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  #91  
Old 21-May-2002, 13:22
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Talking Noi Defence

I have received notification that Tiscali's defence has been struck out as they failed to complete their allocation questionnaire and that I am now at liberty to enter judgement against them.

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  #92  
Old 21-May-2002, 14:12
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Congratulations Roger.....well done!!!!

:cheers;....................
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  #93  
Old 19-June-2002, 18:36
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I've been following this saga with considerable interest, and I'm very pleased that it turned out OK for you, Roger. I assume that the fact that there have been no more entries in this thread means that your court remedy has worked.

I left Tiscali a year ago, but they owed me money re my rental. Despite a few emails, I heard nothing from them. Then I began to receive customer offer emails from them, so I replied to all these emails and reminded them in each one of the credit I was owed.

In the end, I received an apology email from them, and a little while later I received a couple of refund cheques, which I banked. So a little persistence paid off.

It's strange that they should be quite reasonable with me, but be quite horrendous with other people. As Lady Thatcher said, it's a funny old world.

Mike
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  #94  
Old 20-June-2002, 03:45
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Default Court remedy

...is still working, Mike.

I am confident that, were I to apply for judgement straight away, my claim would be met in full.

I have the judgement card ready to play - but at the moment I am being public spirited and trying to work out a way that other beleagered Localtellers can get redress on the back of my case.


Keep the faith....
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  #95  
Old 21-June-2002, 21:06
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I have just spent the last hour ,or so, reading your traumatic experience with WOL/Tiscali and quite frankly, forgetting your public spirited view, you deserve every penny you get from those
disgraceful blaggards (that's a good old fashioned word) I have said many a time on the Scream that the best way to deal with this mob is to leave them.
I left them early 2001 and it was like a breath of fresh air, honestly.
Good luck and my congatulations on your spirit and fortitude, it was really fanatastic to read of an individual standing up against a tin pot outfit who really don't know their a***e from their elbow.
God's speed to you RTI !
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  #96  
Old 22-June-2002, 01:27
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Thumbs up Thank you

Why thank you, Canmag. views expressed such as you just have make it all worthwhile.

I can't remember the name of the film - its an oldie - and had the word "blaggard" in it too, but the expression I take from the film - and I'm sure someone will tell me what it is soon - is "Let right be done".

Roger
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  #97  
Old 24-June-2002, 20:10
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The word 'blaggard' is no longer in the Oxford English Dictionary, but my recollection is that is a person who would do you wrong, hence, my use of the word.
True to say, it is a slight understatement, and a lesser refined word could perhaps more aptly describe that outfit.
As a senior citizen I take great heart when I read if such instances when people refuse to accept the threats and pressure of beaurocracy.
Anyway, before I ramble on, my best wishes and good luck for the future.
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  #98  
Old 29-June-2002, 09:40
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Thumbs up An update.

I have not yet applied for judgement, but have entered into a convivial dialogue with iDG.

This has culminated in receipt this morning of a cheque direct from Tiscali which covers my claim and court fees. The settlement is not made "without prejudice" and has no gagging order. However, it makes no reference whatsoever to the broadside issue of how many others have undergone similar harassment.

I was literally abouty to raise the stakes by applying for a disclosure order (via the courts). This would have cost me (temporarily) another 50 court fee and ensured there was a hearing prior to judgement. The intention of doing this would be two-fold:

1. To get into the public domain the sheer degree that this harassment has perpetrated, mostly (I assume) netting money as normal God-fearing individuals will pay up the few tens of pounds rather than risk losing - or in many cases even facing - a battle in court.

2. To give myself some chance of exemplary damages.

I appreciate the latter are few and far between, but also recognise that, when awarded, they are pretty substantial. I am considering my options now and would welcome suggestions from all quarters. Ideas on the table include:

a) Take the money and run.

b) Take the money, go public via the NOTW or similar

c) Send the money back and go with original official route of seeking disclosure.
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  #99  
Old 29-June-2002, 12:58
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It's difficult and I'm not completly sure the way I would go in the circumstances.
a), take the money and run is a reasonable option and one that many would take I'm sure. I would not blame anyone if they took this option given your 'experiences' etc.
b), for many, take the money and go public, would not really be an option. Think about it, what publicity could you ACTUALLY get. Little, I doubt.
c), send the money back (well, keep the cheque at least - proof/evidence!) and go with original official route of seeking disclosure. This is on balance my favoured option. It WOULD get publicity and could be quite revealing! But there are no guarantees either!

