1. www.prospectus.co.uk - currently being sued for slander
2. www.progressive.co.uk - owe me money client paid agency didn't
3. www.interpro.com.au - owe me money client paid agency didn't

<tronic5572 (AT) yahoo (DOT) co.uk> wrote


Dan

As I did last time, I've tried to avoid getting involved. Similarly, like
last time, I find I can't.

Hopefully, you remember that back in 2003 you posted here because you were
having problems getting money you believed Progressive owed you. [1]

I posted very specific instructions on how to bring the matter to a
conclusion, either because you'd been paid, or because you'd exhausted the
legal avenues available.

That message is archived in google here:
http://groups.google.com/group/comp....5090a6ca0fcb1b

During the course of that exchange, you said, [3],

<quote>
somebody took the cheque off me as a favour
i hope they get it cleared
problem is over as far as i'm concerned - i was only here really for a
few universe questions. erm. things were pretty bad for a week
there
i'm quite impressed that you made all this out for me
i'm sure it'll be of use to plenty of people
</quote>

From that, I assumed you'd got the money from Progressive. Your more recent
posts here now seem to indicate that this isn't the case? Did you get the
money or didn't you?

If you didn't, you need to be aware of the six year rule in the UK, which
states you can't enforce a debt which is more than six years old.

So, if it is more than six years since Progressive allegedly incurred the
debt then your options are greatly restricted. However, if it is less than
six years since Progressive allegedly incurred the debt, then please use the
advice in my original post to bring that matter to a conclusion. (As I've
said above, "conclusion" doesn't mean you'll get your money. It might mean
you haven't got your money, but you've no more legal remedies available to
get your money. To all intents and purposes, the matter will, at that
stage, be "closed", whether that is what you want or not!).

Hopefully, that's a solution to number 2 above.

Number 3 is more problematic. You can't use moneyclaim on-line to pursue
debts against defendants not in England or Wales. If it is worth it to you,
(a simple cost / benefit analysis exercise), I suggest you set out on a
single side of A4 paper the facts concerning your alleged claim against
Interpro. No embellishment, no emotion, no rhetoric. Just the facts.
Something like:

Between <date1> and <date2> I attended <site> and carried out an assignment
as <job title>. This included, but was not limited to, <brief overview of
duties>. Prior to undertaking the assignment, it had been agreed I would be
remunerated at the rate of <whatever> providing the following conditions
were met <relevant section of Interpro's Ts&Cs. and / or whatever was agreed
verbally>.

On <date3>, having successfully completed the assignment, I <submitted my
timesheet / sent an invoice / did whatever> as per the agreement.

However, the debt remains unpaid.

Attach copies of any supplementary documentation you have (copy of the
timesheet / invoice, copy of the Ts&Cs, copy of any subsequence
communication wherein you have tried to enforce the alleged debt plus copies
of any responses received).

Then 'phone a few solicitors from your local Yellow Pages and ask how much
an initial interview will cost to assess the viability of going forward.
Many will do this free of charge or at a greatly reduced rate (less than
£100). If you have difficulty finding such a solicitor, post a message here
indicating that and details of whereabouts in the UK you are and I'll see if
I can find any suitable ones for you.

When meeting with the solicitor, take all the paperwork prepared above along
with you. Bear in mind that you're paying by the clock so having prepared
all this in advance will save you money as you can simply hand it to the
solicitor and let him read it. If he needs further information, he'll ask
for it, but you'll have hopefully included everything, so that shouldn't be
necessary. In any event, at the end of the meeting, pay the solicitor and
take his advice, regardless of whether you agree with it or not!

If he advises to proceed, ask how much it is likely to cost (best, most
likely and worse case scenarios) and the likely prospect of success (best,
most likely and worse case scenario). Ask that these details be confirmed
when he sends his "client care" letter prior to proceding to act in the
matter. (He might suggest he sends a letter stating the facts and your
intent to pursue the alleged debt, if the full and certain knowledge that if
Interpro don't pay having received the letter, there's little you can do to
pursue it. (See comment above on cost / benefit analysis.)

OK, so that's number 2 and number 3 resolved as far as is practicable at
present.

All that remains in number 1, and I hope that from the messages you've read
from me so far at least two things are apparent:

(1) I have a good understanding of the legal system here in the UK.
(2) I am trying to help you.

With that in mind, please read the following very carefully.

If you have not already started defamation procedings against Prospectus,
please do not do so.

If you have already done so, then, please go to the relevant County Court,
[4], speak to one of the clerks and explain that you wish to discontinue the
action [5]. They will get you the relevant forms and will assist you in
completing them. (They can't provide legal advice, but they can tell you
how the system works.)

Why do I say this? Simple, you have what would often legally be referred to
as, "no reasonable prospect of success".

