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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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      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.  

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    • 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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Help Re: Scottish System


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Hi, this is my first post on the site and I am looking for some help and advice. I have read through quite a few of the threads on the Scottish procedure but I am still confused.

 

I am preparing a claim against RBS on behalf of my son. The amount is £1,760 plus interest at 8% £336.57 totalling £2096.57. I know the small claims court in Scotland only goes up to £750 and some people have suggested splitting the claim. My question is - does this mean sending an initial letter to the bank requesting £750 for a particular period, waiting for this to be concluded and then sending a further letter with another £750 claim and continuing until I reach the full total of £2096? Or do I send the initial letter to the bank asking for the £2096 but then submit £750 claims to the court if need be?

 

I hope that makes sense?

 

Any help or advice would be greatly appreciated.

 

Regards,

 

Dollymop

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Hi, Dollymop.

 

Just send one letter for the full amount, then split your claims into one Summary Cause claim (£1,500) plus interest plus costs. and one Small Claim (£750) plus interest plus costs. With the Summary Cause claim after you hand your papers to the court, they will return them to you and you have to get a Sheriff's Officer to serve them on the Bank. This cost me £15.97. The court sends you a list of local Sheriff Officers you can use. Only do one claim at a time. Both claims are almost identical.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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You can use the English system but would need an address in england or a POBox no for correspondence.

Prelim Sent -27/02/07....

Response Letter rec'd -13/03/07....

LBA Sent -15/03/07...

Court claim due-30/03/07

Offer received(10p/cent short)-declined for full amount-28/03/07

Success FULL 6yr amount offered-29/03/07:D

........not yet received because they want me to accept conditions!!:(

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  • 4 weeks later...

Just thought I should give a quick update. I recalculated my sons charges and with interest the final claim was £3,300. The letter was duly sent off to RBS on 2nd March. Sixteen days later RBS replied stating that they did not accept the charges were illegal however, as a gesture of goodwill, they offered my son £2,800. He has accepted. It's amazing what one little letter can do!!

 

Regards,

 

Dollymop

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Well Done Dollymop.

 

But I'ts still £500 short of what they were due you. I know £2,800. is a lot of dosh but if you had continued with your claim you would have got the lot. In saying that this way you have no more hasstle chasing the bank through the courts and if your son is happy with £2,800. then good luck to him. A lot of people in the same situation would have done exactly the same thing. I hope he gives you a bung !

 

Well done again.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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maroondevo52,

 

The money arrived from RBS this morning and believe it or not my son called me and offered to pay back the money he owes me!!!! Wonders will never cease!!

 

Regards,

 

dollymop

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Well done, Dollymop, I knew you'd get something.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Help required please!

 

I am at the stage of preparing court submissions. I have involved a solicitor and I am claiming £5040 plus interest..

My concern is that the particulars of the claim, refer to section 69 of the county courts act. I live in Scotland and I am pursuing the Bank of Scotland at their Rosyth address.

This is a business acount as a sole trader.

Are there any precedent's set?

I really want to nail the bugg***

Any advice would be extremely helpful.

 

Thanks

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