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  #31  
Old 06-February-2002, 21:23
bkind
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Exclamation court action

hi rti,

i feel i can no longer wait as they are really harrassing me again here - and i feel i am not the only one who is going to get caught in this new wave of DLC and Tiscali contact. i phoned DLC again today - before i found this board, and they were as unhelpful as ever, insisting i pay up right now.

I also phoned Tiscali again who now apparently have no records of me at all, despite sending a dossier of proof, containing some 20 pages last August. I had not heard from them since, thinking they had finally given up. Big mistake!

I hve now actually taken your example of your letter and made my own version of it, lol - and I am now going to threaten suing. I have just myself finished photocopying and will be sending the letters first thing in the morning. I have only threatened to sue Tiscali and DLC, not Alpins, because to date I have only had one letter from Alpins. However, I am sending them a copy of the same letter too.

There is just one very important adjustment I would like to point out that needs to be changed in one of your sentences in your letter (which was incredibly helpful - big thank you!!) - you are saying that you will proceed unless you hear from all parties or a spokesperson of all parties -
dont forget to put in there - IN WRITING!!! - I am sure they will otherwise just try to call again - although I have to say I had not tried to section 40 yet, but look forward to doing so if necessary!

I am still very interested in class action, and would very much like to know how to go about that - can one claim just join another? -
If anyone has information about this, please contact me at bkind33@hotmail.com.

May I also point out to the poster in one of the threads suggesting we are all petty in claiming for small amounts to consider this:

Tiscali has tried to claim of me - without any foundations whatsoever - £219 - i actually, stupid as I was then, paid up at the time, 18 months ago and quit the service, thinking that would be that. Since then, they have not paid me back for the bill that i have no idea where it is originating from - but they have also sent me bills for £121, £178, £129, £70, £69, £32 and now the latest court threat of £51. I was foolish enough to pay the first time. Do not believe for a minute that this necessarily solves the problem! It did not.
And on top of that there are simply harrassing, threatening and quite frankly menacing phone calls at home - I am a self-employed single mother of a disabled child, trying my best to make ends meet and make a good job of it. To me this money matters! And not only that, the methods they are using to try and bully you are simply illegal! As nobody else will do anything about it we have no choice but to defend ourselves.

So, I am off to the post-office in the morning with one copy for Tiscali, one for DLC and trying again, one to Watchdog and one to the Guardian consumer page. I have also today reported them to Trading Standards -

for those who have not yet done so, please ring centrally, Ian Dobson, Trading Standards, 0207-3323406. He is apparently the guy dealing with all of Tiscali.

RTI, I would be happy to send you a copy of the whole of my 20 page dossier should you want it or need it - just get in touch with me at the above email address. Your suggestions for letters were inspiring!

This is how I have now spent the last 8 hours - so to anyone who still doubts the validity of our claims - you are welcome to do it all for me - i am more than happy to send you every shred of evidence.

All the best to all
Bea
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  #32  
Old 06-February-2002, 21:47
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Just a different angle...

Might there be the possibility of a complaint to the Law Society against Alplin if we have enough evidence on these pages that they are condoning harassment.. and of course copy to Trading Standards.

I've certainly found it is worthwhile to copy my Member of Parliament with a summary of my individual case and pointing out others are affected too. MP's would be interested in the failings in the law and the inablity of the various regulatory organisations to prevent this persecution.
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  #33  
Old 06-February-2002, 22:48
bkind
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Exclamation tisclai and MPS

hi there -

as you can see above, I am now going down the same road as rti is and all letters are sealed and signed to go in the post (registered of course) tomorrow morning.

I will follow in rti's footsteps and take them to court as this is s story without an end

I would like to invite anyone to write to me if they are going down the same road, to collate a list of people who are actually in the process of sueing. there might be a possibility of combined class action at some point, as well as being witnesses at court for one another - I personally had thought of bringing along about 50-100............

in the meantime MPs
i hear what u are saying Worldlife, and i am interested to see you are in West Sussex - so am I. Can you tell me which MP you worte to? Again, it might have more clout if one MP has several (or hundreds) of letters in order to be determined to follow this up.

