Thank you tomtubby for letting us know..

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Schedule 12
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Thank you tomtubby for letting us know..

Post by Schedule 12 » 01 Nov 2013 15:21

...the stuck record has been silenced.

It explains why we have not had any troll posts, spoof posters or hoaxes on our forums - http://www.consumeractiongroup.co.uk/fo ... ost4386389 paragraph 3.
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Amy
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Re: Thank you tomtubby for letting us know..

Post by Amy » 01 Nov 2013 15:35

"...'advice' given by me" - why is her 'advice' in inverted commas? Is it not real or proper advice then?

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 01 Nov 2013 15:52

Maybe she write all these posts & threads to "get it off her chest" and calls it "advice".

I SEARCHED her posts and over HALF of them are a "dig" at me or this "forum". Nothing to do with helping a CAG member with a bailiff problem.

Its nice nice to be able to deal with GRATEFUL clients than "trolls" from the CAG forums.
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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 10 Nov 2013 10:06

http://www.consumeractiongroup.co.uk/fo ... ost4393948

I am not interested in naming any particular site or person.
That is no comfort to legal beagles when you breached the Defamation Act 2013 posting defamatory information about me and Nimbus Hosting took appropriate action and terminated their hosting contract.

Fortunately PePiPoo was not so stupid and promptly deleted your defamatory statements. Bytemark is watching.

Every day I see your obsession with me gets worse. Every day you are making numerous posts on the internet that is a cryptic dig at me.

I quote legislation in my advice, you do not. Thats why the public choose to come here.
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Re: Thank you tomtubby for letting us know..

Post by seamanarts » 15 Nov 2013 20:22

You are such a child, its like reading facebook with two silly little girls slagging of another because they are better than you. Jeez give it a rest.

Oh talking about facebook...........................;) perhaps you need to have a look in there xx

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Re: Thank you tomtubby for letting us know..

Post by seamanarts » 15 Nov 2013 20:24

I can see you have been busy in here though

Amethyst LB

Re: Thank you tomtubby for letting us know..

Post by Amethyst LB » 17 Nov 2013 10:23

''That is no comfort to legal beagles when you breached the Defamation Act 2013 posting defamatory information about me and Nimbus Hosting took appropriate action and terminated their hosting contract.''


As Admin of LB I can categorically state that this comment is entirely untrue.

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 14:40

You need to speak to your former host about that.

As a forum specialising in legal matters, you should have paid more attention to the Defamation Act 2013. They told you to remove defamatory information and you thought you were clever by hiding it in VIP. It was one of your members that brought it to my attention and I sent it to Nimbus.

They told you to remove it, not try to conceal it.
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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 19:58

*interesting

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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 20:03

Jason, Does this involve Labrat by any chance?

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 20:07

It wasn't labman, it was a statement made by Milo (tomtubby) that was a defamatory comment about me, but for future reference, this is the legislation used to turn out the lights at legal beagles. http://www.legislation.gov.uk/ukpga/201 ... /5/enacted

I'll tell you about it privately, it wouldn't be fair to discuss in public.
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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 20:12

Ok thanks mate.

I recently utilised DMCA to close a site and they just went and hosted it outwith DMCA / EU legislation. But quite easy to shut a site nowadays especially if copyright/trademark/defamatory content exists.

ChillingEffects is pretty good :)

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 20:23

What is DMCA?
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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 20:33

It's how to take a site down via their hosting company.

--> http://www.dmca.com

Although strictly US relevant, uk companies will accept a similar version called Digital Economy Act (http://en.wikipedia.org/wiki/Digital_Economy_Act_2010) however as most UK hosting firms are owned or affiliated to US firms they will comply with DMCA. It works by threatening the ISP with legal action unless they remove the offending site that their customer is publishing. :)

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 20:49

I have not seen that before. I only know the procedure to deal with offshore sites that been set up by a person in the UK (or has financial activity in the UK) but I've never needed it.

It was never my intention to take down LB, I emailed Kate Celestine with a request to delete a defamatory statement about me, but either she ignored it or she changed her email address. I contacted Nimbus who acknowledged its liabilities under section 5 of the Defamation Act and they said they will delete it, but when I found the information was still there but had been moved into a private are of the forum, I issued a second notice under section (5)(3)(c) of the Act to Nimbus and within hours the site was switched off completely.

At about the same time wonkeydonkey also posted a defamatory statement on the the CAG forums, I emailed BF which got no reply so I contacted Bytemark and the post was promptly deleted. I did not ask Bytemark or CAG to take action against tomtubby so that must be a matter unconnected but it was acknowledged her behaviour with her constant rant threads and daily cryptic digs at me was unacceptable.

She has been following me around the internet and now used the GOODF forums as her latest vehicle for her campaign against me and DWB using the NORIROA as the subject.
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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 21:04

wow!