That isn't to say that Elkie didn't say what you allege she said. That
isn't to say that her alleged comments haven't hurt you. It simply means
you won't win anything even if you are able to prove such in court.

I don't want to get involved in the multitude of reasons as to why this is
so, although if you feel that is necessary, again, please post a message
here and I'll provide further information.

Please, just take it from somebody who knows and understands the UK legal
system, that you won't win so please expunge any thoughts you entertain
concerning defamation actions against Elkie and/or Prospectus

As stated several times herein, if you require further information or have
any questions concerning anything I've posted here, please ask.

I hope you can take this advice in the spirit it is intended and that it is
of some assistance to you.

With Kindest Regards

Mike Wooding

[1] In my original message, [2], I said, 'Please do not take offense at the
term "allege". Libel laws cover Usenet too and I don't really have the time,
inclination, energy or desire to defend a libel action from Progressive's
legal team.' The same still applies, so please don't be offended when my
sentences include phrases like, "you believed", "you stated", "you alleged".
It is in no way intended as a slight at you. Rather, it is a protection for
me. Hope that's OK?

[2] Message-ID: bharie$u7e$1 (AT) news6 (DOT) svr.pol.co.uk

[3] Message-ID: e279b74b.0308150302.5da825c1 (AT) po...OT) google.com

[4] The one used to issue procedings. It is best to go around 9am. Clerks
a plenty are there, but the court isn't in full swing yet, so they'll be
plenty of clerks available and willing to help.

[5] You'll need your case number and proof of ID so take along any paperwork
already submitted and a copy of your passport or other suitable ID.

Dan

As I did last time, I've tried to avoid getting involved. Similarly,
like
last time, I find I can't.

Hopefully, you remember that back in 2003 you posted here because you
were
having problems getting money you believed Progressive owed you. [1]

I posted very specific instructions on how to bring the matter to a
conclusion, either because you'd been paid, or because you'd exhausted
the
legal avenues available.

That message is archived in google here:
http://groups.google.com/group/comp....se_frm/thread/...


During the course of that exchange, you said, [3],

<quote>
somebody took the cheque off me as a favour
i hope they get it cleared
problem is over as far as i'm concerned - i was only here really for a
few universe questions. erm. things were pretty bad for a week
there
i'm quite impressed that you made all this out for me
i'm sure it'll be of use to plenty of people
</quote>

posts here now seem to indicate that this isn't the case? Did you get
the
money or didn't you?

No.

If you didn't, you need to be aware of the six year rule in the UK,
which
states you can't enforce a debt which is more than six years old.

So, if it is more than six years since Progressive allegedly incurred
the
debt then your options are greatly restricted. However, if it is less
than
six years since Progressive allegedly incurred the debt, then please
use the
advice in my original post to bring that matter to a conclusion. (As
I've
said above, "conclusion" doesn't mean you'll get your money. It might
mean
you haven't got your money, but you've no more legal remedies available
to
get your money. To all intents and purposes, the matter will, at that
stage, be "closed", whether that is what you want or not!).

Hopefully, that's a solution to number 2 above.

Number 3 is more problematic. You can't use moneyclaim on-line to
pursue
debts against defendants not in England or Wales. If it is worth it to
you,
(a simple cost / benefit analysis exercise), I suggest you set out on a

single side of A4 paper the facts concerning your alleged claim against

Interpro. No embellishment, no emotion, no rhetoric. Just the facts.
Something like:

Between <date1> and <date2> I attended <site> and carried out an
assignment
as <job title>. This included, but was not limited to, <brief overview
of
duties>. Prior to undertaking the assignment, it had been agreed I
would be
remunerated at the rate of <whatever> providing the following
conditions
were met <relevant section of Interpro's Ts&Cs. and / or whatever was
agreed
verbally>.

On <date3>, having successfully completed the assignment, I <submitted
my
timesheet / sent an invoice / did whatever> as per the agreement.

Well both interpro and progressive owe me the money I could get it from
either but I don't want to get into a legal battle. I'd rather just
snipe at them online it makes me feel better.
The cheque from progressive went to the government because I couldn't
get a company bank account at the time. It would be unlikely that the
government will be able to cash it as it's payable to my company. I
owe it in tax I just sent it as a gesture. No I never saw the money.

Attach copies of any supplementary documentation you have (copy of the
timesheet / invoice, copy of the Ts&Cs, copy of any subsequence
communication wherein you have tried to enforce the alleged debt plus
copies
of any responses received).