As for sueing Alpins, I resisted that as they only sent me one single letter once - but they will still get a copy of the whole caboodle with a note stating, 'with my compliments, find enclosed a dossier of documents concerning your clients'

I am sure more updates are to follow, but that's it for now - i gotta get back to work sometime...........

all the best
b
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  #34  
Old 06-February-2002, 23:24
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Post Court Letter

TO THE COURT

Dear Sirs

I enclose:

∙ Claim Form (2 pages, including Particulars of claim).
∙ Claimants Document Register (7 pages)
∙ Cheque to value £27.00 by way of the Court Fee
∙ Good quality photocopies of the documents referred in the Document Register.

I confirm that each defendant has been served with the first three items identified above. However, since the Defendants are all in league, and since all documents in the register were either received from or sent to one or more defendants, the defendants are in a position to compile an identical dossier, obviating the need for further photocopying.

The Claim Forms as submitted to the defendants are identical in all detail except defendantsí address in the lower box, which is of course appropriately personified.

Yours truly


TO THE DEFENDANTS

Dear P Shah of DLC, Dear Sirs of Aplins, Dear Mr Taylor of Tiscali

Further to my letter and enclosure of 22nd December 2001., I can confirm that I returned a telephone message to DLC (premium rate, kept holding several minutes) on 8th January, advising that they are to refer the matter back to World On Line. I also received a further undated communication from World On Line once again threatening suspension of the (long-since closed) account and reiterating the legal proceedings rights.

Accordingly, I confirm that I am hereby applying to the courts for an injunction to prevent harassment from the identified companies, along with recompense to value £93.50 and court costs. I trust the case will come to fruition quickly, thereby halting this flood of irrelevant but intensely irritating devices and confirming formally to the satisfaction of all parties that I am not in debt.

I will advise of the claim number upon receipt; meanwhile please find attached the claim form, particulars of claim and claimantís document register that are being filed.

Tiscali has - or should have - all referred documents in the register up to and including item 30. DLC should have documents 31 onward (except document 33 which Tiscali should have). I am assuming that Aplins will not wish to go through the detail and that DLC, as Tiscaliís appointed client, will combine resources with Tiscali to make an identical dossier to the one submitted to the courts. At this stage therefore I have attempted to keep costs down and not made further duplications for you all. However, if any of you wishes me to copy any or all documents, in the knowledge that the claim value will be increased pro rata by the cost of copying (£1 per copy per sheet for incoming mail, £0.20 per copy per sheet for outgoing mail and e-mails), please advise of your requirements which I will attend promptly.

Yours sincerely

RTI

Enclosures


BRIEF DETAILS OF CLAIM

The Claimant used to have an account for Defendant 3 to supply telephone services and internet access. The Claimant is being pursued for debts to The Account. However, the Claimant maintains that the account is not in arrears. The particulars of claim and referred documents corroborate the Claimant's contentions that The Account is cleared of debt and was so cleared at the earliest opportunity, frustrated by Defendant 3 twice returning the tendered payment. Some while into the dispute Defendant 3 referred the matter to Defendant 1, who in turn involved Defendant 2. Despite Defendant 3's written request that the Claimant deal solely with Defendant 2, Defendant 3 continues to approach the Claimant with largely irrelevant correspondence reserving the right for legal action. The Claimant contends this barrage constitutes harrassment. The Claimant claims the cost of correspondence preparation, stationery and postage disbursements. The claimant also requests that the court vindicate the account has a zero balance and place an order on all defendants to not harrass the Claimant further over this matter.


PARTICULARS OF CLAIM


The Claimant used to have an account for Defendant 3 to supply telephone services and internet access. The Claimant is being pursued for debts to The Account. However, the Claimant will show in these particulars that the account is not in arrears.

