Blog Brain-storming – Small Claims Court

by Rupert Insider

images-1.jpgBlog participants are working on a number of remedies to Oldham’s frauds – some of which we cannot publicly discuss at the moment.

We can discuss our step-by-step guide on how to use the UK small claims court to recover money Oldham-Koptalk took through (1) double dipping (2) the sale of fake memorablia (3) or other false claims and misrepresentations.

Hopefully, that guide will be posted as an article within the week and made into a stickie and then become the focal point of a campaign which will be promoted on other sites – a campaign to make Oldham pay it all back.

To make it simple, I think it would be best if we concentrated at first on his double-dipping in PayPal accounts and overcharging going back 5 or 6 years. Everyone involved should have documentary evidence of that in the form of their PayPal or other account. But the sale of fake memorabilia would be a close second if a claimant has evidence.

We realise that there are grounds to sue Oldham for other matters, but we rather think those grounds will be very much stronger after the blog has completed some other projects on which we are working.

We are making good progress but need your help on one important aspect, namely, the procedure for non-residents of the UK.

As you know, many, if not most of Oldham’s recent victims are from overseas. There is a procedure they can use – through Trading Standards – to persuade Oldham to pay and we will be dealing with that. But it would be better if they could access the UK small claims court.

“Non-residents” would include UK citizens currently non-resident. It would include the Irish – who do have their own small claims procedure, citizens of the Commonwealth, Europe and everyone else including Asia, Africa, South America and North America.

At the moment we are working on the assumption that Duncan Oldham carrying on business as “Koptalk.com” and various other aliases, is subject to UK law for all his transactions to date. He may also be subject to the law of other countries. If he has done or will do a bunk to a foreign jurisdiction we will deal with that when we have confirmation.

I’d be grateful if anyone can give us authoritative information – with links. If you don’t have such information but are willing to help us – perhaps you could call someone who knows, or even pop into your local small claims court and ask, or visit your university or municipal library research department and ask for help. If you are a lawyer, even better.

To some extent petty fraud and malpractice on the net is new territory for the UK Small Claims Court- hence the need to do some research.

At this stage my own working assumption, subject to correction, is that all can use the UK Small Claims court wherever they are resident, but they will have to satisfy the court that they have an address in England and Wales to which court papers can be served (the procedure for Scotland is different). Claimants would also be responsible for having their case adequately represented at any hearing in court.

If Oldham runs true to form he will settle before it goes to trial.

But the risk for a claimant is that if they are not represented in court and Oldham is, the claimant would be responsible for Oldham’s costs.

But there is a provision in the rules that would allow a claimant to be represented by a lawyer or even a friend.

If that could be used, without the claimant being present, the blog could then see about organising a lawyer or a friend for overseas claimants.

Perhaps the blog could also help arrange an address in England – such as that of a solicitor – where papers can be served.

Please send in your findings as soon as possible either to my email or in the Comments section.   My email is:  rupert.insider  At gmail.com (Don’t send in links to general guides or articles or ideas – we have those already. We are asking people to share the burden of reading such things and coming up with the answers).

If you are of the opinion that the UK Small Claims Court cannot be used by non-residents perhaps you could suggest how they can use their own courts to collect from Oldham-Koptalk. Let’s be thorough.

We want to concentrate on getting authoritative answers to the question about non-resident claimants. And thanks, in advance.

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24 Responses to “Blog Brain-storming – Small Claims Court”

  1. Skamp Says:

    Here’s a good site that answers many questions but sadly there’s no link about non-resident claims,that said they do seem to have the bull by the horns and allthough they say they cannot repesent every case i’m guessing they would be willing to step up to the plate if we could organise a Class action suit as it would be great publicity for them.

    http://www.small-claims.co.uk/

  2. Skamp Says:

    OK so this will be the reason the fat cunt is franticaly trying to do a bunk.
    http://www.small-claims.co.uk/small_claims_court.htm

  3. Another Fatty Says:

    Dunk says he pays £600 for his hosting, and that’s less than what he said last year.

    SIX HUNDRED QUID!

    And he posts this…
    —————-
    #144562 – Yesterday at 03:09 PM SITE NEWS: Server Speed
    Dunk Dunk Administrator
    KopTalk.com

    Registered: 20/08/04
    Posts: 17930 I’m aware that the server has been running a little slow of late. We are looking into this. First of all I want to upgrade the forums to the latest version, then we’ll see if that improves things. I have informed the hosts and will keep you updated.

