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View Full Version : FSL - the plot thickens...



Lexxuk
04-03-05, 20:31
So today is a day just like any other, the weather cant seem to make up its mind what it wants to do, so lets loose a little rain now and then. Today is also the 4th of March 2005, the day I ask a Judge to issue a Judgement against FSL about the CPU. The trip into Penzance is uneventful, roadworks here and there, the Exotic plant place still open, more roadworks in Penzance and some Kernow festival with kids dancing in the street.

Into the County Court I go, deliver my issue and ask the lady "they replied yet?" she checks her computer, and tells me "nope!" I ask "whats next babe?" she says "Judge makes his order, you'll get a letter next week" so I leave, my obligation fulfilled, my court order posted, FSL have lost the case without a shot being fired.

Or so you would think. Not so, this evening a guy phoned on behalf of FSL, claiming to be a solicitor. He was arrogant, abusive, rude, the sort of guy you want to feed to a Grim Reaper, then camp the only GR he has. First he talks to my mother, I'm busy playing computer games, he threatens her with court action, legal costs etc.. telling her she should drop the case! He'd phoned to ask if I were a minor apparently, of course, minor's issue court orders every single day in the UK (thanks J for that one hehehe).

So he talks to me, eventually, says he's a solicitor acting on behalf of FSL, that there is no case, thats its spurious and stuff like that, I try to point out to him repletedly that its too late, the orders been issued, there is nothing he can do, he interupts me constantly with "are you a solicitor?" and "your not a solicitor" naturally I reply "says who?" but ya, the sort of guy you want to feed to Hanibal Lecter. Of course I'm having fun, so I ask him "so, whats your name, I want to write this down" he doesnt give it to me, and hangs up.

So now its later, I've been told to inform the courts of the threatening/harrasing phone call, it all goes on record. Next up I'm considering phoning FSL and asking for the name of their solicitor, there are rules and regulations they must follow, set down by the law society, I'm thinking I'm well within my rights to complain. Not withstanding the Data Protection Act might have been broken here too (personal details from me sent to the guy, there is no legal representation here remember, I've won the case).

So poll time!!

Hell-demon
04-03-05, 20:39
Grim Reaper!

jernau
04-03-05, 20:43
Did you try 1471?

Lexxuk
04-03-05, 20:45
Did you try 1471?

Straight away, wanted to call the chap back and say "look here, give me your number!" naturally they 141'd it. Anyhow I sent an email to the "Director" of FSL..


Dear Mr Kashmiri,



I received a telephone call this evening, at approximately 4:30pm from a person pertaining to be your solicitor in relation to Claim Number #######, which is being dealt with by Penzance County Court, the request for Judgement being issued today, meaning the Judge will order in my favour sometime next week. However, when I asked for your solicitor’s name, he refused to give it to me. Your solicitor was rude, deceitful, threatening and harassing, towards both myself and my mother, this is not acceptable behaviour and as such I will be filing a report with the Court on Monday stating that I have received this telephone call, I will also be making a complaint with the Law Society of England and Wales, Solicitors have very strict rules which they must follow or face disciplinary action, sometimes even legal action. As your solicitor refused to leave his name, could you please issue me with the name of your solicitor, the one I spoke to on the phone, so I can a) inform the Court on Monday of his name, and b) bring forward a complaint of malpractice against him with the Law Society.



Naturally I assume that the person who telephoned was a solicitor acting on behalf of your company as legal representation, the person I spoke to knew details of my purchase which are protected under the Data Protection Act 1998. Failure to respond with the name and address of the solicitors involved will leave me no alternative but to file a complaint with the Data Protection Registrar, as I would assume you have given personally identifiable information, as defined under the Data Protection Act, an offence which carries a very stiff fine indeed.

:lol: :lol:

Dribble Joy
04-03-05, 20:47
Send him burning bags of poo.

jernau
04-03-05, 21:07
Very nice but "pertaining" doesn't mean "claiming" ;).


