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    • Hi, I have just received a letter from dcbl saying they were recovering a debt from ktm online. I had not heard off them and.on researching I found that its a company name for fonehouse. I got a new phone last year and fell behind because of covid. The original company have never contacted me concerning a debt this is the first I have heard of it. Now I know they are not acting as bailiffs but I want to know the best way to deal with this as I don't want court action or hassle from them. What is their process how many letters.do they send before court action. And.i can.not allow them to visit as it would cause me hassle with my landlord.
    • Hi All,   Apologies for the Quality of the PDF.. I had to Compress the crap out of it as it's 50 pages.. but it's still readable.. these grabbed my attention:   Page 1 Claim @ £185.. Not sure if they are going to present the other claim for £220 on Page 49 as the "Paralegal" looks like he is running this Dog & Pony show and may send an Advocate Page 7 [18] Apparently I am naive Page 14 [47] The Paralegal may not be able to attend..  Page 40 [3] I made a cut & paste error here.. wrong company & wrong amount.. not much I can do about this..   I will  also include in my own WS Dave's suggestion on the Kangaroo Court & Jake's letters if found..   VCS Witness Statement 20-01-21_V1-Upload.pdfLet me know your thoughts,   Regards Tom  
    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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ignore as everyone else has

 

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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They have also CCed people from ansys as well ..they have found my company and found my email addresses as well ..they have asked me to reply by 4th Dec ?? I have received this email from UK office and I am in Germany ..

 

Also do they have all the simulation file logs as well ?? I haven't used it for any commercial but for my own learnings ..but i can't prove it as well but can they ??

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Dam these ambulance chasers.

 

So did you receive a letter addressed to you?

 

Or did your company receive the letter and they are reaching out to you? 

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Thanks @dx100uk @cmas for your reply 

 

Letter is addressed to me with my company address ..i guess they took everything from my website ..

 

This is my small company which is in struggling phase trying to do something ..don't have any money to give it to them ..i dot not have any registered office in Germany and company is registered in India.. 

 

What i should do guys suggest me ?? 

 

It seems they have my company details, my details, ip address they monitored 

 

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So they have collected your email address from the monitoring software. Used the domain to connect it to your business.

 

You do not use a VPN?

 

Does your company offer a product or service that could theoretically make use of this Ansys software package?  

Edited by cmas
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8 minutes ago, ashmess said:

What i should do guys suggest me ?? 

 

you ignore them totally

 

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

own topic created please post here now

 

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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yea if u respond to them, you open a can of worms and they wont ever go away.

In responding you verify they have your contact details right.

In responding you also acknowledge you have enough assets to risk loosing that warrant you to reply in an attempt to settle the matter.

 

Replying only gives them more ammunition then they already have.

 

Its unlikely but possible they file a case.

 

Bounced and blocked been 2+ months since they have tried to reach me … 

Edited by cmas
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never respond as they have no way of knowing if you ever get the emails anyway

VPN doesn't help either..old wives tale.

 

the details are harvested by the software upon installation and are emailed out via their own smp imbedded in the installation.

it also emails out whenever you do certain things with files too.

 

careful monitoring via one of the many port scanners will show the active smtp port. close it

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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28 minutes ago, cmas said:

So they have collected your email address from the monitoring software. Used the domain to connect it to your business.

 

You do not use a VPN?

 

Does your company offer a product or service that could theoretically make use of this Ansys software package?  

I have not used VPN its my mistakee 

 

Yes my company offers products and services in similar domains .. 

 

4 minutes ago, dx100uk said:

never respond as they have no way of knowing if you ever get the emails anyway

VPN doesn't help either..old wives tale.

 

the details are harvested by the software upon installation and are emailed out via their own smp imbedded in the installation.

it also emails out whenever you do certain things with files too.

 

careful monitoring via one of the many port scanners will show the active smtp port. close it

I have just shut down the pc and uninstall everything for now .. but i am sure they will keep .... my brain .. 

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VPN does create extra plausible deniability. You could have accessed your email from a friends computer. Since all they really have is your email domain name. But if they also have the IP registered to you, then its harder to explain away two coincidences. 

