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    • Yup, write that letter! And remember Marstons can go pound sand!
    • OO i see Dassault systems as acquired ANSYS.   So you are dealing with with same company 
    • yea so, in my case they went after my employer. Then stopped going after my employer and started going after me instead as they suspected me. I did not have the option of not replying as my employer replied and prompted me to reply.    I am not sure what the typical settlement demands are for the software package you being accused of using.    In my case they wanted me to either buy solid works premium with 1 year subscription which is like 11k USD. Even though I am being accused of using the basic package worth like 4k or 5.8k with subscription taxes etc.  The other settlement option they offered was for 5k with no software.    You should look up your countries court case filing data base to try and understand how litigious they are. How many case they have filed for similar infringements. The profiles of the accused company's and how those cases ended.     In my case Dassault systems had about 6 similar case filings in the past 3 years for all of the USA.    Based on my estimates it seems they are going after offenders enmasse and that the 6 cases represent a small percentage of total potential infringement cases. As solid works is a wildly popular software used by many. Just about any collage engineering student has a pirated copy of this.    So these were all factors I used in my decision to bounce black ignore.    You are dealing with ANSYS and so it is worth trying to understand thy enemy and try to understand their business model in pursuit of these cases.   For example the music industry wasted billions of $ with bit torrent law suits to try and make an example of ppl with the goal of scaring the masses to comply.   This was not Dassaults business model. Other then the 6 cases they filed (perhaps to make an example out of ppl) they seem to want to shake ppl down for easy license sales and settlement penalty fees.                 
    • Well it would be preferable that the seller took responsibility for it, but you already seem to be saying that you are not getting any replies from that person. You do have your own direct rights of action against Hermes under the Contracts (Rights of Third Parties) Act 1999. If you read around this sub- forum about Hermes delivery problems, you will find a lot written about it and you will understand. You say that it wasn't really discussed whether or not to go through the sales site checkout system – but it must have been surely. Somebody must have decided to do the deal directly. As I suggested, you could pursue Hermes but the evidence you have is very scant and I don't really fancy your chances. I think you haven't protected yourself properly – and the real problem is that the tracking number doesn't relate to your address. Generally speaking with these problems, you would have a tracking number that relates to your address and that it hasn't been delivered. Here we seem to have a tracking number the relates to a different address and apparently it has been delivered to that address. This makes it all sound very suspiciously like a scam and anyway, if you try to bring a claim against Hermes you would have to show that it was addressed to your own address – and you can't do this. Unless you can get some better evidence and get some cooperation from the seller, I think that you are probably going to have to suffer the loss. I'm very sorry about this – if you had checked out correctly and also if you had paid by credit card or by debit card then you probably could have gotten your money back. In fact it seems that all the normal methods of protection have been completely sidelined – and from the sounds of it, they were sidelined at the instigation of the seller. I don't know how you're going to ascertain if the seller is really at the address they gave you. That would be my starting point. I think you should make a couple of more tries to contact the seller – and I would keep it very gentle and very polite and not express any suspicion in them because otherwise they will simply close up and you will get an aggressive response or no response at all. If you try very gently and politely, you might eventually manage to coax a response. The other thing you could do is you can search the land registry register for that address and see who owns that property. Of course if they are simply renting the property then it won't give you any clues. I suppose it is more likely than not that they are renting the property – but you never know if it is not a false address then maybe their parents live there. This might give you something to go on
    • Hi, would appreciate advice on how to take this forward.   On 13/11/20 I ordered a TV and wall bracket from Currys. This was paid for with a re-loadable Currys gift card.The TV bracket was to be delivered on 17/11/20 but DPD turned up with a Coffee Machine. I refused delivery and they took back and this has been returned to Currys. I have contacted Currys via both their webchat and phone on 18/11/20, 25/11/20 & today (28/11/20) to ask they send the correct item out. I was told on the first call on 18/11/20 a exchange would be processed to get the TV bracket sent out. I heard nothing and I did a webchat on 25/11/20 where they said the incorrect item had been received back but the relevant dept hadn't processed the return so the exchange couldn't be actioned. They said they would escalate and to give them 48 hours. Having heard nothing I called again today and again they said they would contact the dept but I'm really feeling I'm getting the runaround. I would prefer to get them to send the correct item but this is dragging on and I'm getting weary of it all and I'm almost at the stage of asking them to just refund and getting the bracket elsewhere. The TV arrived ok but I cannot set up due to the non delivery of the bracket. Would appreciate any advice you guys have as to getting resolved. I live in Glasgow. Many thanks.
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Northern Rock Debt sold to Fairmile Recoveries


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I too have recieved another letter from them today, stating they will put a charge on my house, make me go to Crown court and answer to a Judge. The debt they are asking for does not exist. When Northern Rock sold my house the shortfall was covered by endowments. I received a letter from their Solicitor stating the balances and surprisingly enough there was nothing left after fees etc had been taken out but the outstanding debt to NR was cleared.

Untill this debt was cleared i could not be dissacociated from my ex husband, so once this debt had been removed from my credit file, i was given a brand new clean credit file.

I have just checked this file online and it shows only my present mortgage, my small outstanding credit card balance and my accounts. I do Not owe anything else.

Do I ignore this latest letter or let them take me to court to see if they can prove otherwise.