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Re: Thank you tomtubby for letting us know..

Post by CleverClogs » 17 Nov 2013 21:06

jasonDWB wrote:It was never my intention to take down LB, I emailed Kate Celestine with a request to delete a defamatory statement about me, but either she ignored it or she changed her email address. I contacted Nimbus who acknowledged its liabilities under section 5 of the Defamation Act and they said they will delete it, but when I found the information was still there but had been moved into a private are of the forum, I issued a second notice under section (5)(3)(c) of the Act to Nimbus and within hours the site was switched off completely.
That is clever - you cited a law which is still merely prospective, as no Commencement Order has yet been made to bring it into effect.

Of course, it was not necessary to use any part of the Defamation Act 2013 as the existing case law (specifically the case(s) of Godfrey v Demon Internet) cover the matter of continued publication of a defamatory statement after a "take down notice" has been received by a site or system operator.
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Re: Thank you tomtubby for letting us know..

Post by Niddy » 17 Nov 2013 21:19

To be fair Jason did state Godfrey v Demon in his pm before you posted Cloggy mate :)

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 21:28

I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: Thank you tomtubby for letting us know..

Post by CleverClogs » 17 Nov 2013 23:00

jasonDWB wrote:See Godfrey v Demon Internet Ltd, http://www.bailii.org/ew/cases/EWHC/QB/1999/244.html
Thank you, but I hardly need to see that.

I got the story, week by week, from Lawrence himself.
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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 17 Nov 2013 23:04

Then legal beagles should have known better.
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Re: Thank you tomtubby for letting us know..

Post by CleverClogs » 17 Nov 2013 23:30

By the way, that judgement concerned only the first of the two cases Dr Laurence Godfrey brought against Demon Internet. It does not mention the second case which was concerned about the repetition of the defamatory statement by a libellous customer of Demon Internet, which was the subject of a second "take down notice" faxed by Laurence to Demon and which was met with their (then) customary refusal to act as it was "abuse on Usenet and not abuse of Usenet".

Mr Justice Morland, at a preliminary hearing, stated that their defence was "in law, hopeless"; he then gave the defendant leave to amend their pleadings and, until they changed counsel to Olswang a month or so before the court date, they were planning to claim that Laurence's postings to soc.culture.thai had - to some extent - brought the libel on himself by his having been rude or satirical about the King of Siam. (For example, Laurence had posted some of the dafter pronouncements of His Royal Bhumpiness as the words "spoken" by a remarkably sentient goldfish.)

Once Demon changed counsel, though, they soon decided to settle and negotiated a settlement of both cases about a week before the final hearing.

The damages were indeed low. If I recall correctly, the agreed damages in the first case were in the order of only a few pounds, though the agreed damages in the second case were £5000. The defendant also agreed to pay the claimant's "taxed" (assessed) costs of c. £500,000. Their own costs exceeded a million!
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Re: Thank you tomtubby for letting us know..

Post by seamanarts » 18 Nov 2013 09:07

Whoa! Jason!!! Its ok for you to go off on a tangent about TT, but when someone says anything about you, you spit your dummy out and cry about it.

Have you been on facebook lately by the way ;)

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Re: Thank you tomtubby for letting us know..

Post by Niddy » 18 Nov 2013 19:54

Are you for real? Got too much time? Wow 27 posts of utter tripe!!

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Re: Thank you tomtubby for letting us know..

Post by seamanarts » 19 Nov 2013 01:39

Most of the posts in this forum is utter tripe . Havnt you got anyone to take a pop at over at your own site.
You and Jason would make a lovely couple. Could call you little and large or better still larual and hardy. I could always call you the chuckle brother as you both make me laugh, But the sizes wouldnt match. ;)

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 19 Nov 2013 08:21

You can't spell Laurel & Hardy right.

Throwing insults at other members is not something we do here.
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Re: Thank you tomtubby for letting us know..

Post by soupdragon » 19 Nov 2013 11:36

Most of the posts in this forum is utter tripe

If there is something on the forum that is not correct then point it out and please say why its not correct?

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Re: Thank you tomtubby for letting us know..

Post by Schedule 12 » 19 Nov 2013 15:48

CleverClogs wrote: That is clever - you cited a law which is still merely prospective, as no Commencement Order has yet been made to bring it into effect.
Cloggy, this is just for information only (or rather education), the 2013 Defamation Act does not need a commencement order because it received Royal Assent on 25 April 2013. Source: http://www.legislation.gov.uk/ukpga/201 ... on/enacted

And the Parliament.gov.uk website says: " If there is no Commencement Order, the Act will come into force from midnight at the start of the day of the Royal Assent"

Source: http://www.parliament.uk/site-informati ... ent-order/
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