The notional arrears that Defendant 3 pursued originally, and subsequently employed Defendant 1 to do so, who in turn enlisted assistance of Defendant 2 to threaten the Claimant further, is fundamentally flawed. The notional arrears consisted of administration charges and charges for access to the internet. This is now compounded by additional notional arrears that have been paid to Defendant 1 but evidently not registered by Defendant 3.

Documents 1 and 7 corroborate the Claimant's contention that the account should be bereft of internet call charges. However, invoices (documents 8, 12 & 16) identify internet call charges.

Administration charges were charged to the account as the credit card payment had been suspended. Documents 3, 4 and 28 corroborate the Claimant's contention that the Claimant never withheld or suspended payment by credit card; accordingly, administration charges levelled in the referred invoices are not applicable. Furthermore, the Claimant twice tried to tender the amount of the outstanding invoices with which he concurred (ie the charges except internet and administration charges) on two separate occasions (Documents 17 & 19). However, on both occasions, the payment was returned (Documents 18 & 20).

A further invoice (Document 33) contained a (disputed) nonzero "brought forward" balance. However, the additional content of the invoice - for non-internet call charges was admitted. This agreed amount was included in the Claimant's aggregate submission to Defendant 1. The inclusion of the late invoice was clearly referenced in correspondence (Document 35). After the submitted tender with Document 29 was cashed, the Claimant was satisfied that he had discharged the account in an equitable manner.

From the above, the Claimant contends that, he owes Defendant 3 nothing and seeks ratification of the zero balance.

Nevertheless, Defendant 1 involved Defendant 2 who advised that a court claim would be brought against the Claimant (Document 36).

Despite the fact that Defendant 3 had placed matters in the hands of Defendant 1 (Document 29), Defendant 3 continued to harass the Claimant for money. Documents 37, 38, 40 & 43 refer.
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  #35  
Old 06-February-2002, 23:24
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Bea....
I have written several times to Howard Flight MP on matters concerning both Localtel/WorldonLine/Tiscali... he has always been most helpful
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  #36  
Old 06-February-2002, 23:55
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Exclamation Law Society/Howard Flight

Vic

Nice one :-) Have you cast a stone to the law society? If you are in dialog with them by all means mention my name.

Although I am based in Essex, given your positive experience from Howard Flight and given that you - and now Bea - have / are to contact him over these matters, I think I'll also send him a summary letter.

Roger
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  #37  
Old 07-February-2002, 00:11
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Roger... the concept that the Solicitors might be acting unprofessionally if they support harassment actions is the result of coming back fresh to the Tiscali problems. Didn't need to use those stones in my armoury though.

It is just shameful that this Company continues employ such high handed tactics against decent people and every avenue should be explored. At the end of the day though your legal action seems the primary solution.

Once again wishing you every success and understanding the extenisve and hard work you are doing to fight the case.
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  #38  
Old 07-February-2002, 00:38
bkind
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Default last action of a busy day.......

will be doing one more thing tonight and that is to write to Howard Flight as well. Although he is not my MP (mine is Laura Moffat), I think it will be better if one MP has got more than one case to look at. If you would not mind rti, i will point out to him that by looking at this board he will also get a clearer idea of how many people are truly affected and hope that this will help........

rti, again, thanks for posting your correspondence - i am immediately going to print it off, so that i can use some wodring u employ so well..........gotta say, the defendant 1, 2 and 3 thing made my head spin and gave me the first laugh of the day after having dealt with tiscali and dlc all day long........

all the best
b
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  #39  
Old 07-February-2002, 09:35
bkind
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Default MPs letters - update

emails to both Mr Howard Flight MP and Ms Laura Moffat MP have now been sent

all the best
bea
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  #40  
Old 07-February-2002, 19:21
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After a week of harrassing phone calls from DLC, I notified my Solicitor. We are already counterclaiming that the debt is wrong, but this does not seem to have any effect on the morons that sit behind the desks at DLC.