    The Firefox browser runs much, much faster on here than Internet Explorer in my opinion.

    http://www.getfirefox.com
    ——————-
    A forum that gets a tiny amount of posts is causing a server with nothing else on it to run slow! And that server costs SIX HUNDRED QUID A MONTH!

    What a dick. He loves tripping himself up. For £600 a month his hosts should be upgrading the software for him, and should be monitoring response times for that.

    I suggest everyone contacts UK Fast and asks them if that’s how crap their service is. £600 for a slow website with hardly any activity on it. http://www.ukfast.com

  4. Another Fatty Says:

    Oh and I do use Firefox. But KT is slow whatever you use.

  5. Skamp Says:

    As far as i can see Non-residents are screwed with regards to the small claims court,but if you were willing to collect all the claims and get them verified you could then pass them all onto a debt collecting agency,.If this is the only route non residents could take then obviously most if not all the money would then go to the agency but they/we could all be smug in the knowledge that the fat cunt would end up living in a box.

  6. Skamp Says:

    He’s obviously on an earner with links to firefox then.

  7. Skamp Says:

    This link seems to have alot of imformation.

    http://www.oecd.org/dataoecd/26/61/36456184.pdf

  8. Another Fatty Says:

    And some more copyright violations from the fat one:

    http://www.hipcast.com/playweb?audioid=P4b56728939c8970f4322a240ae074d16YllxRlREY2Bx&buffer=5&fc=FFFFFF&pc=CCFF33&kc=FFCC33&bc=FFFFFF&player=ap21

    This is plugged from his front page as a means of getting you to pay up. Once you’ve joined you get the link.

    But you don’t have to pay to listen once you know the link.

    And now fatty’s made up another name for storing his stolen vids on the web. You pay moneny to get a you tube video of the goals – http://www.youtube.com/watch?v=-L0fGS-GTkk

    Under a user name of monty447. I wonder what 447 stands for! His weight in KG?

  9. rupertinsider Says:

    Anyone who read the post before this comment should read it again. I made some amendments but then my internet access konked out for a time and I could not notify you.

    As I said please send specific answers with links to the proof rather than links to general guides or discussions. We have most of the latter. We are asking others to share the burden of reading them, doing the research and coming up with the answers.

    Thanks for the replies so far.

  10. dataimaginary Says:

    Definately the way to go rupe. Focus on one issue at a time.

  11. rupertinsider Says:

    Another Fatty or anyone

    Can anyone figure out a way of using You Tube to alert people. What I have in mind is when Oldham uses U Tube (or any of Oldham’s aliases or friends use it) to publicise his site, is there a way we can place a correction or alert on U Tube at the point of sale to alert people, or direct them to the blog?

    Any volunteers to do this?

    I would guess he will compound all these links to U Tube – and many of the hits he is getting from blog readers- to help boost his Alexa ratings and therefore his advertising revenue.

  12. btb Says:

    Sorry for topic change but was taing a look at his site today, one of the mosts posted threads as the mo is about what Chris Bascombe has posted in the echo at the weekend. The topic had 39 posts, originally posted yest at 12 noon. This has 1141 views. Simply put the people that have posted will have viewed on several occasions and then several lurkers that will have viewed several times means that potentially his site has membership on the hundreds, the low hundreds. The site is going and I would imagine it will be gone b the end of the week.

  13. btb Says:

    Soory meant end of summer but someone was talking to me while I was typing.

  14. rupertinsider Says:

    I’m informed by our expert that the most important ALEXA statistic is the views per page. On KT it varies between a low of 6 and a high of 10. It has dropped over 50% in the last three months when all other LFC related sites have seen a large rise in the same period.

    That is average. However his active posters and lurkers will view a thread many times more than that – swelling the views. They include himself, Katie, RichtT and all the usual suspects and his six computers constantly refreshing pages.

    His members are in the low hundreds.

  15. Redneck Says:

    Good god, I could host his entire domain for less than a fiver a month and that’s being generous!! What a complete tit!

    Great work Rupert, you should make a global “button” that LFC sites can all add to their front pages informing of Oldham and his wanktics.

