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    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
    • He is correct, though that only a judge can order him to refund the money.   You can’t complain about him saying only a judge can order it: that’s what the County Courts do - adjudicate disputes. You can complain that the guidelines make it clear what the outcome will be, so his behaviour is unreasonable.   ”That, Sir” (or Madam), “is the crux of why we are here. I suggest it is inevitable that you will find the refund must be made, and the Defendant should have seen that, but their intransigence has led to this matter reaching you”.  
    • Always have your door locked, to avoid anyone getting in without your permission.   Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.   As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left.    The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.   https://www.civea.co.uk/complaints
    • important – sometimes a default is good news! Defaults sound bad, right? So getting one removed must be good? This is probably the most confusing thing of all, but No! It can often be better to have a default on your credit record.  If there is a default against a debt, then the whole debt will “drop off” your file after six years, even if you haven’t repaid the debt. With no default, the record will not go away until six years after it is marked as settled/satisfied in some way. So don’t rush into trying to get a default removed… and never try to get a default date changed to a later one because it will wreck your credit record for longer
    • We will of course be informing the Court that we are LIP and the costs we have had to incur due to the unreasonable behaviour of the defendant including forcing us to incur costs and further costs, and refusing to deal with the LBC.   On a more ethical tone the firm of solicitors noted here are correct in the interpretation of the law as it stood since March 2019,   https://www.ellisjones.co.uk/blog/article/what-is-the-current-effect-of-coronavirus-on-my-wedding-contract   Goosedale the defendant has been given all these facts and informed that our daughter was married in a Civil ceremony last year with 15 Guests, hence they are not only wasting Court time but have cost us severe distress, inconvenience and loss of money to date, all which will be dealt with at a Hearing now. where the Defendant stated only a Judge can make the order to make him refund the money, hence his actions have caused immense waste of Court time and is an abuse of the Court Process, shame on Goosedale and equally shame on DWF what a joke !!   CMA have given the correct interpretation of the law - THEY HAVE NO RIGHT TO KEEP A SINGLE PENNY THEY HAVE NOT PROVIDED ANYTHING FOR they have known this since March 2019.      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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Not sure if its the right place to post but here goes

 

Recieved a letter this morning claiming "Infringement of Copyright" saying they have "retained forensic computer analysis" to identify me as sharing a game on P2P over a year and a half ago.

 

Now after reading all the long confusing paragraphs about this that and the other I have a form on the back saying I'm to pay over £730 to ACS

 

I'm going to dispute this as the game in question really doesn't ring any bells and maybe someone else who was using my computer may have downloaded it but early days yet.

 

Back to my main question has anyone any story's about ACS:law at all as well as some information as how to tackle this.

 

There based in London W1S 1NX If that is any help

ASPIRE to INSPIRE before you EXPIRE

 

:-)

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well their web site is a blank page

 

and the address is a "serviced office space"

NEVER FORGET

 

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Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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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.

 

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Thanks for that Cerberus ..I will keep an eye on that posting and see what develops as Im thinking Im not the only one in the country to receive this letter today.

ASPIRE to INSPIRE before you EXPIRE

 

:-)

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2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT

 

 

The Office of Fair Trading: Contact us

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

 

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I had to laugh when I read that piece, my IP is listed amongst the many others but one problem they would have to overcome is the fact that Kcom & Eclipse (who are one and the same IP) do not issue static ISP addresses, mine can change a dozen or more times a day. :D

 

Then of course there's the little matter of file sharers who use 'third party' servers.

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

 

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hmmm thinking back I was on a wireless router but again will be hard to prove .. not sure what to make of it up to now.

 

Do I ignore or wait and see what happens as another letter arrived shortly after the £730 one printed the same with a few ip details and dates but wanting £860

 

So now have 2 debts ....

ASPIRE to INSPIRE before you EXPIRE

 

:-)

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I'd ignore them for now. It seems that those that respond to them start to get hounded, whereas those that have ignored them have been left alone. According to the link you gave, there have been no known proscecutions so far, besides just having an ISP address proves nothing anyway. I think they would have a very hard time proving anything & would rather rely on some poor smuck just coughing-up without a fight. ;)

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

 

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Thanks ..the link in the P2P freak forum is picking up ..seems it may well be a [problem] so going to wait off a bit and see what happens.

ASPIRE to INSPIRE before you EXPIRE

 

:-)

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I'd ignore them for now. It seems that those that respond to them start to get hounded, whereas those that have ignored them have been left alone. According to the link you gave, there have been no known proscecutions so far, besides just having an ISP address proves nothing anyway. I think they would have a very hard time proving anything & would rather rely on some poor smuck just coughing-up without a fight. ;)

 

It's all rather worrying, esp if events years back can be refered to..I have had various flatmate over the last few years and allow them to use my WiFi service, how on earth could I really be held liable for what they download, also |Im on Virgin media and I belive that they don't have staic IP's either so they are always changing :)

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May be worth an e-mail to BBC Watchdog - if they get enough reporting the same, they will investigate.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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All these guests just for 1 thread :cool:

Anyway whatever this thing is & whoever is behind it..it goes without saying, do not pay a penny & report to the OFT/trading standards & Watchdog etc...

The police (not 999) might also be interested to be made aware of it.

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All these guests just 1 thread

More than likely they've had similar letters too & a google search has thrown this thread up.

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

 

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VBulletin is designed to be very search engine friendly - I'm on the site team at another forum, and it amazes us how quickly a thread can go to the top of the rankings. Within a couple of hours sometimes.

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True.Ive no proof on my part other than them taking my computer away and testing it to see if there is a trace of this so called "Two Worlds" there but can most likely guarantee it wont be.

 

A few people use the PC regularly but there is a lot of speculation on the company who gather the data ... Logistep

 

Antipiracy group's tactics violate Swiss law | Developer World - InfoWorld

 

the link is based on a case in Switzerland so I'm not sure how they stand over here or how much weight they actually carry

ASPIRE to INSPIRE before you EXPIRE

 

:-)

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I wouldnt worry about it coz if the worst came to the worst..it would be a simple case of them having to take the individual to the county court (at cost to them) & obtaining money that way...once all outgoings are catered for etc...so they'd get £1 per month or something, same principle with the DCA's

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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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