Penalty charges website-problems and resolution.**NOW BACK UP AND RUNNING**

[Bookworm]

Today PC also got restarted... ;-)

 

Sorry, but what has Martin Lewis got to do with this? Have I missed something? :-?

[Rooster-UK]

You'll be glad to hear that Penalty Charges are moving to new servers owned by a different host.

It's been a difficult time for Stephen and his team, but it looks as though he's coming through it.

 

It may take a day or two to implement and for the DNS to be resolved but be patient.......

 

Like Arnie........He'll be back!

[gyzmo]

Reading he explanation that I received by email, I think that half of the businesses registered under the CCA would be closed down as well as most charitable organisations.

 

The company that made the threat are simply bullies. And they can feel free to sue me. 100% of nothing is all they will get

[micko19]

Today penalty charges forum got closed down.... I have always used both sites with huge respect..Sometimes CAG so busy the only one that will talk to you is penalty charges ....no offence meant they are as well meaninfg as you guys......... Some of their advisors have really saved my bacon....Allyou guys have taken on the bigeest powers in the world...they are currently taking as much property asxthey canget away with because no one knows repo law... there is no refereee i n the financial market apart from cag and pcf please help each other. we are watching Mike Tyson beat up a 3 year old with a large base ball bat ...at the end of this we will see richer banks and folks with less power than ever please Martin try to help Stephen Hone a genuine pioneeer i nthe fight against banks Stephen hone wrote me one letter of support begfore court against ge and i heard you talking about repo this morning you are kindred spirits dont let pcf die or perhaps amalgamate their advisors with your own and very good some are.....sorry for ranting

big love

 

micko

Edited October 29, 2008 by HSBCrusher

[Lula]

it is already back!

[HSBCrusher]

merged loads of threads wishing well to Stephen and his site

[gyzmo]

here here

[MARTIN3030]

Phew...that was one 24 hours.

Good to see that in the spirit of things-its brought people together.

Those who have questioned Cags take on exercising a little restraint when posting,may now understand the importance of that.

I believe we have the weight of law and regulations in place to take to task those who dont play by the rules themselves, without inviting those people, or organisations to benefit from our grievances.

It just means using some common sense and having a little patience.

[kia]

glad to see there back was shocked to get that emails few hours after happy birthday one :)xxkia

[SURFBOY]

Can anyone suggest how i could log back on to PCF again as i am unable to do so, or is it me just being thick?

[callumsgran]

Can anyone suggest how i could log back on to PCF again as i am unable to do so, or is it me just being thick?

No surfboy you are not being thick, some of us cant get on just yet

Something to do with our ISP's or something

Should be on within the next couple of days though

[Rhia]

Good to see all resolved Stephen. All I can say the combined collective of us all must be doing some serious damage for people to try this sort of pressure on (my guess it was a DCA). Keep up the good work.

[andrew1]

Good to see all resolved Stephen. All I can say the combined collective of us all must be doing some serious damage for people to try this sort of pressure on (my guess it was a DCA). Keep up the good work.

 

The whole industry is changing Rhia, there is some serious re-adjusting going on out there and about damned time too...It's quite lifting really thinking they are trying so hard to shut us up and failing all the way down the line

[pt2537]

Stephen Hone/Penalty Charges

 

27/10/2008

 

 

Dear Stephen

It has recently come to our attention that your web site http://www.penatlychargesforum.co.uk appears to offer advice and

seems to encourage the borrowing of money from companies without the intention of repaying it.

The nature of borrowing money with the intention of never repaying is viewed as deception, and is a clear breach of s.15 of the Theft Act 1968.

Here are some links of examples

http://www.penaltychargesforum.co.uk...ad.php?t=45733

http://www.penaltychargesforum.co.uk...t=payday+loans

For example this link http://www.penaltychargesforum.co.uk...t=payday+loans

shows one of the forum users telling someone to cancel their direct debits and change their contact numbers to avoid contact.

These people are freely admitting that they cannot afford to borrow the money, but borrow it anyway, then openly use tactics they have learned from each other to avoid repaying.

This is not only a breach under s.15 of the Theft Act 1968 but is also a breach of our Terms and Conditions of service s.

4.3 to include s.4.3.4 and s.4.3.5

We hereby suspend your hosting and put you on notice to take action and to immediately remove all references to these kinds of activities and any forums relative to these activities and actions.

Our terms and conditions are attached.

