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Fox Morris

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Everything posted by Fox Morris

  1. According to the WHOIS records, the company operating the Fly domain also owns Fly-service. If you have any concerns about the letter's legitimacy then contact them through the main website and let them forward it to the correct department internally. It's possible that your bank made the chargeback without properly explaining the reason behind it, and Fly have unwittingly lumped you in with all the other debtors as a result. You'll probably need to write to your bank to get them to confirm that the transaction was the result of a cloned card and forward this to Fly. Or if you reported it to the police, then confirmation of your crime reference number may be enough to resolve the situation. Either way I would contact Fly contesting the debt, explaining that it was a result of fraud and asking what they will require to stop pursuing the claim.
  2. The relevant law is The Road Vehicles Lighting Regulations 1989 Regulation 24(1)(a)(ii). It forbids any moving vehicle being used without lights "in seriously reduced visibility between sunrise and sunset". http://www.legislation.gov.uk/uksi/1989/1796/regulation/24/made The Highway Code further explains that this is generally when visibility is reduced to 100m (328 feet) or less. https://www.gov.uk/driving-adverse-weather-conditions-226-to-237
  3. It's unlikely you'd be accused of fraud but it could stifle any attempts you make to claim under the policy or even lead to a charge of driving without adequate insurance if the insurance company felt you were not acting in good faith. The easiest thing to do is ring or write to the potential new insurer and outline the facts as you have done here. They're unlikely to adjust the premiums so it's not worth chancing it.
  4. It's unfortunate to read that your business has run into problems so early after incorporation. Anyone with the bravery to set up in this economic climate deserves to be lauded for their efforts, not deceived by their business partners. Was the misappropriated money invoiced by the company? If not, how/why did the director collect it? What proof do you have? Assuming that you have already confronted the director with your evidence and they refused to pay up or resign, you'll want to follow Becky2585's advice and remove them from office and sue them in the county courts. With respect to removing the director from office, your situation will depend greatly on two things: 1) whether you have service contracts for the directors. 2) whether you changed your company's articles of association from the model articles. Service contracts will determine the terms on which the director can be removed. If they were done by a legal professional they will have a clause for gross misconduct or breach of fiduciary duty. You should be able to terminate office on this basis without much fuss. The contract will determine notice period and severance (most likely none for gross misconduct). It will be more complicated if you only have verbal agreements. Either way you'll need to speak with a solicitor as it can get complicated. Under the model articles an ordinary resolution (majority vote) by the shareholders can remove a director from office but there are specific requirements set out in the Companies Act 2006 to do so. It will need a general (shareholders') meeting and require special notice of 28 days. Again it's best to get a solicitor to help you with this, or someone with experience as company secretary. Before any legal action, I would call a board meeting and confront the director in question. Disclose the evidence against them, reaffirm your ability to terminate as shareholders and ask them to either pay up or resign (maybe selling their shares as severance). This will all be minuted as a board meeting and will hopefully make them see sense before you need to go to a lawyer.
  5. You'll find it incredibly difficult to make the claim stick for the reasons pointed out above. Try to explain how someone could have accessed the security code on your card without your consent. Given it was 2006 it may have been a chip & pin replacement. In some cases the old card's details matched the new, which is of course a huge security risk even if the old card is cut up before being thrown out. See if you can get the bank to confirm. SAR if necessary. You should also try and explain how the fraudster would have benefitted from the crime. It will be very tough given the time passed but you could try contacting Ladbrokes for details of any referral based bonuses offered during that period, or ask them to confirm if winnings in 2006 could have been credited without using the same card details. Good luck.
  6. You must declare any endorsements or driving convictions when asked. Failure to do so would invalidate your insurance and that will add more points to your licence (costing you more in the long run) and/or result in a ban. Worse still it would leave you personally liable for any damage caused in an accident and could make it difficult for anyone injured in such an accident to receive adequate compensation. By the sounds of it, you accepted a Conditional Offer of Fixed Penalty. This is the similar to pleading guilty, allowing the penalty (conviction) to be applied without the need for a court hearing.
  7. I don't think that you've done anything morally wrong but you have made a mistake (albeit an honest one). I don't see any public benefit in prosecuting you, especially if you offer to repay and reduce your claim going forward. Your legal advisor will be able to expand on this. I also feel that you've been let down by your boyfriend; nobody should be staying in your home for 150+ nights a year without making a financial contribution. Anyone in receipt of benefits should get in touch with their benefits office following a significant change to their circumstances, not just the claimants dating contractors.
  8. This is correct, but the incomplete advice from the job centre is still worth mentioning to your legal advisor, especially if you have it written down or in an email.
  9. I think you made an honest and understandable mistake. A lot of people wrongly assume 3 nights a week would not be considered living together and it'll no doubt be something that the fraud department has dealt with before. But the important thing is to stay calm, not to lose sleep over the matter and talk to a legal advisor as soon as possible.
  10. From what you've described, it's the only place he stays with any kind of permanence and as such it is highly likely to be treated as his home. You should seek legal advice before the interview. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BenefitFraud/DG_10035820 In the meantime I would concentrate on demonstrating that you had no intention to defraud the benefits system. Get copies of all his B&B bills to prove that he lives away more often than not and get copies of your bank statements to show you pay all the household bills, utilities, insurance etc.
  11. Where is he the other five days of the week? And what proof does he have he's living there? It would also be helpful if you could demonstrate why his post is delivered to your address. Did he have post delivery problems at his address or does he get regular signed-for packages that would otherwise go undelivered?
  12. The short answer is no. Pre-paid cards are not subject to the Consumer Credit Act as no credit is being offered. Some pre-paid cards do come with purchase protection but this does not necessarily afford you the same rights as the CCA. Also note that pre-paid cards are not protected by the Financial Services Compensation Scheme. So if the card issuer goes bust you could end up losing everything.
