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    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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Good

they will

there aren't any cases

 

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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not that we've ever found 

and you aren't in this country anyway!

 

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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Since you are in Germany, there would be a different website you need to find to find court case filings.

 

Stopped chasing going on about 11 weeks now 

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I have received second letter today with giving warning for legal action if not replied before 15th .. 

 

Can anyone suggest what to do ? @cmas@dx100uk.

I am not sure to what extent they have details available and they have kept ansys guys in CC as well ..

 

My company is in India and i used it on IP address of Germany ..i am not sure what they can do ... @cmas ..

 

But this looks like they are a bit serious about it now ..even my company do not have enough revenues to pay them for license ..

 

Does anyone know in case if I got for settlement how they usually negotiate ..if you don't have money to pay for it what they can do ?

 

I am worried now which direction to go next ..Screenshot_20201209-001407__01__01-converted.pdf

 

 

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Yea the second demand letter with deadline and threat of legal action is the typical protocol. 

 

Ignore is still probably what you want to do.

But, you should find out what legal data base your country uses to see how many lawsuits they file. 

 

Dassault systems business model is probably just to intimidate you into paying a settlement with out any expensive legal action.

 

But some company's can be very litigious and file many suits. Its best to know thy enemy and see how many cases the dates of each case the evidence presented and the result in each case. The profile of the defendant is a consideration as well. Deepening on the size of your business etc.

 

CJCH is license in the UK, can they even litigate in germany?

 

if u have no money, u have nothing to worry about, they cant sue you for what you dont have.

If you reply to them you acknowledge that you might have enough money that you need to protect.

if they cant verify your company has any money they wont bother filing suit. 

 

Did they send letter to Germany address?

 

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it's a begging letter read it PROPERLY

doesn't say WILL anything

 

stuff and all anyone can do to you..

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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

go stop panicking will you

 

there is stuff and all anyone can do..

 

this is getting boring  AM..

  • Like 1

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

had to hide that CMAS

its US of A nothing to do with the OP's problem

please read our rules.

 

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

Ashmess,

 

keep calm!

 

I'm from Germany and I also got E-Mails from these solicitors and was in panic, too. They (also their "customer") tried to call me, too... I contacted my solicitor for this case and had no direct contact with the opposite side (no E-Mails, no phone calls).

 

My solicitor said that E-Mails aren't worth anything, but he began to contact the opposite side with denying the accusation of using pirated software. At the end they showed their recordings (list with my MAC-Address, type and version of software, usage time) and my solicitor was denying that again.

 

Finally they threatened with additional legal steps if my solicitor will not call them within a deadline of some days. My solicitor did not call them and said to me, that they can write what they have to say...

 

We've not heard anything since 3 months. My solicitor said, that their proceed is absolutely unprofessional (E-Mails, force the opposite to call them,...). All this was before I found this forum. At the end I had to pay some hundred bucks to my solicitor for nothing. I think it would be smarter to not answer these guys... also cheaper ;-).

 

What I researched:

A logged MAC-Address is worthless, because no MAC-Address is logged by your ISP. They would have your PC physically in front of them to prove any legal or illegal usage of software. This step is in the meantime easier to realize in Germany, because if they have any solid suspicion a judge can order a house search/confiscation of your PC. All your ISP can do is to deliver connection logs with your IP-Addresses.

 

So if ANSYS logged your IP-Address they have to hurry, because logfiles of your ISP are available only for a defined period. This period depends on your ISP - in my case my ISP is logging it for only 5 days. Deinstallation of ANSYS will not be "clean" enough, my recommendation is to set up a fresh OS. A good consideration for scared rabbits is to remove every piece of hardware with a MAC-Address buy new pieces of hardware, so a confiscation of the PC will show no traces... Very scared rabbits are exchanging their hard disk, too ;-).

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