One point to consider, why HAVE they sent you a cheque WITHOUT strings!
Good luck whichever route you take.
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  #100  
Old 29-June-2002, 13:29
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being an ex Worldonline customer, i have followed this thread with interest, as whilst my leaving was messy i managed to get out without money issues !!

if the cheque was "without prejudice" then surly you can accept it with the same 'conditions' so surly that then changes nothing and you can continue on as though it did not exist.

"without prejudice" can be seen as a bribe or hush money, i would take it, cash it and raise the stakes.

then again i am a 'bloody minded type' when it comes to things like this


tony
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  #101  
Old 29-June-2002, 15:18
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Thanks, Gem and Tony.

Apologies! I slipped in a double-negative in my earlier post, causing ambiguity. I would clarify the following key points in the letter from Tiscali among the truth-stretching and grammatically suspect puffery:

1) The offer is prejudicial in that it does not have preconditions. Further, the phrase "without prejudice" is nowhere to be seen.

2) The cheque was sent "... for the balance of your claim, in full, against Tiscali UK". {Note NOT "full and final settlement"}

3) "....no further correspondence in relation to this matter [the billing - harassment] will be issued.

4) Tiscali ".... does not ... accept that there has ever been any deliberate harassment of customers or malpractice of any kind. {They do not accept and therefore are not investigating - this denial strengthens my resolve to continue}

5) The account balance closure is NOT made on a goodwill basis - I have rejected that out of hand on many occasions and this further prejudices the case.

Taking the above into consideration, I am more leaning now towards sending back the money and going for disclosure. If I take it, I think I would close the door to my humble case being used as a key to a lot of doors for others.

Any further thoughts?
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  #102  
Old 29-June-2002, 16:05
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would think as you that keeping the money or not is the key, with your clarification it would seem that if you do you stop, which is what i assume they expect you to do

your fight, but no harm in doing the unexpected!!

that apart, a first offer in my mind is only ever for referance, they will have more to offer

tony
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  #103  
Old 29-June-2002, 18:39
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Thumbs up

If that's the way you feel (leaning) then go for it RTI. Good luck, we are with you (in spirit at least).
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  #104  
Old 29-June-2002, 21:35
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Going back a bit and not really on the thread but I have only ever seen the word written as "Blackguard", although it is pronounced "Blaggard".
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  #105  
Old 29-June-2002, 22:55
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Default Blaggard

and straight from my Collins...

blackguard (`blg:d, -gd) an unprincipled contemptible person; scoundrel(as modifier): blackguard language (tr) to ridicule or denounce with abusive language(intr.) to behave like a blackguard[C16: originally a collective noun referring to the lowest menials in court, camp followers, vagabonds; see BLACK, GUARD]

Perhaps referring to them as blaggards was slightly insulting... to blackguards...
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  #106  
Old 04-July-2002, 19:21
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Default blaggards

I stand by my original description of 'blaggard' Dreadful people who should be horse whipped and put in the stocks, then pelted with rotten eggs and veg. and the wife if necessary!
Seriously though, one must always take a deep breath, take a step back, sip the beginnings of a large cognac, then take the ******** for all you can get. Assuming of course that you still have the bottle for it. Which of course you have. Surely you haven't finished that bottle of cognac already?
Whatever, the very best of luck whichever avenue you take.
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  #107  
Old 04-July-2002, 21:59
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Wink Option C

All for one.... ;-)
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  #108  
Old 09-July-2002, 21:33
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Just a quick note to give ongoing support here.

Looks like my sun tan will be washed off before I've worked through three weeks of junk post and bill and the email spam!

A noble decision to continue the battle Roger that I'm sure will help others too.
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  #109  
Old 09-July-2002, 22:31
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Default Welcome home Vic

Thanks for your encouragement - PM on the way in a few moments.
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  #110  
Old 10-July-2002, 00:14
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Default Tiscali's debt collectors are going to take me to court

Hi Roger, good luck what ever you decide to do. Please note that if you need any statement (relating to phone harrassment or otherwise) that I am willing to provide this if you should need it.
Kitgem

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  #111  
Old 13-July-2002, 12:34
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Default Help please Kitgem

Kitgem, YES PLEASE

Can you please put together an e-mail outlining events that have occurred to cause you to feel how you do? This is now quite urgent.

