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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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Nettyg v Hsbc ***WON***


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thanks lattie - i see you're trying to save me from becoming a quivering alcohlic wreck lol

it's working i''m really quite calm :| xx

If i've been helpful in any way....then tip my scales over there!

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gosh.. hope i can join you guys in your drinking spree!! im afraid even cyber alcohol is banned from me.. teehee.. toes and fingers crossed now guys!

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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hi all

well in the post today was the 'notice of issue' from northampton!!! blimey that was quick

so now i presume i sit tight and watch the mcol site for any change in status. the bank has until the 3rd febuary to respond.... tumtitum tumtitum tumtitum lol

If i've been helpful in any way....then tip my scales over there!

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in one way yeah.. but in another i hope they're so slow they miss all deadlines and miss me completely so i can press the judgement by default button lol.

my son was just standing by me and asked 'mum why do you have so many pages... i guess u chat s**t too much'!!!!

charming!! lol

If i've been helpful in any way....then tip my scales over there!

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can't get me breath... only got the notice of issue from the court yesterday and just been on mcol site and see that bank have acknowledged already!!!! is this a record????

If i've been helpful in any way....then tip my scales over there!

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fraid not!, now when you get the paperwork for the acknowledgment -know what to do? send 3 copies to the court referencing your claim number and 1 copy to dg - address on pg2 of the ack. also referencing your claim number - it will come in 3-4 days.

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i just spent about an hour looking for a thread for a guy and it is just above the posts in the hsbc stuff - i'm an idiot sometimes - i'm off to bed! just thought i'd pass that along......i remember telling bong i was going to retire when i reached my 100th post - i did, for about a week and then came crawling back - because i enjoy helping people.

looks like i'll see 1000 posts by tomorrow. can't believe it! it really tickles me to see people get their offers and then their money back.

i'll stick around long enough to see you get yours netty, won't be too long!

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awww lattie... thank you so much, and congratulations on reaching your 1000th thread (nearly). believe me, every thread you have posted has been well appreciated by me and everybody else i'm certain. sleep tight xx

aw that's really nice.

If i've been helpful in any way....then tip my scales over there!

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fraid not!, now when you get the paperwork for the acknowledgment -know what to do? send 3 copies to the court referencing your claim number and 1 copy to dg - address on pg2 of the ack. also referencing your claim number - it will come in 3-4 days.

 

Send 3 copies of what to the court? Copies of the acknowledgement paperwork or copies of the schedlue of charges?

 

Sorry for the hijack :)

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schedule of charges rundll... yeah i know... we've already sent them a copy but this is what we are advised to do!! i'm just going to do as i'm told lol

If i've been helpful in any way....then tip my scales over there!

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lol.. they probably do have photocopiers but just haven't got time to get to one because all the claims they're sitting under. also there's all those trees to consider... doesn't your heart just bleed for them?

incidentally, we are also advised to fax, email, post, esp anything!! just to make sure dg have our copies lol

If i've been helpful in any way....then tip my scales over there!

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just to clarify - the advice does get diluted from time to time, also, i forget who i've told what to, so, i'll do this for all of you guys:

when you've filed mcol - they don't have a copy of your mcol( had you filed an n1 instead, you include copies with it - so no, at this point mcol doesn't have a copy of your breakdown, that's why you are sending 3 copies to the court - the northhampton address on your acknowled. or issue papers. also, send 1 copy to dg - address on pg 2 of the acknolw.

They always seem to work their way to your claim and then ask for a breakdown (it's a stall - of course they have it), so, beat them to it and send one. on all that correspondence - reference your claim number.

also, sending it to dg - gives you a reason to call a little later on - "to be sure they have received it" this bumps you up to the top of somebody's pile, also, it ensures your claim hasn't fallen behind somebody's desk.

if you have sent the breakdown and they file their defense - i then advise lots of activity to try to get an offer before the aq is due (that will come with the aq paperwork, a transfer to local court and a copy of their defense), they normally file their defense like clockwork on the 28th day - but keep on top of the judgment button - you could get to press it. (even if you do - it could get overturned by the judge and they would allow their defense to go in - they seem to get leeway here).

now, here's a little titbit. just yesterday we saw a claim where - they forgot to enter an acknowledgment - so after 14 days from the service date - claimant presses for judgment and they must have dropped the ball on this one - because they ended up a week or so later just putting the money into the account - they paid up at acknow. stage because they didn't follow the plan. so, i'm only saying - keep your eye on the ball.

you never know with dg.

i'm rambling - but hoping to instill confidence in you who have just filed - you are getting closer to your money with every passing day.

 

this is the one i think: stringernicy v HSBC

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.

if you have sent the breakdown and they file their defense - i then advise lots of activity to try to get an offer before the aq is due (that will come with the aq paperwork, a transfer to local court and a copy of their defense), they normally file their defense like clockwork on the 28th day - but keep on top of the judgment button - you could get to press it.

 

Thanks for the help lateralus, really appreciated. Ive taken to posting all my questions here as netty and I are at the same stage :) Hope thats ok netty.

 

Lateralus, if you could just elaborate on what you mean above? You advise lots of activity, on our part? And presuming they do file their defense in time, whats the drill then.

 

This is so exciting :)

 

Thanks in advance

Rund

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Thanks for the help lateralus, really appreciated. Ive taken to posting all my questions here as netty and I are at the same stage :) Hope thats ok netty.

 

Lateralus, if you could just elaborate on what you mean above? You advise lots of activity, on our part? And presuming they do file their defense in time, whats the drill then.

 

This is so exciting :)

 

Thanks in advance

Rund

 

hi rundll.. lattie means that we've got to hassle them by ringing them all the time to make sure they've got our breakdown - this ensures that it hasn't fallen down the back of a radiator somewhere in their office - and it comes to somebody's attention so we get to the top of the pile... this ok?

If i've been helpful in any way....then tip my scales over there!

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