Kind Regards

Carl Fearby

Managing Director

Paper Hat Creative Limited Relevant part of T&C's

 

 

Hmm, seeing that i specialise in criminal law, i thought it prudent to point out to who ever wrote that message that they need to look at the Fraud Act 2006

 

Section 15 Theft Act 1968 ( the old deception offences) have been repealed by the Fraud Act 2006. a whole new raft of offences have been created by this act, so if it were i that wrote that message to Stephen, id be feeling rather embarrassed about now . I do hope that the person who wrote it reads this;)

 

furthermore, i have yet to hear of anyone being prosectued for enforcing their statutory rights under the Consumer Credit Act 1974. indeed if you borrow money and there is no compliant credit agreement underpinning the borrowing then it is NOT an offence to adivse someone to cease paying as they will be enforcing a statutory right

 

I find this unbelieveable that this could happen to stephens website, its shocking

[Michael Browne]

And it's comforting that the threads they're complaining about are still there, so they've acheived errrr..... bu**er all

[photoman]

Pt

 

Yes, I'm sure there will be some red faces about.

IMHO this also smells rather amateur and so perhaps not something a better informed DCA would initiate ?

 

Yes, agree there is no offence being committed by advising people of their right to refuse to acknowledge and continue paying a debt if no enforceable agreement is produced in response to a request under CCA74.

 

However I believe the OP's implication was that some members were suggesting to others that they now go out and take out loans, with the advance forethought and intention of never paying them back by simply utilizing a CCA request.

I'm sure such a plan of action is indeed fraudulent, and so perhaps also is the act of suggesting to others to go out and do so.

 

That said, from what I have seen in the posts cited in the above letter, then I don't think any such advice or incitement to commit such fraud was actually given (subject of course to the fact that the posts may have since been edited or removed).

[Michael Browne]

(subject of course to the fact that the posts may have since been edited or removed).

No they're still there all unedited and having read through them if they are the most damning threads they can find , I don't think there's anything to worry about. I am however appalled at the spinelessness of 1to1

[Turboman]

This post by Ian1969UK in CCS

 

Also just a reminder to everyone to be vigilant as to what personal details you share. Our member over at PC whose post inadvertebtly started all of this also put details of where he worked in his public profile.

 

The person who complained to the hosts also contacted his work to say he had been giving this advice and had been on the site during working hours. This has now led to an investigation at work for this member and possible disciplinary action.

[andrew1]

Pt

 

 

 

Yes, agree there is no offence being committed by advising people of their right to refuse to acknowledge and continue paying a debt if no enforceable agreement is produced in response to a request under CCA74.

 

However I believe the OP's implication was that some members were suggesting to others that they now go out and take out loans, with the advance forethought and intention of never paying them back by simply utilizing a CCA request.

I'm sure such a plan of action is indeed fraudulent, and so perhaps also is the act of suggesting to others to go out and do so.

 

That said, from what I have seen in the posts cited in the above letter, then I don't think any such advice or incitement to commit such fraud was actually given (subject of course to the fact that the posts may have since been edited or removed).

 

Don't you think though PM that it is the Creditors responsibility to make sure their agreement documents are in fact legitimate and their credit referencing checks sufficient to ensure that anyone they do in fact lend money to is entitled to do so? The mere fact that going out and getting loans so easily has generated this culture more recently, since we have all found out how legally flimsy these Agreements actually are in law, to test them?

 

Whilst morally I have issues with borrowing the money and being supplied funding and not paying it back it's a very different issue when Agreements are enforced when they shouldn't be - what people are doing is exposing them for what they are. I would never condone fraudulently obtaining monies, but lets be honest, the Credit industry has only got itself to blame for this. If they got it right to begin with it wouldn't be happening. I have a loan agreement which is totally unenforceable and being taken to court over it with the intention of the OC to repossess me. I mentioned to the Judge on one occasion that I morally had an issue with this counter claim - she said " We are not here to judge morals, just the facts" says it all really

 

My response? - tough!

 

Sarah

[photoman]

No they're still there all unedited and having read through them if they are the most damning threads they can find , I don't think there's anything to worry about. I am however appalled at the spinelessness of 1to1

 

Michael,

Actually, I think some of the posts have indeed since been edited.

 

If you look at the thread here:

 

More Payday loan sneakiness - Penalty Charges Forum

 

You will notice:

1/ That at the bottom of post no 1 it states that it was edited at 6.27pm yesterday.

2/ That straight after post 1 there is a strange comment in post number 2 that refers to someone being entitled to their opinion. However there appears to be no post in between that this is referring to ?

 

3/ Also the Mod Libby then refers to a user (simply loans) that has been barred and had posts removed.

 

I suspect that the bared user may have been the one responsible for the issue, and was also spotted as a tout/ troll etc.

 

Anyhow, this is all academic now. IMHO, I think that anything and anyone that could have caused trouble was removed quite swiftly, and full credit to PCF for doing such.

 

Thankfully this affair appears over now, and hopefully some lessons can be learnt by members of all sites regards taking care what we post, and what is and is not acceptable.