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    • Hi I have received not one but three of the same PAP letters (just different amounts and details) from Moriarty Law, allegedly for three different ADCB credit cards taken out in UAE in 2009 for a total debt they claim is now almost 200,000 pounds across the three accounts.  I think I may have had one credit card from them, but there was nowhere near that amount outstanding, if anything, when I left the UAE for good on September 30, 2010. There is a difference with my case, however and I need some advice.  I have lived in Hong Kong since 2012 (I am a permanent resident there) and the letters have been sent to my elderly mother's address, which is where my UK bank account is registered, and have been forwarded to me. Though they are dated August 20 and 21 I only received them yesterday. There are also two follow-up "Final demand before proceedings letter" both dated September 8. In previous years there have only been various DCA letters sent which have all been ignored My queries are this: 1. What would happens if the letters were returned with a note that this person is "no longer lives at this address" - moved abroad” 2. Or should I return the PAP reply form anyway as set out on this forum but with no address on it (it might confuse them with a Hong Kong stamp on the envelope I guess) 3. If I do that, should I send the three forms separately or together? 4. Should I return it saying I have left the country adn not to send any more correspondece to my old address? 5 Or is there any other advice you can give.  I am not sure if I reveal that I am in Hong Kong that could stop UK proceedings, could I have a CCJ in absentia and could it be enforced, or whether could chase me for it in Hong Kong which has a similar statue of limitation law to UK? Thanks for any speedy advice. Time is short because it takes four or five days for post to get between UK and HK.        
    • A step by step guide on how to use the Armed Forces Pension Calculator     READ MORE HERE: https://www.gov.uk/government/publications/a-step-by-step-guide-on-how-to-use-the-armed-forces-pension-calculator
    • Hi   Repair and Support Plan states: If your product goes wrong after the 3rd Repair, you can request a replacement.(The faults must be mechanical they say e.g Hard Drive as opposed to physical/accidental to qualify for replacement/vouchers).   My Laptop has had 4 Hard Drive replacements. They are attempting to claim that a corner being missing when the laptop went in for repair over rides Hard Drive Failure and are therefore claiming my laptop has had only 3 repairs.   Also Well fix in 7 days or replacement-1 of the repairs took almost a month. Ive refused delivery of my `fixed` laptop now for 3 months while arguing to and fro with them that they have breached the support plan and I want replacement vouchers.They are now charging me £50 to store my laptop and are going to dispose of it in 6 days if I dont contact them. Been through usual channels..Consumer advice... just found out they wont participate in ADR. I loathe this company they are a disgrace. Ive paid A support Plan £11 per month for over 8 years. Im aware how bad they are and how many people they have shafted. Anyone any idea where I stand ..what I do?I dont want them to get away with broaching the policy as well as binning my laptop.Im left with nothing.    
    • So it is...... ...but has yet to be determined by a Judge...who would no doubt decide that  Bailey had the use of the vehicle  during the term of the agreement and therefore benefited.   Too risky....I would be happy with this result and leave it at that. 
    • If the claim is private individual against business, the case should be heard in your local court. Did you buy the dress under a business name or your own individual name?
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I was made redundant a couple of years ago, the owner of the company had closed down quote a few companies before, he wasn't paying our pensions and the company went into liquidation soon after my redundancy which meant I never got my redundancy pay from them.

I took him to tribunal and won but of course will never get anything cos the company no longer exists.

 

The owner of the company I worked for was proper dodgy and one of the reasons the company went under was that he was fraudulently uploading invoices to the factoring company for one of his biggest clients, they knew something dodgy was going on and removed all their stock, refusing to pay any more of his invoices.

This was going on whilst I was still there and a court case ensued after I had left.

I stayed in touch with the woman at the clients company.

During the case, she has given me a copy of the court papers submitted by my ex boss where he states my name and says that it was my fault that these invoices were wrong and that I was subsequently dismissed because of my errors. This is an absolute lie.

Once I saw that I requested all of my personnel records of which I now have and it clearly states that my redundancy was in no way in reflect of my performance.

My question is, can I take my ex boss to court for defamation of character? 

It is beyond belief that he is allowed to keep running companies into the ground, making people redundant and not paying them, stealing their pension contributions and getting away with it Scott free time and time again.

I don't want to sit and do nothing when I feel he is due some punishment for his wrong doings 

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Defamation is very tricky and potentially very expensive. It wouldn't be on the small claims track. It would be on the multitrack which means that if you lose you can get a very serious bloody nose in terms of the other side's costs. If you win, then you will only managed to get damages if you can enforce them and you will only be able to get your costs if you can enforce those which means that if you are unable to, you will end up having to pay everything.

It seems that you're not even able to enforce a tribunal award. I'll leave you to draw the appropriate inferences as to the likelihood of your managing to enforce anything else.

Defamation must be untrue and must cause serious reputational damage. The defamatory remarks must be published and if they are simply contained in private papers then they are probably insufficiently published to amount to defamation. If they are contained in court documents which are public documents then they are unlikely also to be defamatory if they have been published in court.

Find some other way of getting even – but defamation is certainly not the way unless you really want to get involved in something risky, stressful, frustrating – and eventually probably unsuccessful


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2 different issues : the false statement about you, and the poor management of his businesses.

 

For the latter, were the businesses insolvent? Little you can do on a personal level if they were, but you might get the Insolvency Service interested, and they might bar them from being a director.

 

for the false statement, since the Defamation Act 2013 the statement must not only be false but also cause (or be likely to cause) your reputation serious harm to be defamatory / actionable.

I agree with BF actions for defamation need ‘long pockets’, and run the risk of significant costs.

 

I disagree that a false statement in court papers can’t be defamatory. It isn’t Parliament where Parliamentary privilege applies. The person making the false statement might try to say “I didn’t publish it, the court did!”, but that won’t fly: in making the statement as part of a witness statement, they are publishing it. 

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I did think it would be a long shot.

Thank you for your advice 

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Yes, you can sue the ex-boss but it will cost you a small fortune to do so and he is unlikely to have any assets that you can go after- everything will be in his cat's name.

Pyrrhic victory is the term.

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