Unfortunately after 5 years i got rid off all old paperwork as i never thought i would need it again.

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  • 3 weeks later...

Hi Everyone,

 

Hope someone will read this with the benefit of qualification, experience, or foresight!

 

I'm deliberately being vague-ish in case some of the DCA pond life read these posts (I would be surprised if they didnt)

 

A "Friend" is currently being chased by these gonks over an alleged Northern Rock repo debt which arose in 1999.

 

To snip a bit, we SAR'd the DCA and recently received an A4 envelope containing copies of letters sent by NR up to 1999, then a gap of nearly EIGHT years till the NOA from NR (original NOT received by my friend) dated 2007.

 

1) The SAR results were received ordinary mail (damaged, too, although apparently without loss), not Recorded after 4 weeks. Should my friend treat the documentation as Not Received since there exists no proof that it has ever been delivered? (as per LOP act)

2) Would failure of the DCA to prove service of said SAR documents within the statutory 40 days be sufficient grounds (in court) to lose their case?

3) Although we don't know what my friend's ex-spouse has been telling (or even paying) the DCA, would the lack of any reference in the SAR to any communication whatsoever between 1999 and 2007 constitute grounds that both NR and the DCA have breached CML code of practice of not pursuing debts where no contact has been made for 6+ years?

 

My friends next move is to wait for DCA to make contact again, and reinforce previous letter that they are acting outside CML policy (which duty they inherited from the Principal)

 

Meantime, we will be contacting NR to ascertain if any Mortgage Indemnity Policy was enacted on repossession, as well as making a formal complaint to NR that no correspondence was received from them in 8 years despite them having full knowledge of my friends subsequent address.

 

I would really welcome any comments - good and bad - as based on the above assumptions my friends position is that they won't pay a penny unless legally obliged.

 

Thanks (to everyone for a Brilliant website)

 

the Arctic Wanderer

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I too have recieved another letter from them today, stating they will put a charge on my house, make me go to Crown court and answer to a Judge. The debt they are asking for does not exist. When Northern Rock sold my house the shortfall was covered by endowments. I received a letter from their Solicitor stating the balances and surprisingly enough there was nothing left after fees etc had been taken out but the outstanding debt to NR was cleared.

Untill this debt was cleared i could not be dissacociated from my ex husband, so once this debt had been removed from my credit file, i was given a brand new clean credit file.

I have just checked this file online and it shows only my present mortgage, my small outstanding credit card balance and my accounts. I do Not owe anything else.

Do I ignore this latest letter or let them take me to court to see if they can prove otherwise.

Unfortunately after 5 years i got rid off all old paperwork as i never thought i would need it again.

 

They are talking total rubbish, the Crown court is a criminal court, this is not a criminal matter, i would ignore this rubbish from these idiots, and get on with life.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 9 months later...

As you can see, my last post when I last head from these people, was last October, but today mI have had a lovely little note saying I am going to have a 'potential hime vist' That should be interesting!! Anyone else had a home vist from ARuk?

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Hi Ellijay,

 

Oddly enough, my mate SAR'd these scumbags in Sept 2008 and received the requested info in Oct 2008. Since then, not a whisper. She assumes that they've managed to locate and squeeze something out of the lowlife ex-husband, but we heard that he'd lost his job recently, and is not known for taking financial commitments too seriously.

 

 

PM me if you need any details, Id rather not post the minutiae here as I'm sure the pond lifers read these posts too.

 

Regarding home visits, please see

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Warmest regards.... the Arctic Wanderer

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  • 8 months later...

Need response very quickly everyone.

 

Asking on behalf of a friend, he had a mortgage, property was repossessed. This was easily 12 years ago, yet now he finds himself being sent letters by ARUK wanting money off him. He didn't have any knowledge of owing anyone any funds, thinking repossession was the end of any financial implications.

 

Are they able to ask for anything after such a long period of time? 12 years without any word from them at all!

 

Many thanks Steve

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Any mortgage shortfall would be Statute Barred after 12 years. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt make them prove a debt exists and they have the right to collect although you may have to send a SAR to the original creditor at a later date.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Mortgage debt statute barred after 12 years without acknowledgement. Council of Mortgage Code of Practice states (verbatim)

“From 1 February 2000, lenders who are members of The Council of Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than 6 years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall”.

 

The CML statement of Practice also addresses the assignment of debts in section 32 “If the mortgage shortfall debt has been assigned to another company, the principles of this statement will continue to apply"

 

Following up to my original posting in this thread, we've heard nothing from these parasites (Dominic Powell - Fairmile Recoveries) since Oct 2008 when they sent through the SAR material - and Hey Presto! - no record of contact on this account in 9 years!

 

I heard recently that Northern Rock was allegedly in bother for hiding over 2000 toxic mortgage accounts from shareholders.

 

They are fishing, don't worry!

 

hope this helps

 

the arctic wanderer

Edited by Nordkapp
incorrect acronym!
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  • 2 years later...

Hi All,

 

guess what, it's back again this time with Arrow Global who have been assigned the 'debt' from Fairmile via Drydensfairfax Solicitors.

 

This time they have added an income and expenditure form.

 

HAHAHAHAHAHAHA

 

 

Do I just send on the last stuff or just ignore this as have not had anything from Fairmile for a couple of years now??

 

 

Muchas

Matt

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