Then 'phone a few solicitors from your local Yellow Pages and ask how
much
an initial interview will cost to assess the viability of going
forward.
Many will do this free of charge or at a greatly reduced rate (less
than
£100). If you have difficulty finding such a solicitor, post a
message here
indicating that and details of whereabouts in the UK you are and I'll
see if
I can find any suitable ones for you.

prepared
all this in advance will save you money as you can simply hand it to
the
solicitor and let him read it. If he needs further information, he'll
ask
for it, but you'll have hopefully included everything, so that
shouldn't be
necessary. In any event, at the end of the meeting, pay the solicitor
and
take his advice, regardless of whether you agree with it or not!

To be quite honest I'd rather not do all that I just prefer to snipe
online. These people prefer to remain invisible.

If he advises to proceed, ask how much it is likely to cost (best, most

likely and worse case scenarios) and the likely prospect of success
(best,
most likely and worse case scenario). Ask that these details be
confirmed
when he sends his "client care" letter prior to proceding to act in the

matter. (He might suggest he sends a letter stating the facts and your

intent to pursue the alleged debt, if the full and certain knowledge
that if
Interpro don't pay having received the letter, there's little you can
do to
pursue it. (See comment above on cost / benefit analysis.)


OK, so that's number 2 and number 3 resolved as far as is practicable
at
present.


All that remains in number 1, and I hope that from the messages you've
read
from me so far at least two things are apparent:


(1) I have a good understanding of the legal system here in the UK.
(2) I am trying to help you.


With that in mind, please read the following very carefully.


If you have not already started defamation procedings against
Prospectus,
please do not do so.

Why not? They slandered me directly and caused me material damage.
The comments made by that person were uncalled for she has no idea who
I am or what my capabilities are.

If you have already done so, then, please go to the relevant County
Court,
[4], speak to one of the clerks and explain that you wish to
discontinue the
action [5]. They will get you the relevant forms and will assist you
in
completing them. (They can't provide legal advice, but they can tell
you
how the system works.)

Why?

Why do I say this? Simple, you have what would often legally be
referred to
as, "no reasonable prospect of success".

That isn't to say that Elkie didn't say what you allege she said. That

isn't to say that her alleged comments haven't hurt you. It simply
means
you won't win anything even if you are able to prove such in court.

I don't want to get involved in the multitude of reasons as to why this
is
so, although if you feel that is necessary, again, please post a
message
here and I'll provide further information.

Please, just take it from somebody who knows and understands the UK
legal
system, that you won't win so please expunge any thoughts you entertain

concerning defamation actions against Elkie and/or Prospectus

As stated several times herein, if you require further information or
have
any questions concerning anything I've posted here, please ask.

I hope you can take this advice in the spirit it is intended and that
it is
of some assistance to you.

With Kindest Regards

Mike Wooding

[1] In my original message, [2], I said, 'Please do not take offense
at the
term "allege". Libel laws cover Usenet too and I don't really have the
time,
inclination, energy or desire to defend a libel action from
Progressive's
legal team.' The same still applies, so please don't be offended when
my
sentences include phrases like, "you believed", "you stated", "you
alleged".
It is in no way intended as a slight at you. Rather, it is a
protection for
me. Hope that's OK?

[2] Message-ID: bharie$u7... (AT) news6 (DOT) svr.pol.co.uk

[3] Message-ID: e279b74b.0308150302.5da82... (AT) posting (DOT) google.com

[4] The one used to issue procedings. It is best to go around 9am.
Clerks
a plenty are there, but the court isn't in full swing yet, so they'll
be
plenty of clerks available and willing to help.

[5] You'll need your case number and proof of ID so take along any
paperwork
already submitted and a copy of your passport or other suitable ID.

I was asking them to pay me direct to get me out of a hole they
wouldn't do it I thought they owed it to me because 2 weeks before the
end of my contract the Visual Basic programmers abandoned a project and
asked me to complete it even when they knew I was leaving. They
couldn't do it in a year and I completed it in 2 weeks (I had to
really) they panicked they were losing money because they needed a
different pricing structure installing. I completed it by the skin of
my teeth in 1.5 weeks then they had me interviewing my successor. I
was offered renewal I chose to leave to study. 3 days after leaving I
was in hospital on a drip with stomach problems caused by stress my
stomach problem will never go away now that was my leaving present from
the industry.

AND I DIDN'T EVEN GET PAID

You ask me why I am so angry. Yes I am angry. Extremely. That post
from prospectus was placed while I was still there. They have no idea:

"Do you think he has time to do any work ? I feel sorry for the
employer who is currently paying him for "working !"

It wasn't 'completion' of the project I wrote the project. I hadn't
even seen the project before they turned it over to me they had no
chance of doing it in VB. Such a poor language for database
development.

so it goes

I spent a lot of time advising the VB team there and getting them out
of holes they had no real concept of database development. VB is not a
database language.

I gave them 6 months notice btw. I didn't just leave.