You're just enjoying this now aren't you :D.

Dribble Joy
04-03-05, 21:13
You could allways get the press involved....

ekeekekekeke...

Lexxuk
04-03-05, 21:21
Very nice but "pertaining" doesn't mean "claiming" ;).


You're just enjoying this now aren't you :D.

The guy didnt in so many words say he was their solicitor, just a solicitor acting on behalf of them, so naturally had to add in the fact my information is protected by the DPA, so hell yeah I'm enjoying this :D I'd love to see them try to sue for costs though, if they did that it would probably be the credit card company they go up against cause it was the CC used to pay :lol: :lol:

/edit @ Mr Kot - I think scaring them with the DPA is enough, its a £5,000 fine+ for giving information out under the data protection act, I'll give them till, hmm, either tomorrow afternoon, or Monday afternoon to reply, depending on when they are open, then I'll file a complaint with the DPA. All this cause they charge £200 more for an AMD64 than overclockers do :lol: :lol:

Mr Kot
04-03-05, 21:30
Ask yourself this:

How often does a defendant's solicitor phone the plaintiff asking for the case to be dropped?

Solicitors do their dirty work in writing on headed notepaper. Even offers to settle out of court.

My instinct is that this guy wasn't a solicitor at all, just some bigwig at FSL trying to scare you.

If i had a phone call like that, i'd say, "I refuse to comment over the phone to a total stranger. Please put your question or request in writing." Then hang up.

LOST
04-03-05, 22:39
the story reads well lexxy :D
when its all over im sure the full epic battle will be documented.

hehe: post their details...dare ya....

Edit: i know its not a story, but read it back...

jernau
05-03-05, 00:25
Ask yourself this:

How often does a defendant's solicitor phone the plaintiff asking for the case to be dropped?

Solicitors do their dirty work in writing on headed notepaper. Even offers to settle out of court.

My instinct is that this guy wasn't a solicitor at all, just some bigwig at FSL trying to scare you.

If i had a phone call like that, i'd say, "I refuse to comment over the phone to a total stranger. Please put your question or request in writing." Then hang up.
My thought precisely.

Solicitors do EVERYTHING in writing - that way they can attach a copy to the invoice.

Lexxuk
05-03-05, 00:50
I read the DPA rules, its against the DPA principles to divulge stored information, if I can prove damages I can sue them, again, they could also face a fine of £5k, the poor people, I think everyone who bought the chips should sue, it seems to really piss them off :D

Cerbious
05-03-05, 01:13
go lexxuk really give it to em and dont take n e crap.. get them in so much shit for messing u about.

me thinks this a worthy cause :D


also have u ever considered urself a Victor Meldrew.. give it a few years :)

Lexxuk
05-03-05, 01:23
also have u ever considered urself a Victor Meldrew.. give it a few years :)

omg no, I'm a champion for peoples (well, ok, my own) rights!! And I've checked and double checked, because I stuck in my request for judgement today, I have won the case, no ifs or buts, they can probably lie and say they didnt recieve the documents, but on Monday the courts will have a statement from me about the threatening phone call (proof they knew about the case), they have dug themselves into a massive hole.

To top it all off, they are currently under investigation by the Trading Standards for unfair contract laws, so will probably get a huge fine from them, I'm really loving this now :D

Lexxuk
10-03-05, 13:33
Ok, so I recieved my judgement today. Apparently FSL had told the judge I had got the name wrong, that Five Star Electronics doesnt exist even though I have an email from them with the words in the email :rolleyes:

Judge says I can accept I am wrong and request to amend the name, so I look at the T&S I have printed out, the name is FSE,the new ones are FS Electronics LTD, or as company house puts it, FS Electronics Limited. Now its back to square one I think, but this time I'm going to charge them 8% interest >.<

Jesterthegreat
10-03-05, 14:29
ahaha...

how i wish i got around to ordering the cpu from them before they noticed your price :p