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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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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Ind Claimform - old HSBC Credit Card Debt - got judgement after only 17 days...


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Ring them....do you have proof you posted it on Monday 1st Sept?

We could do with some help from you.

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Excellent ...take that with you to the hearing......in the meantime ring Northampton and check its receipt (ask for proof) and then just follow my post #98

We could do with some help from you.

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He wont not at a set a side application hearing...its to determine your set a side and briefly consider your defence.

Its not the actual trial.

We could do with some help from you.

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Just follow the guidance in post #98...take all proof and I'm sure you will be fine.

 

Best of luck.

We could do with some help from you.

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Andy

I should have mentioned that they have included the below as the CCA I requested along with a number of sheets containing prescribed terms etc.Also is the usual gumph stating they have fulfilled my request and the account is no longer in dispute.

Thanks

 

 

halifaxcca.jpg

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Again that's for the Trial exasp...not for a set a side hearing.

We could do with some help from you.

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Andy

We had the hearing this morning and the DJ decided he would not here it as he had insufficient time. He said it had been listed for direction and the 20 minutes that had been allowed would not be enough and want to reschedule with an allocated hearing time of 1.5 hours. The Agent representing the claimant said to me afterwards she not encountered this before.

The claimants Agent also claimed not to have received my defence and the judge agreed that according to CPR** it should have been attached to my application to set aside which it wasn't unfortunately.

Further bad news the proof of posting was for my set aside application and not for the AOS which the judge stated I need to have has it could be important to the decision. Ive rang Northampton who state they sent the hard copy files up to my local court who when I asked this morning the local court stated they have not received it from Northampton. I explained this to the judge who agreed its not unusual for documents to go astray in between the courts but instructed me to go back to Northampton to request. I informed him that it was obvious it had been mislaid as the judgement was passed. At this point the agent for the claimant asked for further costs to be attached which when the judge began to nod I argued that would be unfair. These the judge said will be set at the next hearing.

Im not sure that this particular judge would have been the best to hear this case as when I asked why we would hear representations for both parties over an hour and a half period isn't that the same as a trial after a set aside.

He simply stated as Im litigant in person this would take too long, I replied that all I am requesting is the claimant put in front of the court was a credit consumer Agreement thats satisfies the consumer credit act 1974.

He reiterated the time for this hearing was not sufficient to hear both parties to make a decision to set aside.

 

It will be within the next 4 weeks

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Okay...well yes its rather strange...he must have had other engagements planned......45 mins for a set a side is ample and the norm...they set the 20 mins so their problem.

 

I did repatriate numerous times that your proof of AoS would be vital to the outcome...so that's your priority in the meantime.As for Northampton transferring,...if it was a default judgment then it wouldn't have been transferred...you hadn't submitted a defence or filed a DQ so there was no transfer.They must have your N9 AoS at Northampton.

We could do with some help from you.

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Ok Andy

Ill contact Northampton again and revert back to you. Ind are to resubmit a statement to the court and me further to the defence we filed.

 

In regards to what?

We could do with some help from you.

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They are responding to the defence we filed, they say they never received it or any of the emails we sent. I wanted to show the DJ electronic proof but he wasnt interested.So glad he didnt make the decision yesterday as on reflection absolutely no chance he would have set aside so hopefully it wont be him again.

As I say he has allotted a time slot of one and a half hours for the next hearing so Im expecting their to be some serious interaction with the claimants agent as 90 minutes is a long time.

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Well there is nothing further to add to yours and they should be stating the reasons why you should not be allowed to set a side...their previous WS was totally inappropriate for the reason for hearing.

 

All you have to prove that Northampton received your N9 Acknowledgement ...the bad news exasp it will be the same District Judge.

 

Regards

 

Andy

We could do with some help from you.

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Andy

Do you think it worth hiring anyone this judge looked unimpressed to me that I had decided to be litigant in person. An example is, he asked my why I hadn't submitted a defence I said I had it was contained in the papers he looked through and waved the A4 at me and said 'is this it'. It's not just the words it was how he said things and just spoke to the agent asking this and that and then upon her answer turned to me and dictated whatever she said.

As you imagine a loss here is a further 6 years of financial hardship so it's massively important.

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Most of them are like that...hold your nerve.....the point is which I have already fully explained its not a trial at this stage your defence could have been 3 sentences for the purpose of the set a side..providing it has merit.

 

He only has to decide on 2 factors....was the process conducted wrong (hence how vital your proof of acknowledgement is) and if he did allow the set a side does your defence contain basis to proceed...30 mins tops that's all is required.

 

Why he adjourned and why he wants 90 mins is beyond me exasp...unless he intends conducting a full trial and set a side hearing in one...who knows.

 

Dont worry if/how he may belittle you...he may find himself in your position in the future...be courteous and polite and ask questions...provide your evidence and he must follow the law.

We could do with some help from you.

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Sure no problem ......why is beyond me

We could do with some help from you.

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Andy

We have our new date and it is going to be with a different judge than last time. in the papers they have sent it was reiterated that the circuit judge said that it was only for direction and all parties agreed 20 minutes wasnt long enough(i didnt agree he and the agent did)

He has ordered that the claimant has leave to file a further statement arising from our draft defence to be filed and served by **th of Novemeber. Also costs of application are to be reserved to the next hearing.

Couple of things Andy...

I am having nightmares getting hold of the N9 the local court are a waste of time I have phoned over 10 times and received the auto reply 'ALL OUR AGENTS ARE BUSY' and received auto replies to both my emails saying they would respond within 5 days(no replies). NORTHAMPTON CCBC are insisting the hard copy file went up my local court though I have contacted them three times and the third time I asked for them to log a file request, and I get a final answer on Monday. I am recording dates and times of phone calls and obviously printing all emails.

Secondly is it fair I should have to pay further costs if it is not set aside surely thats the courts fault??

Thanks

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Good news on the new Judge then......not so good on the N9...however you now have proof Northampton received it ...I think you are being led up the garden path a tad exasp...the N9 wouldnt be forwarded to your local court until ...........

 

You submitted a defence

The claimant advised the court they wish to proceed

You and the Claimant completed a Directions Questionnaire

 

And only then would your file and claim be transferred to your local County Court.

 

Would Northampton be able to confirm in writing the date they processed the N9?

 

Regards

 

Andy

We could do with some help from you.

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" Secondly is it fair I should have to pay further costs if it is not set aside surely thats the courts fault??"

 

You applied to have the judgment set a side...when one fights to set a side a judgment you cover the costs...win or lose.

 

If your application is successful then their costs on the application point only will be dismissed

We could do with some help from you.

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