I would suggest the easiest format is a simple tabulated document identifying all relevant correspondence as follows:

Date: Method: Initiator: Receiver: One or two sentence precis

eg

3rd July: Letter: Tiscali: Me: Letter advising account closed
5th July: Telephone: Tiscali: Me: Request for credit card detail
7th July: Letter: iDG: Me: Letter advising account passed for collection.

Anything like that would be gratefully received.

Thanks in anticipation for anything you can send me - I believe you have my e-mail address already, but I will PM it to you again just in case.

Roger

Last edited by RTI; 13-July-2002 at 12:37.
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  #112  
Old 26-July-2002, 20:54
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Default Tiscali's debt collectors

Still monitoring you progress Roger, with a great deal of interest and a heap of moral support.
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  #113  
Old 26-July-2002, 21:06
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Thumbs up Hearing scheduled.

A brief update for regulars.....

I sat on the cheque - I put it in my piggy bank - as an uncashed cheque. I told Tiscali I had banked it but wanted disclosure of the wider picture.

They wrote back saying that banking the cheque was "case closed". I didn't agree, but returned the cheque anyhow, which came back again with "no more correspondence". They are getting very angry... almost like one would get if one felt harassed... ;-)

Anyhow, in parallel to this - I applied for a hearing for disclosure - and one has been scheduled

I won't post the date here - but I will keep all informed for sure as far as I legally dare.

RTI

Simultaneous post with Canmag by total fluke. Thanks for the ongoing moral support, friend - much appreciated.
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  #114  
Old 27-July-2002, 07:21
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Another member of your supporters club signing in Roger.

Thanks for your update.

Won't wish you good luck though. You don't need it. I'm sure your case is strong and watertight and your skill and honesty will ensure justice is served.

Vic
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  #115  
Old 27-July-2002, 09:59
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Question Strong and watertight

Won't wish you good luck though. You don't need it. I'm sure your case is strong and watertight and your skill and honesty will ensure justice is served.
Thanks, Vic. I have much respect for the British justice system at county court level and I hope that Lady Luck does not play a significant part. However, any good luck wishes from all quarters will be appreciated for the spirit of their intentions.

I am confident, though not complacent, regarding proof of my financial claim and regarding the degree of harassment suffered by Kitgem, Bea and myself. I also have a myriad of printouts from this very forum group to take to the Disclosure hearing to consolidate my position. however, by its very nature, that is circumstantial and the judge may conceivably think (wrongly) that I am being vindictive. My motive is one of puiblic spirit - and if it happens to land me with an award for exemplary damages that's a bonus.

If anyone has any ideas about the best way to ensure that my pursuance beyond the "paid in full" stage is not plagued with "bad luck" I am all ears

RTI

Edit corrected "discussion" to "forum" in middle paragraph

Last edited by RTI; 27-July-2002 at 10:02.
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  #116  
Old 25-August-2002, 20:31
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Well.. the disclosure hearing is looming... 3rd Sept.

Anyone got any last minute suggestions?


R
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  #117  
Old 25-August-2002, 20:44
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The date is on my paper calendar!!!

No suggestions regarding the evidence side.

Don't know whether it might be worthwhile trying to interest a journalist at this stage. Might help you highlight the aspects of the case that will have most interest for the public and avoid you overwhelming the Court with too much detail.

...and of course ensure appropriate publicity concerning any inappropriate actions of either Tiscali or its Debt Collection Agencies.

Good luck m8
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  #118  
Old 25-August-2002, 21:40
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Yes Good luck m8 sorry No suggestions
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  #119  
Old 27-August-2002, 21:53
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Default Hearing

Hi RTI, good luck for the hearing on the 3rd September. I hope that all goes well for you. I am away till the 5th September, will you post on here to let us know the news?
Kitgem

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  #120  
Old 27-August-2002, 22:22
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dinah_greek@vnu.co.uk (Computer Active Magazine) was interested in hearing from anybody that was taking WOL/Tiscali to court (or the other way round).

'Slo

P.S. Good Luck !
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