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dedicated

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  1. Hi all, I wanted to provide an update on this for two reasons; (1) - To show how a bad situation can be made much better and; (2) - To finalise it; After spending almost 3 months building a case against First Found for breach of contract and also the breach of s40 of the Administration of Justice Act I received a letter on Wednesday this week (26th April 17) from their Operations Director acknowledging the mistakes that were made which was a welcomed letter and far more professional than previous correspondence. It opened up a communication channel between us before I was about to issue proceedings. As such, First Found have refunded the full amount of what was paid and also an additional 20% of that amount for the inconvenience and time dealing with the matter. I would like to take the time to say thank you to Sharon at First Found for the way in which we have now managed to resolve this issue and also to the members of this forum for their advice. I will be updating the other posts on social media etc to reflect the outcome over the next few days / week as I can find them. I'll also pop a few quid into the donation tin for this forum too.
  2. Thanks BazzaS - I've got it. It's in hands of my solicitors now.
  3. Oh and I'll be delighted to pop a few pounds across to say thank you for the advice and ideas, always helpful when you have more than one mind looking at something. I'll donate a few pounds I would have paid FF. He he he.. .. The plot thickens... Seems TS in Manchester have also had two complaints about similar practices. Oh dear, perhaps they may (FF) consider taking some legal advice with regards to the Business Marketing Regulations as well. I've also a case for Breach of Contract which I shall pursue.
  4. It's just pathetic. If they had any claim they would have gone ahead with it. Next time, follow the correct procedure and of course, learn how to bluff. I am going to write back to them with a suitable response but like I say, this isn't "concluded".
  5. I have to say, these people are complete chancers. Letter received just a few moments ago; "Dear Mr Thank you for taking the time to respond to our letter dated 27th Jan 2017 regarding the arrears on the your account. Our notes show that we have tried to make contact on multiple occasions via telephone and email to discuss your account however no response has been offered to any of our emails or messages until now. We are always extremely reluctant to take further action against clients and look to avoid any proceedings where ever possible. It is disappointing that we were forced to consider taking action against you considering the number of attempts we made to resolve this with you. It is clear that you do not want to respond to our attempts in order to reach an amicable resolution. I have therefore taken the decision to close the account with immediate effect. We trust that this concludes the matter. Yours sincerely, Joanna Stone Business Support Manager" "We trust that this concludes the matter." - Not a chance in this lifetime First Found. This is still in the hands of TS and I will forward this letter to them also this afternoon. This is also the same person TS spoke to last Friday who claim they have transcripts of the telephone calls, I look forward to seeing them as well. This is laughable, they didn't consider taking action, they threatened it with the most unorthodox methods ever. This sits now with Trading Standards and the only difference it will make to the police is that the action of Blackmail stops at this point as they have ended the threat. I would love to see the email headers they sent to me with their so called contact on???? They self confessed to 23 calls, probably more but hey, who's counting. Quite frankly First Found are an awful organisation. Not a chance in hell is this going away as far as I am concerned.
  6. Of course Andy, another source to consider. I am presently sending everything over to TS and LP as well as the ICO. Once I have got that out of the way I will look into the additional ideas you have suggested. Thank you....
  7. My thoughts exactly Andy. However, I am grateful for the helpful ideas from here and from this point moving forward I will let the thread come to rest. Should anything come up I will come back but I won't be naming the company, that way they have no way of identifying any help being received. Also, they don't issue credit so the FCA is a no go. However, TS and the Police are and I am presently putting documentation together for the ICO as well. I'm glad they get email updates with the thread, as do I and I will part with this. I will not go away, this is now a mission to make sure that FF are unable to do this to other people in the future. Again, thanks to everyone here, with the exception of course of FF.
