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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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Need for Vista Home Premium 32-bit installation CD


Dealmaster13
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Recently (about 6 months ago), I bought a Packard Bell IXTREME 2712 Barebone PC, product code 072578, with a manufacturer's warranty period of 12 months; which is basically this PC, however slightly modified of their own accord, so that it had 2x360GB hard drives instead of 1x500. It came with Windows Vista Home Premium 32-bit pre-installed; however the PC is lacking a good motherboard and since (I think) the OS is tied to the motherboard - I'll need a new OS. Is there anyway I can be refunded so that I can run my existing OS on my current hard drive on a new motherboard?

 

Thanks,

Oliver

Edited by Dealmaster13
rubbish grammar
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If you got a legal copy of the OS you should have a certificate of authenticity - with a number on it.

 

You can pick up download unlicenced copies of vista for little money or download them (this is not illegal as you have a licence key)

 

use the licence key to install the copy you download - it should be fine.

 

(personally I would try changing the MOBO first and see how it works - you may need to change some drivers but it might work fine.)

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

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If you got a legal copy of the OS you should have a certificate of authenticity - with a number on it.

 

You can pick up download unlicenced copies of vista for little money or download them (this is not illegal as you have a licence key)

 

use the licence key to install the copy you download - it should be fine.

 

(personally I would try changing the MOBO first and see how it works - you may need to change some drivers but it might work fine.)

 

First of all, thank you very much for your speedy reply.

Just to clarify on what you've just said, I take it that I can just torrent a version of Vista Premium 32-bit, (however it has to be Home Premium?) and use that to install a clean copy of Vista on my existing HD, yet cannot use my existing operating system? Sounds like a bit of a hassle to me :confused:. I also suppose if I replace my current mobo with a new one, I definitely wont be able to use the existing OS?

 

My ideal solution is to obtain a free copy of Vista and/or simply install my new motherboard, and keep the OS and all the settings on my current hard drive and be able to run it on my new motherboard as if it were my old motherboard without installing a clean version of Windows. Is that possible?

 

With my current OS licence key having already been registered, will I still be able to verify my version of Windows as being genuine after installing Vista again?

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Sorry, my reply was a little garbled. I will elucidate.

 

1 Get a copy of the same version of vista as you have the license key for (on the sticker) it myst be the same version. (torrent it and burn to CD)

2 back up all data you do not want to lose to pen drive or cd.

3 swap out the Motherboard (I presume you know how to do that but if you need more help let me know)

4 try a boot - it may boot perfectly well and then you would need to just update the mobo drivers.

 

let me know how that goes

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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Someone can correct me if I'm wrong, but i'm sure if you connect the HD with the OS on it to your new motherboard, it should work fine, although you will more than likely have to update the drivers when you're up and running. Did you not get Vista on a disc when you bought the pc? Is the key still on the authentic sticker on the pc? As long as they key is legit, then there will be no problem in doing a fresh install of windows.

 

If you have two HD's you can set the one without the OS as Master, then the other as Slave. Set your BIOS to start with CD-ROM on boot up, install vista, then when it's done, you can access the other HD and take anything on it and transfer it to the other HD, then reformat the slave HD.

 

Loads of tutorials online if you just google it. PM me if you need any more info...

 

edit: flyingdoc, great minds think alike, eh?! Must've typed the same response at the same time!

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Sorry, my reply was a little garbled. I will elucidate.

 

1 Get a copy of the same version of vista as you have the license key for (on the sticker) it myst be the same version. (torrent it and burn to CD)

2 back up all data you do not want to lose to pen drive or cd.

3 swap out the Motherboard (I presume you know how to do that but if you need more help let me know)

4 try a boot - it may boot perfectly well and then you would need to just update the mobo drivers.

 

let me know how that goes

 

If you don't mind, if you read this topic, you'll understand why I'm asking this question on Vista, and considering your knowledge on how to install a motherboard; perhaps you can give me advice on how to use my £300-400 budget? Otherwise, I think you've pretty much answered my question - however, I forgot to tell you, I wont have a motherboard on hand until I know exactly how to get around spending my money, so I can't do any testing.

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Someone can correct me if I'm wrong, but i'm sure if you connect the HD with the OS on it to your new motherboard, it should work fine, although you will more than likely have to update the drivers when you're up and running. Did you not get Vista on a disc when you bought the pc? Is the key still on the authentic sticker on the pc? As long as they key is legit, then there will be no problem in doing a fresh install of windows.

 

If you have two HD's you can set the one without the OS as Master, then the other as Slave. Set your BIOS to start with CD-ROM on boot up, install vista, then when it's done, you can access the other HD and take anything on it and transfer it to the other HD, then reformat the slave HD.

 

Loads of tutorials online if you just google it. PM me if you need any more info...

 

edit: flyingdoc, great minds think alike, eh?! Must've typed the same response at the same time!

 

Well the thing is that many people have told me that my OS is 'tied' to my motherboard so I can't run it without the Foxconn motherboard I'm currently using. Is this true?

