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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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      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.

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Metropolitan Collection Services - Action on a stayed claim


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  • 1 month later...

Got a court hearing date for the 10th july 11am. A little worried as not been to court before. I sent the n244 as advised. What do i need to take to court and what can i expect?

Its better to live one day as a lion than a thousand days as a lamb!!!;-)

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Hi johnny ,

 

Have a look at this thread - round about #135 onward - it may give you some pointers, bearing in mind it's from a defendant's point of view rather than a claimant's............

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/130503-court-tomorrow-set-aside.html

Edited by johnnymitch

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Sorry , johnny - please note the # change :oops:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hiya Johnny don't be intimidated by the experience I have been into court about 4 times now and I'm getting to quite enjoy it :D.

 

Take proof of your own stayed court case for recovery of the penalty charges and details of whats left of the debt that the CCJ was placed against.

 

Tell the judge you have come to realise the original debt was made up of charges that you believe are unlawful and you are now trying to recover and you think the CCJ should be set aside and both claims joined together and stayed pending the outcome of the test case or both go forward to a court hearing.

 

That will stop them from using the CCJ against you or force them into a court room (don't worry the judge and the bank wont want the hearing option don't tell them you don't either :D).

 

and have fun :)

 

pete

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Please do - it adds to our knowledge of the subject to hear someone else's experience ........ :)

 

Best of Luck

from one johnny to another ......:D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Oops! sorry pete :o I forgot this was your thread..... :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Aw, thanks pete - :) Spread it then, - spread it!!!!!! :lol:

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Contact Details (MCS)

 

Freephone: 0500 99 22 99

International: 00 44 121 455 2375

Registered Address:

56 St. James Road

Edgbaston

Birmingham

B15 1JL

Registration Number: 1475006

 

There you go raz....... same address as HSBC :rolleyes: Surprise,surprise......

If the freephone number doesn't work - I think the number (judging from the international one ) would be : 0121-455-2375 -it is -I've just tried it!LOL!

Edited by johnnymitch

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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BH - I'm going senile pete, I forgot it was already on your thread - DOH!:o

 

As a matter of interest I got this from slickwilly on the Barclays site - have you seen it........ and is it worth broadcasting on a sticky do you think........?

(http://news.bbc.co.uk/1/hi/business/7498178.stm)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Yep! You're probably right pete -just seems to take forever , doesn't it ? :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 4 months later...

We were declared bankrupt in June but HSBC recently instructed MCS to collect the debt which formed part of the bankruptcy. The Official receiver wrote to MCS and reminded them of the legal situation. Their response was to send the bailiffs to try and collect my (Motability) car. I have to say that I am worried about their next move - even though they have no legal right to pursue this debt. We have a complaint in to the FSO but it may well be many weeks before they get round to dealing with it. I am thinking of going to the media - does anyone have any experience of this>

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Hiya Messy, what Metro are doing to you defiantly constitutes harassment, if they arrive on your doorstep again contact the police and ask for them to be removed, they have no legal backing for continuing to progress the collection of a debt that formed a part of a bankruptcy.

 

pete

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Geez, they're getting worse pete , if that's possible :rolleyes:

 

This is not a normal DCA , but part of a major bank's collection service . Ignorance of the law is no excuse for them, they work from the same building as the bank's solicitors, for goodness sake ! :mad:

 

That's good advice from pete ,Messy - don't take any nonsense from them , they can't have a warrant to collect on this ... set the law on them .

Edited by johnnymitch
missed a word! LOL!

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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They do know they cant take my car becasue it is a Motability car - and in any case it is my husband who is actually bankrupt not me. However, the nearest Police Station is 12 miles away and ofc ourse by the time you have rung the Police and they have actually arrived the bailiffs have gone. I am not to bad at handling these people but I despair for those people who are unable to cope with this intimidation. I really am feeling that I should see if I can interest the media in this but as an ex-journalist I know that any newspaper running this would want some other stories to back mine up - any volunteers?

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Oh Hell - I was just about to write as you did to MCS - our debt is part of a bankruptcy and what happens but they telephone and give us 24 hours to pay. My husband is bankrupt but it appears that he made his daughter a partner in the business that went bust and she is now liable for the whole debt. She is blaming us and expecting us to pay - and her husband is extremely threatening. My husband now say that the only person who can make an agreement to pay is me - because I am not bankrupt and dont have a threatening husband - but why the hell should I? The debt is supposedly stayed whilst HSBC sorts out whether the daughter is liable or not - and meantime Im getting all the flak. Excuse the outburst but I am completely ****ed off with the whole thing.

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Inland revenue and the Offical receiver were happy that it was a sole trader but HSBC say that becasue a loan form was signed it both names, it constituted a partnership. In fact daughter signed this form because she though as a signatory she had to. She had no idea at the time that this would make her liable for the debt. I complained on their behalf to HSBC when they first came after her that they should have made the terms and condtions clear but they denied any responsibilty for this. Currently, HSBC had told us that they were staying any collection action whist they investigated the complaint but clearly they have not bothered to do so. The pressure from the family on me to sort this out in huge (and of course completely unfair but what can I do).

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