested. Another letter telling them about your mother's help will remove any doubts whatsoever. Remind them also of their obligation to to Edrupt. Did the I&E identify your mother as being in hardship or not?
  14. Re the MALG guidelines, it is the obvious first route to try given your Mum's pre-existing mental health condition, but only if it was sufficiently serious for her to be being treated under at least the GP and preferably a consultant. I've had great successes with these forms, but only in specific cases. You can always just try a letter asking them to write off the debt first, but for now that is not a priority, as there may be a better route, which you'd already mentioned, and have alluded to again this morning re the irresponsible lending route. CAB or similar are likely to be more help here as they would be face to face with you both, and things can be better explained. Clearly the lending was irresponsible, and while I haven't heard of the £30 per week issue, I think the very fact they have misrepresented the figures so badly speak volumes. There is a criminal offence of Fraud by Misrepresentation which could potentially be pursued, but I'm not really qualified to advise on that, nor would I try it before other routes have been tested and exhausted. I would go to the CAB and take all the documentation with you TBH. They can do a professional I&E and may be able to resolve certain things there and then. One thing is fairly certain, Provident will be very keen to avoid going anywhere near a court with this, so if they threaten court action, I think you can reasonably safely ignore it. Obviously I'm not in a position to give a 100% guarantee, but any judge looking at this would only be able to decide one way IMO. For me, my priorities would be twofold. Firstly, putting things into place to protect your Mum into the future. Secondly to get to CAB and show them everything. Ideally you need someone working on a one to one basis with you here rather than trying to resolve it all over an internet forum. We're always here, and more than willing to help whenever needed though.
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