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    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
    • Presumably you have got the name and address of the van driver. Do you have the insurance details of the van driver? We need to start getting hold of other people statements. It's extremely unfair that Skippy are making decisions on your behalf and not showing you any of the so-called – evidence – or lack of evidence that they apparently know about. I'm a bit concerned that in your account though you talk about driving along at 30 miles an hour and then after the accident you talk about driving "slowly". What kind of van was it? Do you know what I was doing there? Was it there because the driver was working or is that where they live?    Was there a passenger in the van? What about the road conditions? You say that there was ice and snow but was it dark? Did people have their lights on? Did the van driver have his lights on?  
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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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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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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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