The last telephone call I received from them yesterday, I informed the woman (Haley) that they must speak or write to my Solicitor as he is now dealing with the matter, and not to harrass me any further by telephone, as my Solicitor had written to them asking them not to harrass me further. Hayley denied that they had even received such a letter, and told me that they could not speak or write to my Solicitor as it was me personally that they are chasing for the money. I put the phone down on her, as it was obvious that it was going in one ear and out of the other.

I rang my Solicitor directly afterwards and told him, and he said that they cannot refuse to deal with the matter via him, or they would be breaking the law.

Today, I had a letter from DLC dated 5th February, stating

Quote:

You have failed to respond to our previous communications, therefore an agent wil lnow be instructed to call at your address to collect the amount owed to our client.

To prevent this, you must telephone one of our negotiators within the next 72 hours. Unquote.

My Solicitor is sending me a letter to produce to anyone from DLC who may turn up at my home, informing them that they are breaking the law by harrassing me when the account is in dispute and we are counterclaiming against WOL.

Tonight the phone has rung several times, and when we pick it up there is someone on the other end, but they hang up. We know it's probably DLC again, as we have never had this sort of thing happen before. We are both middle aged, and my husband is mentally ill, and suffering from depression, and has attempted suicide already several times over the harrassment.

Our family GP is writing a letter to be included in the Court Action against WOL and DLC for harrassment.

I wonder what will happen next?

I would be interested in Class Action

If you wish to contact me direct my email address is

aynglfyre@aol.com

I will be writing to my MP this evening after reading this thread.
It's about time companies like WOL and DLC were told that bully tactics against innocent people are not tolerated.

Last edited by Aynglfyre; 07-February-2002 at 19:27.
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  #41  
Old 07-February-2002, 20:11
kitgem
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Default Court Action!!!!!!!

Hi bkind, sorry to hear that you too have had problems with this lot of infidels!!!! Since my last posting I have contacted Trading Standards and currently seeking legal help as well as contacting my councillor. I like yourself am considering whether to take combined legal action as it would be benefical to all our cases to show Localtel/World Online incompetence with accounts/incorrect billing/admin etc whilst sending their ex customers to debt collecting agency and the resulting harrassment via the telephone and solicitors letters threatening court action etc. The main problem being location as everyone seems to live miles apart from one another. I was wondering if this may be possible though. If this isn't possible it may be in all our interests to flood OFTEL, Watchdog, Working Lunch and the newspapers with our stories. I for one would not mind being interviewed on television, such is my contempt for the way this whole fiasco has been handled.
Hi Aynglfyre, why don't you contact B.T. to arrange blocking of your phone. Its free for the first month and simple to do. It may be wise to ask your solicitor to send them an stronger letter regarding the harassment.

Good luck all



Last edited by kitgem; 07-February-2002 at 20:19.
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  #42  
Old 07-February-2002, 23:50
bkind
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Default joint class action........

dear kitgem and aynglfyre,

please take a look at my posting i have just done at

Collective Court Action against the Infidels!!!

kitgem, please also feel free to email me at bkind33@hotmail.com

aynglfyre, i will be emailing you right now too, thanx for posting your addy
do u think there is any chance you could ask your solicitor if others can come in on the claim? or ask him if there is any real chance of a joint class action? if not or u dont want to do that for any reason, that is fine too, dont feel pressured - i will find out somehow
but if there are 4 people already, within 24 hours, feeling so threatened that they feel they have no option but to defend themselves by sueing themselves, that says to me there is a case to answer. And again, please both of u ring ian dobson on 0207 - 3323406 who is desperately looking for people like us to strengthen his claim against Tiscali. again, look at the 'collective court action against infels' posting i have just made.
in the meantime
all the best
bea
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  #43  
Old 09-February-2002, 10:39
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Default Subjudice

I now have a claim number. I therefore feel it is inappropriate for me to elucidate further in the public forum until the court case has been heard.

