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    • Good Evening,    Please may I ask for some information re default markers on Credit Report ?    I had a CC with a Bank default around Jan 2014. Nothing was registered on my Credit Report The debt was later sold on a few times. Eventually to PRA in 2017 where it is unenforceable.   On my Clearscore report that I have recently downloaded it says “ In default PRA GRoup 5th April 2017”. when I click onto this it shows no markings on any month from 2014. so my question is can PRA register the default from 2017. I’m unsure if it drops off from The bank in 2014 or after PRA registered in 2017.    thanks for any advice you can give   
    • there you go all done i thought i could see you'ed left your reg number and their PCN number in your pictures.   there are quite a few threads here on this only allowed 30mins on certain esso forecourts total rubbish ofcourse  and none haver gone anywhere so far FWIW.   dx      
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    • Seven years ago today this topic started 🤗
    • From Tuesday, the bank will alter the rate of cashback it pays on some bills - while doubling the monthly fee on its 123 Lite account to £2. The changes are disguised cutbacks. View the full article
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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photo use copyright issue case 1 - They infringed my copyright.


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Taking someone to court at the moment, and the Defendant has very clearly lied in their statement of truth about three things.

By very clearly I mean I can actually prove it very, very easily.

 

For example,

the Defendant says that they have carried out action that should limit their liability when no action has been carried out and the wrongdoing is continuing.

 

They state the wrongdoing finished within 2 hours of them receiving a Letter Before Claim.

 

Another example being that I have made no attempt at mediation and have merely threatened them, when I have made three written offers of mediation, all of which they signed for by recorded delivery but failed to respond to.

 

The question is,

how do I notify the court about this?

 

It turns out I could have done so when I sent out the allocation questionnaire, but that was yesterday!

I only found this out today.

How else can I approach it?

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Hi schweppes33

 

Phone the courts helpline, ask what the procedure is,

as the allocation questionnaire has been sent off.

 

You mean they lied in their Witness Statement.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.14

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My girlfriend did that, they said to send it with the allocation questionnaire and couldn't help apart from that.

 

I mean they lied in their signed statement of truth.

 

To explain a little further, I'm a photographer, they are a company with a website. They infringed my copyright. I sent them a formal Letter Before Claim, they ignored it. I sent them another letter notifying I was going to sue them. They sent me a response saying they'd deleted the images in 2 hours so shouldn't pay, and besides they are only a small company with 60 employees. Following this, they breached every single part of the civil procedure rules, lied constantly to me in all their correspondence. Each time they'd have a different reason for not doing something, they can't even stick to the story. The best bit was them admitting that the infringements happened 18 months ago and they don't have the documents of where the Images came from but they are sure that they came from the developers of the buildings so I must have infringed the copyright of the developers. Both developers, multi billion pound companies are aware of this and are not happy with the company I'm suing.

 

I don't need advice on copyright law, but this is something new. I've sued a lot of companies for infringements (60 odd and counting) but I've never had anyone lie to the court before. No one is stupid enough.

 

Anyway in their defense they have written that they have deleted the Images when they have not - the detailed particulars of claim specifies the precise Images and it is these Images they claim to have deleted in their defense. The court is the small claims court.

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Hi schweppes33

 

If that is their defence, then is it not best to point this out to the Judge during the Hearing, explain that you feel their is a Contempt of Court issue where the defendant has lied in their Witness Statement and you feel the Court should take action. You have evidence.

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Hi schwepppes33

 

Yep, it's their Witness Statement, they should know the risk they run by signing a Statement of Truth when they have included false statements in the Witness Statement. At the very beginning of the Hearing hand the Judge a letter highlighting the false statements and the evidence you have to show the statements are false, state that you would like to bring this matter to the attention of the Judge / Court.

 

I see.... you mean wait until the hearing, and then point it out and ... well then they are dead.
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Judges are fickle, so difficult to say. But it will help your case. Contempt of Court is a serious matter.

 

Thanks. How do judges normally react to such a thing?
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You can do.

 

Thanks. How do judges normally react to such a thing?

 

I am thinking I should highlight it when I submit the evidence to the court.

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Thanks. It's quite interesting actually. The Defendant has claimed their legal costs are being paid by their insurer but I contacted them and they denied this! It's since come to my attention it's their web designer, someone who is a one man company, who has been producing all their legal stuff and giving them "advice". Their MD is being cheap, and simply putting his name to it. He chooses to believe the designer over me, and vast amounts of documentary evidence, or even the law. It smacks to me of the web designer simply trying to avoid the problem he's in but in doing so he's dropping his client in it more and more.