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I have no experience with vista, so couldn't tell you if it was tied to the mobo. i personally am sticking with Xp until Vista becomes stable and less buggy. I read your post on the other site, well written, I must say! Ask on there about vista being tied to the mobo if you haven't already. Sorry couldn't be much help...

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I have no experience with vista, so couldn't tell you if it was tied to the mobo. i personally am sticking with Xp until Vista becomes stable and less buggy. I read your post on the other site, well written, I must say! Ask on there about vista being tied to the mobo if you haven't already. Sorry couldn't be much help...

 

So far two PC experts have stated that my OS may be tied to my mobo; however, I'm asking rily from the Packard Bell forums for a final answer on that question.

 

Since my budget is very tight at the moment, and have no reason to start clean again (OS-wise), and am desperate for a new gfx card and monitor to make good use of it; I may decide to get the motherboard in the near future, when hopefully i7 boards drop in price or something like that.

Thanks a lot for your help :wink: you saved me from buying a £60 OS at least :-D

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For gaming graphics card and memory are paramount - and as is said in the thread a good psu for plenty of juice.

 

reading the thread on why the other guys mobo wouldnt support a 4850 it doesnt surprise me - I wouldnt touch foxconn mobos with someone elses barge pole let alone my own.

 

Some comp mfrs have various "tricks" to fix an OS to a particular set of hardware, if you change a significant component (such as HDD or MOBO) the OS may refuse to work, this is why I said back up important data and get a version of vista before the update.

 

Personally I just bought a quadcore 6800 and used an MSI mobo (only running 2gb ram - I have heard of issues when using >3g of ram - believe it or not sometimes more ram slows windows down rather than speeds up.

 

(at work at the moment and dont have access to the exact model numbers sorry)

 

I like gigabyte mobos too but they feel too expensive ASUS are also good but as I said MSI does the job well and is not really expensive.

 

PSU is a must Dabs currently have the OCZ500 for £50 inc vat or the 600 for 62.82

but before you look at those check out the 650w titan - DABS own - £25.96 INC VAT

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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PSU is a must Dabs currently have the OCZ500 for £50 inc vat or the 600 for 62.82

but before you look at those check out the 650w titan - DABS own - £25.96 INC VAT

 

I would like to get the OCZ 800 EXS for £70 as it's great value for money and I don't think I'll ever need to upgrade that.

 

reading the thread on why the other guys mobo wouldnt support a 4850 it doesnt surprise me - I wouldnt touch foxconn mobos with someone elses barge pole let alone my own.

Well the thing is, is that I'm actually stuck with this mobo for a few more months at least; so I'm wondering if his problem is a one off and that I may be lucky and have my 4850 rum ok - of course it wont match the performance of a 4850 on a UD3 board but will it be significantly better than my 8600GS?

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couldnt say without trying it. give it a go - it will either run or not....

 

not much help Im afraid

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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I have no experience with vista, so couldn't tell you if it was tied to the mobo. i personally am sticking with Xp until Vista becomes stable and less buggy. I read your post on the other site, well written, I must say! Ask on there about vista being tied to the mobo if you haven't already. Sorry couldn't be much help...

OEM licences are bound to the PC they were supplied with - changing a key component, which a MB is, is classed as changing the PC and thus, whilst it may well activate with your key on the tower, the installation is technically in violation of the EULA and may well *not* activate. It was the same with XP, MS just clamped down on it a bit more, you usually have to call up for activation in these cases.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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OEM licences are bound to the PC they were supplied with - changing a key component, which a MB is, is classed as changing the PC and thus, whilst it may well activate with your key on the tower, the installation is technically in violation of the EULA and may well *not* activate. It was the same with XP, MS just clamped down on it a bit more, you usually have to call up for activation in these cases.

Thanks a lot too. I guess when I buy my new mobo, I'll have to add an OS or linux to the shopping cart. Not a problem - thanks for the clarification ;)

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you dont need to buy a new os.

 

MS make more than enough money and you have legally paid for this software.

 

If it wont activate then all you do is telephone microsoft - they will ask you if it is the same PC as originally supplied (which it is) and they will give you the activation code.

 

You are not breaking any EULA unless you put it in a new computer. this is not a new computer it is the same computer with a new mobo. what would happen if your mobo developed a fault?

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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you dont need to buy a new os.

 

MS make more than enough money and you have legally paid for this software.

 

If it wont activate then all you do is telephone microsoft - they will ask you if it is the same PC as originally supplied (which it is) and they will give you the activation code.

 

You are not breaking any EULA unless you put it in a new computer. this is not a new computer it is the same computer with a new mobo. what would happen if your mobo developed a fault?

 

I am pretty sure that you a wrong on this issue, when you buy a pc like a packard bell you are buying a licence for an OEM copy of windows and not a retail copy. Like forest says that licence key is for that machine and that machine only. if it was a retail copy of vista then it could be uninstalled and then reinstalled on a different machine.