If there is, even at this late stage, a means for this to be lumped with others as a class action, I'm all ears. Similarly if anyone else is already in the throes of legal action that wishes to refer to my own claim number, please post here how I can get in touch.

Roger
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  #44  
Old 09-February-2002, 14:31
nemmie
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Default DLC own Aplins?

I dont think aplins are a genuine solicitors practice
I believe they are a shell companyowned By DLC it is common for debt recovery agencies to set up these "solicitors" solely for giving their correspondence an official feel..the whole principal of debt recovery in this country is based around intimidation of one way or another..from the loan sharks with their knuckle dusters to the "respectable" Debt recovery companies like DLC with their fake court letters and repeated phone harrasment
For the record I threatened them with Section 40 and they asked my why I thought they were harrasing me..I told them..she disagreed...I said its not up to you its up to the police..this is a criminal matter..She agreed to remove my number from their system and refer it back to WOL once again..for the moment I am happy with this although Im watching what happens with you all here...Good luck! although I dont think youll need it
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  #45  
Old 09-February-2002, 15:05
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Default Aplins are real.

Hello Nemmie

That thought crossed my mind a while back. However, http://www.oxfordshire.co.uk/data/019738.html would suggest that they do exist.

There are a few cases also on the web that show Aplins are not the quickest of solicitors either <are any of them? ;-)>

Roger
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  #46  
Old 09-February-2002, 20:43
carrots
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Default TISCALI HARASSMENT

Thought I'd add my own story about Tiscali & DLC.

With WOL at my previous address, moved 10/2001. WOL failed to connect my new phone for six weeks, finally gave up on them, terminated my account and claimed compensation for loss of service. I billed them for £200 (£280 suggested by OFTEL, I deducted my final bill). They paid!
Connected with BT.

1/2001 Tiscali begin billing me for the line they never installed. Customer Services totally useless, even got through to people who told me I was lying & was a Tiscali customer.
Letters to and fro, etc.
Bills sent monthly.
Duplicate bills sent to my parents' address - don't know where they got this from - poss. my previous address, but this confused my Dad who has the same initial as me.

8/2001 Letters begin arriving from DLC for about £70.
I actually found DLC very helpful - when I explained the woman said "typical" and referred the debt back to Tiscali.

9 months on, an apology from Tiscali and an acceptance that they had never connected my line and should never have been charging me for it ....

however ...

delight soon ended when reading page 2 of the letter, which said that "close scrutiny of my accounts revealed ..." that my final bill at my old address (which they had deducted from my compensation) had never been paid and was being immediately referred to DLC ...

start process over again.

i ended up paying DLC because I hadn't kept all the paperwork from my previous account assuming it all to be settled.
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  #47  
Old 09-February-2002, 20:52
nemmie
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Default I stand corrected

Okay they exist
but why do all letters I have for them give only DLC details
never any contact info apart from address
And it is common practice for Debt Recovery Companies to do this..some major companies even own their own debt recovery companies which in turn own solicitors..its a murkly old world out there..so they exist but who owns them?
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  #48  
Old 09-February-2002, 21:00
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Exclamation As little as possible

Nemmie

Solicitors not only charge to send letters but to receive them too. I have surmised that, in an effort to keep costs down, DLC ask Aplins to issue the letter and then back off, only contacting Aplins a second time if they want to go through with one.

That said, Aplins's wording and subsequent inaction confirms both harrassment and untruth.
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  #49  
Old 11-February-2002, 07:23
kitgem
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Cool Debt Collectors


Hi rti as you say you now have a claim number- looks like I have a way to go before I catch up with you and bkind as I have been legally advised to send a few letters before I am able to sue. If I can help by e.mailing my experience for your court cases, then please let me know, (obviously will need to input my real name and full details of address etc). Good luck with your case!

Hi bkind I rang Ian Dobson Trading Standards, on Friday 08/02/02, 0207-3323406, unfortunately he was at lunch so, I e.mailed him my experiences/details/contact info. I am awaiting his call/e.mail.
I will be answering your e.mail relating to Dinah at the computer magazine.