  16. Honorary Insider Says:

    You can file a claim in the small claims court entirely by internet these days……….. I think the defendant can respond in the same manner and presumably it can also be decided on the internet, I see no reason why overseas claimants could not use this service…………………..off to do some research

  17. Honorary Insider Says:

    OK after an hour of wading through government websites (oh the joy……… lol )

    Anyone can make an online claim using the small claims service, the 2 important criteria being:
    The claimant must have an address in England, where documentation can be delivered.

    The Defendant must live, and have an address in England where documentation can be delivered.

    so it looks like, ideally, we need a friendly solicitor (solicitors can also use the online service), to act as the English address for all the overseas claimants

  18. SteveO Says:

    Hi,

    While this will not result in legal action you can report him using

  19. SteveO Says:

    Ah, one handed keyboard.

    Report him using

    http://www.econsumer.gov/

    This will add his name to the database and enough complaints will encourage the authorities.

    This provides some useful info

    http://www.euroconsumer.org.uk/index/your_rights/scams_home/internet_fraud.htm

    Overseas victims should use this too

    http://www.icpen.org/participants.htm

    So Irish victims will be directed to

    http://www.odca.ie/cfmdocs/c_query/online_shopping.cfm

    And specifically

    “If the webtrader is located in the EU contact :
    European Consumer Centre,
    13a Upper O’Connell St,
    Dublin 1
    Tel: 01-8090600, Email: info@eccdublin.ie

    Remember, EU E-commerce regulations require the vendor provides amongst of info:

    Full details of the service provider including their geographical address and their electronic mail address.

    (Not a PO box)

    The VAT Registration number where the service provider undertakes an activity that is subject to value-added tax.

    All victims should inform paypal of this clear breach and demand his account suspended until this breach is investigated and remedied.

    Victims of his counterfeit goods should certainly report him to paypal, it is a clear breach of their terms as well as the law.

  20. Andy Says:

    The http://www.moneyclaim.gov.uk site pointed out by Koptalksucks.com above can definitely be used by claimants who do not reside in the UK, but they do need an address in the UK to which correspondence can be sent.

    The drawback is that you have to pay UKP30 up front to bring a claim against Oldham, although this is paid back to you (by him) when you win the case.

  21. rupertinsider Says:

    Thanks for all posts and emails so far – we’re making progress. Keep them coming!

    As far as I can see there is no requirement that the address in the UK be a solicitor’s address – right or wrong?

    I am not based in the UK at the moment. I suspect that Insider is not in a position to offer his address and in any case I would advise against it as it would breach his security.

    So to help the overseas people who have been ripped off by KT we need a UK address – a solicitor, a business or an individual.

    There may be a solicitor who would volunteer. If not perhaps one who would act as a mail box for a nominal sum in each case to be paid by credit card in view of the expected volume.

    Any offers?

    Otherwise, would any company or individual offer?

    As I understand it the function of the UK adressee would be restricted to being a post box, and to inform claimants if and when court documents were delivered – or to open them, read them and forward the content by email to the claimants.
    ____________________________________

    The question of Irish residents is interesting. My guess is that they would be better off using the UK system because if they use their own, Oldham will not respond on the grounds that he is non-resident there.

    Comments?
    _____________________________________

    The Euroepean directives insist that web sites involved in e-commerce display the geographical address and internet address. It also requires a VAT number.

    Oldham fails on 1 and 3. In addition he breaches the spirit of the law by cosntantly raising doubts about his true location – probably in an attempt to dodge the law.

    We know that he does not charge VAT. He will probably argue that he is under the minimum limit of 61,000 quid in annual sales. But this is not consistent with his claims to thousands of members renewing every year.

    Perhaps it is time for another report to Customs and Excise about his failure to charge VAT or display his number and perhaps this should be reported to other authorities not only in this last year when he has lost many members but for all his previous years when he boasted of 6,000 members and alrge sales of memorabilia and other products and services.
    _________________________________

    Could people indicate if they used Clickbank to obtain and pay for KT memberships? I’ve no idea how significant it has been and still is.

  22. Honorary Insider Says:

    Rupert

    There is no requirement that the UK address be that of a solicitor…………. it can be any address………… its just that a solicitors address would serve our purposes better……… a solicitor could collate the information better and would know exactly how to file the claims, as the net closes it has to be right……… we do not want “Mr Teflon” to slip his way out of this one

  23. Chunka Says:

    Am I naive in sugesting we attempt to generate a fund to take him down?

    I would throw a tenner into the paypal account to get the ball rolling.

    “Where theres blame, theres a claim”


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