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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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Advice needed on court summons ***Discontinued****


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I would have thought the Solicitor takes that decision not the Client who are these Muppet's?

Did you mention your CPR 31,14 request?

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Ok Morris leave it with them for now they know you are applying pressure.

You have two options here continue and submit your holding defence by 29th without docs

and inclusion of the claimants behavior and request costs. Or you can make application direct to the Court

for an extension and costs request to drag this matter on and allow them to furnish said documentation.

Second option will cost you £40 though!!!!!

 

Andy

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In the meantime digest this so you know what is involved :- Embarrassed Defences and the problems with them

We could do with some help from you.

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Hi Morris

 

Further to your PM I personally would make application before you go away

your return will be too late considering your defence is due the next day.You need to download an application notice N244

and complete it with your request enclosing payment and without an hearing.

 

Just complete it stating Pursuant to CPR 15.5 I here bye request an extension to submit my defence re Case number xxxxxxx

Having requested information via CPR 31.14 on the xx xxx xx received by the Claimant xx xxx xxx with no response

and further requests to extension with no response. Acting as LiP in this matter I feel the Claimant,s none response

will prejudice me unfairly in this matter, and that wasted costs should be considered.

 

 

Regards

 

Andy

We could do with some help from you.

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Andy,

 

This is of great help to me thankyou. I'm not sure if the N244 is available to submit online? If not I will follow your advice above and post this to northampton first thing tomorrow. Is there any alternative to use the N244 to disclose the information i've requested in my CPR 31.14 against the claimant?

 

Many Thanks

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Andy,

 

This is of great help to me thankyou. I'm not sure if the N244 is available to submit online? No complete on screen and print off 3 copies If not I will follow your advice above and post this to northampton first thing tomorrow. Is there any alternative to use the N244 to disclose the information i've requested in my CPR 31.14 against the claimant? Yes we will submit directions when it gets to AQ (Allocation Questionnaire) stage you are not using the N244 to seek disclosure but to request the extension.I have only put that in to show the Claimants behavior in this matter.

Once completed send a copy to the Claimants Sols (unsigned) copy to Court and retain a copy for your file.

 

Many Thanks

 

Regards

Andy

 

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Why not, it shows what you have requested and that you have already asked for an extension and given the Claimant pre warning.

We could do with some help from you.

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No need to complete the evidence section Morris.

 

Regards

Andy

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No No draft Order and yes serve it on the Claimant.

 

Andy

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Update:

 

N244 Sent to court this morning via recorded delivery. Lets see what comes of the application for extention, Still no reply from claiment re CPR 31.14 request.

 

Thanks to all who are helping me with this and to Andy for his guidance in filling out the N244, as I learn more about this I hope to help others out in the future.

Edited by MorrisDog
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Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

We could do with some help from you.

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Hi All,

 

I'm back now and arrived to no postal response from the claimants sols or the court regarding my N244 application for extention..

 

I need to file my defence by 4pm today, is anyone able to help me write up a short defence to take into account the awkwardness of the claimant?

 

Many Thanks,

 

Morris

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Update:

 

I have just phoned northampton and they advised me of a bar on filing defence until the District Judge has veiwed and made his decision on my application. This can apparently take upto 2 weeks to process..

 

Morris

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Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

 

Link refreshed http://www.consumeractiongroup.co.uk...n-Who-are-they

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Hi Andy,

 

Thankyou for your link.

 

I have today received a Notice of Discontinuance from the Claimants solicitors in this matter.

 

I have phoned the court who say they have not received a Notice of Discontinuance as yet from the claimants though.

 

Many Thanks

 

Morris

Edited by MorrisDog
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Well done Morris

 

Easily sorted when you know how:wink:

 

Keep checking though.

 

Regards

 

Andy

 

I will get your thread title changed.

We could do with some help from you.

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Thanks Andy :)

 

With regards to other claim, solicitors have agreed an extention of 28 days.

 

Still have nothing with regards to CPR 31.14 though so not sure which direction to take? Maybe N244 for them to comply with my request?

 

Regards,

 

Morris

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Hi Morris

 

Other being FV1 ? If so i would advocate starting a new thread and title and give us a bit of background.

If they have agreed to extension then no application yet, sit a bit longer.What date have you agreed to defence?

 

If you can send me a link once new thread set up ill pop in.

 

Regards

 

Andy

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Oh well done, and another one bites the dust :)

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Morris your NoD is not connected with your application which I advised. More of a coincidence and the fact that you threaten to do it.

You need to inform the Court that the Claimant has discontinued (if they haven't all ready) and that your application is now void, may even get a refund but dont hold your breath:!: Retain and guard your copy of the NoD.

 

Regards

 

Andy

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