So, after my letters, I shall be contacting OFTEL, Watchdog, the media etc. to tell my story!

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  #50  
Old 11-February-2002, 08:27
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Exclamation E-mail me please....

Kitgem et al - I would VERY MUCH welcome a reasonably concise synopsis of your tribulations with any World On Line experience involving DLC and/or Aplins - good or bad. In the first instance, mail me at roger_the_insoNOSPAMmniac@yahoo.com (remove the anti-spam) with a sentence or two explaining who you are and why you're contacting me; I will reply soon after with a permanent e-mail address that is monitored more frequently.

If I may - from the hip - suggest the following format for any reports sent to me - a sentence or two for each sub section (more if appropriate) - except the dates of course. This will allow a degree of consistency in any I use for presentation at the courts:

* Date you became aware of the problem:

* The Problem

* Your actions prior to DLC getting involved after you became aware of the problm

* Date DLC got involved

* Whether BOTH DLC AND WOL continued to communicate or just DLC.

* Your actions subsequent to DLCs involvement

* Date Aplins sent 72-hour wonder

* Your actions subsequent to Aplins's involvement.

* The Outcome

Thanks in anticipation.
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  #51  
Old 15-February-2002, 14:18
bkind
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Exclamation news, lots of it.............

i have been bogged down with work this week and have not been able to write much about what has been happening, but also posted a message in one of the above threads somewhere with a mini-update last weekend - but since then some more things have happened.........

But first of all - RTI, i have not had a chance yet, but i will put together a letter/email as you suggested at the beginning of next week so that it might be useful to you i hope. If it is more urgent than that please let me know and i will try and do it before next week..........

ComputerActive magazine
Onslo had written that it might be useful to contact Dinah Greek at
Dinah_Greek@vnu.co.uk
at the magazine, as she had apparently done a previous feature about tiscali/WOL. I did last w/e and she did phone me on Tuesday. She wanted to know about my case and was very interested in passing on the whole caboodle to their legal team. She also asked me to please ask everyone to briefly put together a short email with the main points of what has been happening to them. Alternatively you can call her on 0207-3169174. She is interested in doing another feature on them, but also to follow them and our cases up personally........

Ian dobson, trading standards - heard nothing at all of him all week despite sending him the whole dossier of over 20 pages of evidence.........

But now, today, hold onto your seats........
12.30 I get a call - DLC
I immediately told the woman I did not want to speak to her that everything had to be done in writing as I had stated in my letter announcing court action.............
She was very rude and kept saying (while I was speaking) that if I would let her get a word in edgeways, they are now discontinuing all action!!!!!
I said I did not accept that in any other form than in writing.......
20 minutes later I get an email as follows:

Dear Ms .....,

futher to your recent correspondance of 6th February and
our telephone conversation on

the 6th February ar 12.30, I can confirm your account has
been closed and your file

returned to our clients.

Regards

Mrs L Clarke


now i am still not convinced by this, i have got to admit, because last year in august i was also told by dlc that they would refer my case back to tiscali, and then i never heard of them again until earlier this month with new demands from dlc, new sums......and having heard not a peep out of TLC since august last year either (and Ihave always written to that address in Cheshire - guy called Russel Taylor) and always registered letters......... so at the moment i am not entirely sure what to do about it, if to still go ahead with action anyway, seeing that i have not heard from tiscali and that i have not got a letter as such - as i asked for - clearing me of all liability................. advice gratefully received.

however, i would like to make clear that i will still be very much available, whatever my decision, to be a witness to anyone who needs me and to write that email you need rti, or that anyone else might need in the future. I am still mailing dinah at computeractive magazine the rundown of things as well, and i will still persue to complain about both of them to trading standards (or to anyone else who will listen for that matter.......)

but right now i am just surprised and whatever my decision, i already owe u rti a big bunch of flowers for giving me the idea of threatening court action myself instead of waiting for them to harass me even further........

for now, all the best
bea
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  #52  
Old 15-February-2002, 14:39
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Post E-mails/letters

Thanks for the offer of an e-mail, Bea - and I look forward to the synopsis in due course. There is certainly no urgency on this. It will be at least a fortnight before any hearing can take place after disclosure, which has still not been called

Mrs Clarke told me that they would refer it back to Tiscali in a phone call after my first letter threatening to turn the tables. I told them "too late, you're on the hook unless I get sonmething from or on behalf of all parties".

