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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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Bryan Carter CCJ by default


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Hi

 

I would appreciate a few pointers on this. The dreaded BC has obtained a CCJ by default againt me.

 

The problem is that I never received the original claim form, so had no opportunity to defend the claim.

I'm not even sure what the claim is for, but it's possible it's for an old Co-op bank account overdraft which has been in dispute since 2008.

 

I want to apply to set it aside, but I've been reading that it's very difficult to do this.

Also the fee of £155 seems a bit steep!! I understand that if I can get BC to agree to a set aside it will only be £50.

 

The whole debt, including fees, is just over £500.

 

I believe the claim form was sent to my old address, although I have a redirection in place, the claim form was not redirected.

I Have not received any correspondence from BC or anyone else demading money either,

so I'm a bit puzzled really.

 

 

Had I received any correspondence I would have just sent him the usual account in dispute.

It may even be statute barred anyway.

Had I also received the claim form I would have dealt with it.

 

The problem I have is that I can't find out from the Court at the moment the details of the claim because I'm having trouble getting through.

 

I don't want to pay out £155 if there is no chance of getting it set aside and if it is the Co-op Bank, I'm not sure I have much of a defence as I probably do owe some of the money but not the amount they were demanding.

They simply refused to send me any statements or an explanation of how a closed account incurs charges!

 

I am minded just to pay it off within the timescale

 

 

but another thing that concerns me is if I have to pay BC direct what guarantee have I got that he informs the Court

that it has been paid within the timescale and not to register the CCJ?

How do I know he won't register it anyway?

 

I also thought I could try and get BC to agree to a set aside and then negotiate a payment plan.

I'm not sure how likely that is bearing in mind his reputation.

 

I would appreciate some advice on the best way forward.

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I now have a bit more info on this.

 

 

The claim was issued in October, which I never received.

 

 

The account was closed by the bank in August 2008,

 

 

some correspondence in early October 2008 and then nothing from the bank just letters from various DCA's.

 

 

Would this make it SB or has it just slipped in?

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I would suggest if it was closed in aug 08 then they called it in then.

so its SB'd

 

 

was it a fee paying account.

 

 

I believe the brown Claimform envelopes state do not redirect on them?

 

 

can you not phone northants and ask for the contents of the claim/poc/ccj judgement boxes

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would suggest if it was closed in aug 08 then they called it in then.

so its SB'd

 

 

was it a fee paying account.

 

 

I believe the brown Claimform envelopes state do not redirect on them?

 

 

can you not phone northants and ask for the contents of the claim/poc/ccj judgement boxes

 

 

dx

 

No, it wasn't a fee paying account, just a current account. There was various correspondence between myself and the bank during October and November and I then got a formal demand letter in November 2008.

 

The Court told me it was for an overdraft and the total was just over £500.

 

I was pretty sure that Royal Mail did not redirect claim form envelopes, but the person I spoke to at the Court was pretty clueless and didn't know!

 

I have read that overdrafts are pretty difficult to know precisely when the default occurred which in turn makes it difficult to know when it becomes SB'd.

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I meant the DMP being fee paying one sorry!

 

 

how about ringing the bank concerned?

they should be able to tell you when they called in the OD?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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when was the ccj issued BTW?

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

then BC prob filed just before that was 6yrs old then.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thats carters MO. He will use any method possible to get a default judgement.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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