 

Again like forest says if a major component is changed in a pc then microsoft say that you have to buy another licence and a mobo is a major component. If you replace you mobo becuase the old one is faulty then then i believe what they do is take bios string from the old motherboard and and flash it on to the new so that it believes it is the same board (i could be wrong on this point).

 

As for packard bell machines the motherboards and the mobos are bound to each other and if one is replaced then you need to do something called a tattoo this basically ties the two back together and when you run a recovery on the machine it will install all the proper drivers back on although if you just install a fresh copy of vista from a disc this is not needed and you can just download the drivers from the PB website

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I would love to challenge this under the RUTCC. Why would it be OK for Microsoft to force you to buy a new OS just because you have upgraded your computer. You are installing directly onto the machine it came with (albeit with a different motherboard or disk )

Just because they are a massive multinational company does not exempt them from dealing fairly with the consumers.

You are not copying the software, using it on multiple machines, selling it, making money from it - you are merely continuing to use it on the machine for which it was purchased in the first place.

 

That is a position I would willingly defend in court.

 

When ever I buy a new computer I immediately uninstall all the bundled software and do a clean install. main advantage is that it gets rid of all the carp that the manufacturers insist on piling onto a new machine.

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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I would love to challenge this under the RUTCC. Why would it be OK for Microsoft to force you to buy a new OS just because you have upgraded your computer. You are installing directly onto the machine it came with (albeit with a different motherboard or disk )

Just because they are a massive multinational company does not exempt them from dealing fairly with the consumers.

You are not copying the software, using it on multiple machines, selling it, making money from it - you are merely continuing to use it on the machine for which it was purchased in the first place.

 

That is a position I would willingly defend in court.

 

The problem is when does it become a new computer? I would personally say that once the motherboard has been changed it is a new computer and microsoft also have the same stand point. I have also taken a look in an microsoft forum and one of their own members of staff have confirmed in it that if the motherboard is upgraded on an oem machine the licence key is no longer valid, also states that if a motherboard is replaced with an the same make and model in the warranty period then a new licence is not required so that how they do it when a mobo is replaced due to it being faulty. The member of staff points out that you can replace any other component in the machine and the licence key will be fine the only time a new licence needs to be purchased is when a motherboard is upgraded

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Sorry I still dont accept that that is a fair term and condition.

 

Just because Microsoft say that it is so doesnt mean that it is so.

 

I appreciate your point and agree that may be what MS want - but I have on several occasions upgraded my machine and intend to continue to do so and will use the software which I legally bought.

 

I will not use pirated software but I defend the right to use that which I have bought on the machine for which it was purchased.

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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Well according to microsoft you can upgrade your pc as much as you want as long as you have a retail copy of windows.

 

Else you can upgrade as much as you want as long as you do not change your motherboard and only change your processor once.

 

At the end of the day I guess it all comes down to when it is a new pc? is it a new pc when the board is changed when the processor is changed when the hard drive is changed or what? The line has to be drawn somewhere and i guess micosoft drew it with the mobo being changed or more than one processor. If this line was not drawn then as long as you kept in the sam box you could keep upgrading and upgrading everytime a new piece of hardware is brought out and claim it is the same pc. If you don't agree with those terms than that what the retail copy of windows is for but most people have brought licence for the OEM version which is for the pc it came on and that pc only.

 

Saying all this I have read on number of forums if you swap out your mobo and call them they will 9 times out of 10 give you a new activiation code, although the people saying that are the ones that brought the oem version on disc rather than preinstalled on a machine.

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quite correct and I have done this several times - they will, as long as you tell them that it is the same machine and that it is not installed on any other machine.

 

So we are perhaps arguing about nothing.

 

:D

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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quite correct and I have done this several times - they will, as long as you tell them that it is the same machine and that it is not installed on any other machine.

 

So we are perhaps arguing about nothing.

 

:D

 

lol i was not trying to have an argument was just trying to stat microsofts line on this and what their licence agreement actually says and i have to say i do agree with it, it is kind of like triggers classic only fools and horses joke about his broom (if you dont know what i am on about YouTube - Only Fools and Horses Heroes and Villians Triggers broom skip to about 2mins 15secs in)

 

Also like i said before 9 times out of 10 they will give you a new activation code if you are the one that is not then you are either suck with a motherboard you cant use or you have to pay for a new licence or you have to take them to court and argue it is the same pc

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At the end of the day I guess it all comes down to when it is a new pc? is it a new pc when the board is changed when the processor is changed when the hard drive is changed or what? The line has to be drawn somewhere and i guess micosoft drew it with the mobo being changed or more than one processor. If this line was not drawn then as long as you kept in the sam box you could keep upgrading and upgrading everytime a new piece of hardware is brought out and claim it is the same pc.

Exactly. My case is on its 4th MB and 3rd CPU. It's completely different from what was originally fitted in there.

 

They have to draw the line somewhere.

 

Sorry I still dont accept that that is a fair term and condition.

 

Just because Microsoft say that it is so doesnt mean that it is so.

I would actually quite like to see it challenged.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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