  13. The 30 day return period goes beyond your statutory rights under the Distance Selling Regulations. This means that the retailer can charge you a restocking fee, providing it was mentioned in their terms and conditions at the time of the sale. Had you notified them of your intention to return it within the 7 working days, they could have only charged the postal charges for returning the product (at cost) and again only if the terms and conditions at the time of the sale mentioned you would be responsible for the return carriage costs. When did you receive the item? And was it personalised or purchased via an auction?
  14. Was the rubble clearing and cleaning significantly overpriced? Would you have cleared and cleaned it yourself had you been advised? If the answer to both is no then the letting agent has made amends and saved you £100 in the process. Accept their apologies and tell them to make sure they don't overstep the contractual boundaries in future. I would also count yourself lucky that they didn't ask the cleaning company to issue two invoices; one for the cleaning and one for the rubble removal. That way you could have been legally obliged to pay the whole amount. Finally, I wouldn't question the honesty of the letting agent on the basis of this scenario alone. Agreements of this nature will often vary the reasonable expenses threshold depending on the rent, so it's more likely to be an honest mistake on the part of the agent (a mistake they have paid for!) rather than a deception.
  15. Thanks for the clarification. When you mentioned Nominet allowing 10 year registrations it looked like you were promoting a switch to them, which at £96 a year is not cheap! UK domains come with a 90 day grace period after a lapsed renewal, so I wouldn't commit to a long term renewal on the grounds of security alone, but it may save some cash in the long run.
  16. The domain is already registered in your name and it sounds like you have access to the registrar's control panel, so I wouldn't bother transferring to Nominet as it will just cost you more. The Nominet dispute procedure is available to all .uk domains, independent of registrar, so there's no real advantage to using Nominet direct. The only argument that the service provider will have is that you (possibly) agreed to their terms of service by using their portal or perhaps by ticking a button when logging on. It's a good idea to get your hands on this as Conniff has outlined. It's highly unlikely the terms of service will specifically mention a price to pay per month but they often contain clauses allowing the service provider to invoice in arrears for missed payments/errors. If it doesn't then I wouldn't give moving host a second thought; if it does then you'll have to write to them outlining the fact that you told them you wanted to cancel the service, that they didn't invoice for a prolonged period and they didn't warn you or suspend access etc. You had every reason to believe the service you were getting was free and you therefore have valid reason to contest the payment. One thing I would suggest is that you make sure all your property details are properly backed up in an open format, before the switch or the request for documentation is made. The service provider could suspend access at any time and having that data will save you and your web developer a considerable amount of time.
  17. Companies House holds information on the directors of the company, including their service address or home address. The information is accessible by the Companies House website and should only cost a £1. If they have a company secretary you could write to them too. If the addresses are the same or you're out of ideas, then try this trick. Put an empty CD/DVD case in a jiffy bag, enclose the letter too and send it recorded delivery. It doesn't help if the addresses are fake or if all mail is being refused but you'd be surprised how many people dodge letters but are happy to sign for parcels.
  18. It would help if you can mention what company is offering the subscription service as the terms and conditions for Software as a Service (SaaS) can be a minefield. Also, what are you looking to achieve? Avoid the debt, reclaim the website or something else?
  19. It's Orange in the wrong here as they never should have contracted with a minor. It demonstrates an inadequate credit check process that I'm confident the ombudsman would be interested in. Before anything cancel any direct debits. They can't legally mark you or your son's credit rating so you shouldn't pay anything further until you have a resolution. They won't be able to keep the phone contract in your son's name but they should be agreeable to transfer it into your name (or they will lose out in the long run). Obviously only agree to do so if they promise a replacement sim and phone free of charge. Get this promise in writing. Failing that I would demand that the contract is cancelled immediately without any penalty, as your son was ineligible to enter into contract. Write to Orange instead of phoning them (I usually email followed by registered post) and outline all the facts (including a police report for the theft). Tell them that you want the contract transferred into your name or the contract cancelled, and tell them if they do not agree to your proposed resolution that they should issue you with a letter of deadlock. If they still refuse to help, post their response here (redacted) or contact the Ombudsman.
  20. Do not reply with fake details. If you do there's a good chance you'll end up receiving more fraudulent emails. It's not worth the short-lived humour.
  21. It's a typical fraud format, with identity theft being the most likely incentive. If you have the time, post a copy of the email (including the headers with the sender's IP address) on the Anti-Fraud International website.
  22. Ask your bank for written confirmation regarding your cards and copy it to O2 and Three. Write to them and say that they are facilitating identity fraud, have failed to provide you with any assistance and that you are filing (or have filed) a police report. Personally, I wouldn't wait any longer to file a police report and would encourage you to file even if O2/Three cooperate in the end. Did you ask the store manager if they took a copy of the ID used? If they did, ask for a copy (use an SAR if necessary) as it may clearly be a fake ID or not even you in the photo. Also chase up on the contract you were promised but never received.
  23. It shouldn't be too late to report it to the police. You should also read through the information on identity theft on the Action Fraud website: their help line is a great resource also. You mentioned a cloned card. Did you report this to your bank? If so get written confirmation from them to put the payment method into doubt. If you didn't report it, why not? You must report it now. Also did you confirm if the payment utilised chip and pin? The ID requirements differ depending on whether chip and pin is used, and you may be able to prove that O2/Three failed to implement sufficient protections against ID theft. How do you think the fraudster got your provisional licence? Did you recently lose you wallet or have it stolen? If so did you inform the DVLA or file a report with the police or your insurance company? Bringing the validity of the ID into question will help.
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