 

Anyway, thanks for the advice. I'll post what happens.

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If you are so convinced you can prove you are right, just take the case to trial. You put your side of the story forward in your witness statement which is filed before the hearing.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Contempt of Court is a serious matter.

You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.

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O/T http://www.bbc.co.uk/news/uk-25210867

 

You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.
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You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.

 

 

 

 

Judges are generally very, very reluctant to find a party in contempt for "lying" in statements and in all likelihood nothing at all will happen to them other than losing the claim.

 

After all there are two sides to every story and two versions of the same event but from different people's perspectives which obviously don't match otherwise the case wouldn't be in Court.

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Judges are generally very, very reluctant to find a party in contempt for

"lying" in statements and in all likelihood nothing at all will happen to them

other than losing the claim.

That sums my experience up pretty well. The lying witness was the last one to give evidence before the other side's counsel whispered the magic words "could I have a moment of your time" to mine.

 

I can assure you this wasn't a case of differing perspectives. The accusation was that we had refused the defendant any chance to put things right prior to court whereas the letter from them stated quite clearly they would not consider any remedial work unless we dropped the case.

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I posted yesterday about the Defendant lying. Anyway, a copy of the allocation form was sent to the Defendant via special delivery and has been returned to me as the Defendant refused to accept service.

 

The Defendant changed the address they can be contacted at to a building they are not present at. Instead their web designer is there. He's the one handling their case supposedly. He has refused to accept the delivery on the basis that the actual company it's addressed to is not in that building.

 

What do I do ?

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I posted yesterday about the Defendant lying. Anyway, a copy of the allocation form was sent to the Defendant via special delivery and has been returned to me as the Defendant refused to accept service.

 

The Defendant changed the address they can be contacted at to a building they are not present at. Instead their web designer is there. He's the one handling their case supposedly. He has refused to accept the delivery on the basis that the actual company it's addressed to is not in that building.

 

What do I do ?

 

Do you have a valid address for them?.

You don 't have to use Special Delivery, but if you are worried they'll claim non-receipt consider a process server ....

 

Costly, but if you are confident:

a) you'll win and

b) you can enforce any award, it is worth considering.

 

The courts won't easily award the cost(s) of a process server for a Small Claims track case, but have wide latitude to do so where you can show it was necessary (such as Special Delivery being avoided .......)

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Yes I used the address that they notified the court was their address.

 

I was away on holiday until Thursday, got back Thursday night. Found out that the papers had to be submitted to the defendant by the 28th. Couldn't send them over Easter weekend thanks to bank hols, sent them on Tuesday... not happy that the court doesn't count working days, rather than days. There is no further time to serve. Obviously no one will be at their office over the weekend.

 

I emailed them to the Defendant. Got an email back saying that the mail had bounced as my email address has been blacklisted by their system.

 

Further to this I have attempted to fax them, they interrupted the transmission both times, presumably by picking up the phone. Had a friend fax them... again interrupted transmission.

 

Thanks for the suggestion Ford. Didn't want to have one thread on what's two different issues. I can find nothing, absolutely nothing, on google about this particular issue. CPR doesn't seem to deal with it either :(

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Thanks for the suggestion Ford. Didn't want to have one thread on what's two different issues. (

 

no worries. is re the same case? the link is there if anyone needs to look in on it :) (gany and steam for eg are on yr thread, who afaik are legal bods :) )

IMO

:-):rant:

 

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I did actually speak to my lawyer about this this morning. As the tort is continuing, and the Defendant says it isn't, I can sue them again. As the managing director has signed a statement of truth saying it's not continuing, whilst the tort is, I can name him in the case as a joint tortfeasor. Apparently I can do all sorts of things I can't afford, like get an immediate high court injunction, or a warrant to serve up the infringing material - which would involve someone going into a data centre, unplugging their company server and delivering it to me! Lovely to know how powerful the law is, and how most of us have no access to it because we cannot afford it so get mucked about.

 

I WILL sue again though.

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Hi schwepppes33

 

Write (Include Case Ref No.) to the court for the attention of the Judge. Explain that you have tried to follow CPR protocols regarding sending all parties the allocation questionnaires, send copies of the proof you have, i.e. post, fax etc.

 

Explain that they are 'being silly' and will not except service, tell the court you await clarification on the matter/further instructions.

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If it's the address supplied to the court for service bung the docs back in the post again. First class will do, no need to send signed for or spec delivery. CPR 6 and PD6A deal with deemed (and good) service within the jurisdiction.

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  • dx100uk changed the title to photo use copyright issue case 1 - They infringed my copyright.

Please note that this topic has not had any new posts for the last 2222 days.

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