Anyone else care to chip in with a scenario? ... please??

Roger

Edited 2 minutes after posting to correct typos and add about the DLC phone call

Last edited by RTI; 15-February-2002 at 14:42.
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  #53  
Old 15-February-2002, 22:53
nemmie
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Default Update on my situation

Since the phone call where I quoted the Administration of Justice Act to their rep and my subsequent letter enclosing (for the third time) a copy of a letter from Tiscali stating my account was cleared (Something I requested at the time..and wonder of wonders I actually got)..I have heard nothing from anyone
I rang DLC yesterday and they couldnt find me on their system
So its all looking hopeful for me
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  #54  
Old 16-February-2002, 02:32
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Thumbs up

Thanks Nemmie. Pleased its worked out for you.

Anyone else?
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  #55  
Old 18-February-2002, 10:52
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Latest form me is that - despite DLC promising to take me to court - I've been referred to a 'field agent', whatever the hell that means. I've politely asked that they commence the proceedings they keep beating me over the head with, but they seem somewhat reticent to do so.

Gits.
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  #56  
Old 18-February-2002, 19:24
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These "Field Agents" could be the next form of low life. Ruthless agents who work on a commission only basis to intimidate people to pay alleged debts.

If you are involved in formal correspondence with the Company alleging the debt has no validity do not entertain discussions with "Field Agents"

Explain to them that for security reasons their approach to the property and the conversation you are having with is being recorded on a video camera. Demand they leave your premises immediately.

That's an off the cuff gut reaction but others may know better.
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  #57  
Old 18-February-2002, 19:31
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Angry Field Agents

FastShow

Worldlife must be right - we are talking barrack room bailifs here. His advice is sound. However, additionally I urge you to seriously consider turning the tables as I have. If you are sure you owe them nothing, preferably with proof (but as a next best thing **certainty** that they have no proof), you are now being harassed and have a legitimate case to seek an injunction to prevent such harassment.

Good luck with whatever you decide.
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  #58  
Old 19-February-2002, 13:09
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I've no intention of talking to the field agent and I'll be writing to DLC to that effect. However, I've not officially been told that one is visiting yet, so I'll maybe wait and see what happens first.

Like I say though, I'll certainly not be discussing the debt with anyone who turns up on my doorstep.
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  #59  
Old 19-February-2002, 14:29
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Exclamation Don't let him on the threshold

A bailif with the correct paperwork has a legal right to force entry to reclaim property. However, first he must already have been inside the house. Keep him on the doorstep or beyond, no matter how impolite it seems.
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Old 19-February-2002, 15:20
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As far as I am aware a Bailiff can only be employed to collect debts after after a Court Order has been made and a person fails to meet the terms of that Order.

From my understanding these "Agents" are being engaged as a form of harrass people into paying alleged debts that they wish to challenge in a Court of Law.

They are not Bailiffs and I would suggest they are acting totally outside the law if they give any impression that they are.

My views seem to be reinforced by:-

Civil Justice Council - Review of Bailiff Law

Information about the work of The Civil Justice Council is on:-

The Civil Justice Council

Wonder if it might be worthwhile reporting that the experiences of members of this forum concerning debt collection methods indicates a need for changes iin the law or more stringent enforcement of existing consumer protection.

Might be worth an email to:-

cjc@courtservice.gov.uk

Edit corrected email link

Last edited by Worldlife; 19-February-2002 at 22:01.
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