  8. Well, now it seems that FF have told TS that they have transcripts of telephone conversations between us. I spoke to them (TS) today and they (FF) have blatantly denied everything. What sort of a company sends out a Court Form with misleading and false amounts on - point 1 TS are interested in (this is good, if this does move forward it will certainly make others think about this type of practice). Point 2 - FF claim they have recordings of telephone conversations - this is laughable, considering I haven't spoken to them since September, I would love to see these. They don't make anyone aware of conversations being recorded, TS have advised me to contact the ICO in relation to this, next stop. Lancashire Police are now being contacted as well. First Found are not a credible company and with everything they have done and produced in writing it just backs it up. TS are taking an interest in this now and have requested copies of everything I have, including the contract which may fall foul of the Unfair Terms in Consumer Contracts Regs 1999. Still no issue of a Court Document from MCC and they haven't received anything either. FF, credibility is zero.
  9. With respect Ganymede, I will only tell the facts. I won't coerce anyone or attempt to so regardless if you recommend it or not, I have a huge reach and I am a very highly respected member of the profession so I don't care about recommendations, I care about making sure that other people may not fall foul of similar issues.
  10. Yeah, well, they make their bed......... I only hope that it is taken as seriously as Trading Standards are taking it. I haven't even started with blogging about it and reaching out to the thousands of Photographers I can reach in the UK. Regardless of what happens in the future I will push and push to make sure this has a negative impact on any future business they can get with Photographers.
  11. It's been recorded and I'm now in the process of putting together everything I have to be sent to them. Because I don't live in their force area it is by snail mail.
  12. Absolutely. I am on the phone to Greater Manchester Police right now. Not unsurprising either but no contact or response to the letter I sent them on Saturday.
  13. Just a quick update. Called MCC again this afternoon and still nothing filed. TS are interested in this matter and they have also been sent copies of all the documentation and from this forum. Just to keep everyone in the loop with what's happening.
  14. Of course I will, although if they do proceed, I will as someone suggested take great pleasure in showing the document they sent out to the judge and to bring to light their intentions with regards to their costs (or lack of them) and their intended deception . As for the PI, that's a matter for GMP to consider as it the offence was committed on their territory. Just to bring this into more perspective, this is the letter that was sent to FF on Saturday 28th January 2017. Names of individuals removed; "In regards to your letter and copy of form N1 County Court Claim Form, I must advise you that any Court Action will be vehemently defended in full. The claim is disproportionate and menacing. I feel I must point out that the amount of the claim is for £241.27 which is below the figures set out by Her Majesty’s Court and Tribunal Service (HMCTS) of £300.00. As such, a claim in a paper form is £35.00 or £25.00 if online, the figure of £170.00 is extremely disproportionate and not inline with the stipulations set out by HMCTS. There have been no solicitors involvement at all and I am very aware that you are not permitted to levy solicitors costs and they are not claimable at the amount you suggest of £500.00, as such the figure you have listed for the Court Fee of £170.00 is also incorrect. In the event you decide to reduce your claim I will bring to the attention of the Court the documents now in my possession which you have sent as evidence of the tactics you are using to intimidate and obtain payment. This method of tactic is menacing and deceptive and I will put this to the court and fully expect the court to take a very dim view on this as it amounting to an abuse of process using court documents to make an unjustifiable threat. In July 2016 (employee name removed) disabled a Copyright Protection Plug-in from my web site which resulted in loss of revenue as it allowed clients to download images from my web site that I would have otherwise sold to them. This is negligence, lack of care and due diligence and will be sought in a Counter Claim. I have evidence of emails sent that raised concern that work undertaken by First Found has not made any improvement and no response was received. I wrote to First Found at the end of October 2016 outlining my concerns and no response was forthcoming. I documented in that letter that no further payments would be made on the account until I had a breakdown of the work undertaken and the number of hours accrued. You have also suggested that you are still working on the web site even though when I ceased payments after failure to respond to my letter in October that you were still working on my web site, this is a blatant lie as I changed all passwords and removed access to the web site at the time. All further communication shall now be in writing only and you are hereby notified to cease all calls to both my mobile phone and home telephone. I look forward to your response."
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