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Companies threatening to sue us - Heathmill

Date: Wed, 02/15/2006 - 01:55
Submitted by Vikas on Wed, 02/15/2006 - 01:55
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Posted on Sat Jan 21, 2006 1:29 am

Our customer care department received this email on January 10, 2006. Someone from Heathmill wrote to us and requested to remove some forum posts that involve their name with Cash Today or Cah2day4u. Here is the email that we received.

Re: www.debtconsolidationcare.com

I represent a company called Heathmill. The aforementioned company has been written about on your forum in conjunction with Cash Today/ cash2day4u.

The statements and all references to Heathmill are incorrect, we therefore require them to be removed before legal action is taken.

Please contact me within 3 business days to confirm receipt and removal.[/quote]

Here are the forum posts they are pointing perhaps:

http://www.debtconsolidationcare.com/forums/ctl-info.html

http://www.debtconsolidationcare.com/forums/cashtoday-collections.html

Now, as all of us know, debt consolidation Care is an open forum. It is the place for all to share their views and thoughts. The posts in the forums solely reflect members' beliefs and we cannot dictate you on what you should think. Hence we replied them:

[quote]Debt consolidation forum is an open forum. This is a lounge for all where they can discuss and debate on whatever issues they like. The comments posted in the forums are public opinion. You are also welcome to post your comments and share your views here. If you want to contradict with any of the opinions you can definitely do it and the whole community will witness it.[/quote]

Then they sent another mail on January 17, 2006.

[quote=Heathmill]Unfortunately, this was not the response we were hoping for. We did try to add responses in our defence, but your mediators removed all traces of them. How can that be an open forum?

Having taken legal advice, we have taken the option to pursue.[/quote]

But how could it be possible? The clarification statement posted by someone from their concern is still live in the forums! You can see the “Clarification Statement by Heathmill” posted by (info@heathmill.com) here:

http://www.debtconsolidationcare.com/forums/cashtoday-collections-1.html

So we responded to them:

[quote]We do not allow promotional links and emails in the forum posts. Visitors who post in debt consolidation care forums are supposed to read the guidelines prior to posting, have a look-
http://www.debtconsolidationcare.com/forums/about69.html

If moderators would have deleted your post, then "Clarification Statement by Heathmill" could not be live here. [/quote]

Now it completely depends upon the community to decide what to do next. If we remove these posts, Debt Consolidation Care forum will definitely lose its flavor and people will lose the opportunity of debating and share their opinions. I cannot live in such a world where I do not have the right to speak, what about you? :?:


Vikas, at least we have got their attention. Perhaps then if they are concerned about the posts they would be willing to assist in stopping their customers (ICS, Cash Today)from violating laws and possibly exposing them to liability.

Also, it might be interesting to have them take actio in US courts, the evidence that could be gathered during discovery would be a goldmine in finding ammo for a class action lawsuit against ICS and Cash today.


Submitted by jj on Thu, 02/16/2006 - 21:50

jj

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Quote:

debt consolidation forum is an open forum. This is a lounge for all where they can discuss and debate on whatever issues they like. The comments posted in the forums are public opinion. You are also welcome to post your comments and share your views here. If you want to contradict with any of the opinions you can definitely do it and the whole community will witness it.


I agree with this. Debt consolidation care forum is an open platform for all. Anyone can post their views and comments here. If heathmil has some valid point against the discussion they can post it here. It will help all of us understand the reality. Removing posts will increase the confusion and people will miss the place where they can discuss their problems.

Creditors and collectors, this could be a good resource for you too. You can seriously take these posts to your quality control department and analyze consumer feedbacks. It might help you understand what consumers expect from you. Once you can identify where the gap is, you will definitely come up with a better customer service.


Submitted by stanley on Fri, 02/17/2006 - 14:10

stanley

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Sounds like they are using the same tactics on the forum as they due on their debtors:) Threats! I think that if in fact the two companies are actually affiliated with Heathmill, then why should it be removed....only because they don't want everyone to know that they have to keep changing their name all the time. So, if nothing untrue was said, then it should stay...if there are any false statements, then they can be individually removed. Just my two cents.


Submitted by TMD on Fri, 02/17/2006 - 16:08

TMD

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Thanks for the support :). I will post all such mails to the forums as any harm ( :twisted: ) to debtcc means harm to the community involved. IMO community members should know everything happening with debtcc.


Submitted by Vikas on Fri, 02/17/2006 - 17:14

Vikas

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Our customer care department has received two more mails from Heathmill. Here is the update-

Mail received on Feb 2, 2006

[quote=Heathmill]Dear Jason

Further to our previous communications we notice that the libellous statements that had appeared on your website have now ceased. We are of course unaware as to whether that is because there has been no new input or whether you have succeeded in editing out libellous statements by reason of your editorial control.

Under the circumstances we do not propose at this time to commence litigation, although we are now ready to do so, but believe that litigation simply is a distraction from normal business.

We hope, as we believe you do, that litigation will not be necessary.

Yours faithfully

Dan Craddock[/quote]

Mail received on Feb 15, 2006

[quote=Heathmill]Jason

Im afraid the slanderous posts have returned, please see below. These, along with the anti-Semitic views have now forced our hand. We have no option but to move forward with our Attorney.

Would you be able to remove this post? Unfortunately, this would not effect our decision to move forward legally, however.

Regards
Dan[/quote]


Submitted by Vikas on Tue, 02/21/2006 - 12:19

Vikas

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What is your response to them? anti semitic? don't recall reading any of those... Also I wonder.. If they litigate they would have to file suit in the US. That would open them up to discovery...allowing their actions to be scrutinized in open court..


Submitted by jj on Tue, 02/21/2006 - 14:10

jj

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JJ thanks for your concern. We received a 10 page legal cease and desist letter from their law firm.

We are taking advice from https://www.eff.org/ and https://www.chillingeffects.org/

The notice ID at https://www.chillingeffects.org/ is 3458

We will respond to them once we get some legal advice.

I personally like Jews and appreciate all the contribution to humanity that they have done. I am really shocked to have been accused of anti semitism.

thread closed.


Submitted by Vikas on Tue, 03/14/2006 - 03:57

Vikas

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