Edited by cmas
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eh?

it harvests actively used email addresses on the installation machine via the pop/smtp server use

simplest way is if you ever are going to pirate these types of software is to run it in a sandbox.

then it can't do anything with you allowing it.

 

 

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
13 minutes ago, ashmess said:

I have just shut down the pc and uninstall everything for now .. but i am sure they will keep .... my brain .. 

so pray tell me

how do they know you got the email?

scamming you for xmas mate.

 

 

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

Yes @dx100ukthey dont know if i have received it or not .. but who knows they might use some software to check if you have seen the email or not  ?`

 

@cmas what finally happened in your case ? 

 

My problem is my company is involved with this which can make things very difficult for me .. we do wish to buy this license but the costs are very very heavy. 

 

Do you know they force only to buy license or put penalties as well ? If you guys have heard of any cases ? 

 

For now I am not going to reply .. as they have given me date of 4th Dec .. let's see what happens after that .. 

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any penalties are unlawful.

deal if you must with solidworks directly.

trust me they wont know a thing about your present use of it

 

there is no evidence here CJCH do nor can do..anything 

only the owner of the software can enforce licensing and they are not even in the UK.

 

 

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

yea so, in my case they went after my employer. Then stopped going after my employer and started going after me instead as they suspected me.

I did not have the option of not replying as my employer replied and prompted me to reply. 

 

I am not sure what the typical settlement demands are for the software package you being accused of using. 

 

In my case they wanted me to either buy solid works premium with 1 year subscription which is like 11k USD.

Even though I am being accused of using the basic package worth like 4k or 5.8k with subscription taxes etc. 

The other settlement option they offered was for 5k with no software. 

 

You should look up your countries court case filing data base to try and understand how litigious they are. How many case they have filed for similar infringements. The profiles of the accused company's and how those cases ended.  

 

In my case Dassault systems had about 6 similar case filings in the past 3 years for all of the USA. 

 

Based on my estimates it seems they are going after offenders enmasse and that the 6 cases represent a small percentage of total potential infringement cases. As solid works is a wildly popular software used by many. Just about any collage engineering student has a pirated copy of this. 

 

So these were all factors I used in my decision to bounce black ignore

 

You are dealing with ANSYS and so it is worth trying to understand thy enemy and try to understand their business model in pursuit of these cases.

 

For example the music industry wasted billions of $ with bit torrent law suits to try and make an example of ppl with the goal of scaring the masses to comply.

 

This was not Dassaults business model. Other then the 6 cases they filed (perhaps to make an example out of ppl) they seem to want to shake ppl down for easy license sales and settlement penalty fees. 

 

 

 

 

 

 

 

 

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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

This is competition company from Dassault ..

 

Additionally when I look into the letter carefully sent i have noticed some things 

 

1. they have CCed people from Ansys

2. CJCH solicitors have signed it as well 

3. They have written which versions used and what timeframes (not very precisely but covered all the years). Even my PC was shut for 2 years in that time frame. 

 

You all had similar types of letter which looks very real ?

 

Thanks 

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CJCH is the law firm hired by ANSYS to assist with their extortion racket and they work together in these matters.

 

ANSYS wants to settle for the sale of expensive license to close your case.

 

once they're done with you and you still have not bought a license then then turn it over to the lawyers who try to negotiate settlement like a debt collection circus 

 

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1 hour ago, ashmess said:

You all had similar types of letter which looks very real ?

 

 

it made to look that way..

ignore them until or unless you ever get a letter of claim from a solicitor 

and pigs don't fly either.

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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yea they send alot of letters out threatening law suits hoping to get money.

 

They do have the recourse to file a law suit but chances are they wont.

 

For the USA I know of only 6 relevant cases filed. 

 

6 cases is not that many considering that there is likely many thousands of violators.

 

They likely have no intent to actually sue but are merely threating.

 

If the software is 40k tho,  .... its quite a bit more then what i was accused off and it may be worth trying to find out how they deal with those cases

 

Edited by cmas
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