Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from ShareProphets). I have no business relationship with any company whose stock is mentioned in this article.
I have this morning received a lawyer’s letter from Quindell (QPP) as has ShareProphets. It does not cite any specific factual errors made by me but none the less demands that I withdraw all articles on ShareProphets, put my name to an apology and admission of God knows what else drafted by Quindell and that I never write about the company again. Is this not a tad Stalinist?
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Comments
Graphboy
Brilliant. Classy response. Not!
David Lake
Set up a crowdfunding website to take them on.
I will contribute.
Keep going.
Duff
Tom,
Are your lawyers currently in the process of buying an off the shelf company ready to sell to you for vast sums? After all, they will need to be paid.
Bhoyobhoy
Mr Winnifrith,
Let’s hope you are confident in what you have been writing for the past couple of months – otherwise you may have a lot more time to spend in your Greek hovel!!!
R
I like the idea of crowdfunding a fighting fund, count me in.
Tom Winnifrith
Bhoyobhoy
I am 100% confident and cannot wait for the disclosure process.
And my financial affairs are all well sorted in all eventualities but thank you for asking
T
Langley
What does ‘bitchez’ mean?
Juicin Drumroll
What else could QPP do a couple of days before the results but come out with some bluster & BS? The QPP boardroom must have been like a pressure cooker! Continuing silence would have been a tacit acknowledgement of the veracity of the stories. They had to come out with some kind of a response & I guess this non RNS re-hash of their GCR rebuttal is all they could come up with.
Such was the onslaught against RT & QPP my bet is this is designed to rally the zealot BBMs pre-results, who must have finally been entertaining doubts, & you’ll never get near a courtroom.
There’s a big difference however between threatening to sue & suing. Can’t imagine RT wants to expose himself & QPP to discovery & cross examination at the hands of a sharp witted QC in an arena where he has all to lose & nothing to gain.
CPPH
Good luck Tom. Not that I think you’ll need it. The fact that this ‘rebuttal’ didn’t come through RNS says it all.
Diabel
….in my view the biggest red flag of them all – until now – was the continuing failure of qpp to respond to your repeated allegations of fraud. Fraudulent trading is a serious business indeed. I suspect they have timed it nicely as your ferocious and frenzied allegations of fraud now goes well beyond a defence of fair comment or public interest. In English law the party that alleges fraud enjoys the burden of proving it and too a high degree. Certainly to a higher standard then the balance of probabilities the recognised civil standard. Therefore asking the company to disprove fraud is mistaken. The obligation is now all yours. High court litigation is going to keep you extremely busy. Could QPPSAG be celebrating at the new man pizza if indeed the company succeed in there legal action? Perhaps RT can expand into the pizza business!
c wood
You all forget RT doesn’t just have a team of lawyers, he owns multiple businesses full of them. Shareprophets are silly to have let this continue.
A.N.
“Bitchez”…. How professional.
Your published reply is also littered with grammatical errors, much like the vast majority of your articles.
How anybody takes this seriously is beyond me.
wildrides
Blimey ……. its all been happening this afto …….no wonder I could not log on to the site . Everyone in the city must have been havin a gander . Well done Tom anyways for being brave enough to try and force some answers from them . To answer QPP and their bluffery ….WHERE IS THE CASH ?
I see the morons were out in force buying their little “tops ups” sending the price up a bit . All small tiddler buying tho . PI people taking a punt .
Having read the QPP rebuttle I am siding with Tom and the other professional critics still .
Creative accounting will assure the interims look good on first inspection no doubt ………. but time will tell the real story of where the cash is or is not .
Dominic Cooper
As Tom puts it (and as QPP should apparently know as one of the UK’s top 10 law firms by revenue) – Part 31 of the Civil Procedure Rules apply.
In any legal action, a party is REQUIRED (under pain of two years in the slammer if you don’t comply) to provide copies of any document within your possession or control which may harm your own case or which may assist your opponent’s case.
In fact, Tom, following the receipt of a letter, and within the spirit of the Pre Action Protocol for Defamation (Paragraph 3.5), you are perfectly entitled to demand the information now – you have been identified as a potential defendant in a claim, and the court rules require parties to try to settle claims pre-court.
Demand they disclose all the documents you want to see – public or private (obviously you can’t use the private ones on your websites), and issue an application for Pre-Action Disclosure if they don’t. You may even get a costs order against them (as we all know they won’t disclose a jot).
Tom Winnifrith
C Wood
I am aware that QPP has 59 qualified lawyers who specialise in ambulance chasing. Maybe they are tied up generating accrued income so RT has had to hire an external firm to try to gag me.
I am ready for the fight and discussing what documents we wish to see under disclosure rules tonight.
Bring it on bitchez!
t
Phil
If I were a shareholder in qpp it would be on the premise of pitching their business model up against market demand,
OK knowing the risk and defending the premise of value against market demand is one thing but to defend the actions and reputation of a chairman, you are kidding me.
Do you really expect me to risk my hard earned money digging, of all people, a highly paid, well perked chairman.out of a hole, by and large of his own making.
If that is the demands qpp places on their shareholders, no chance.
Win or lose all parties will have their dirty linen played out in the public domain.
Business creates value in the courts of market demand, no where else.
This goes to court, shareholder value will suffer, win or lose.
Perhaps the last article, the 2011 accounts 41% touched a raw nerve eh
Drunken Sailor
Diabel,
Tom is not prosecuting QPP for fraud – that would be a job for the SFO further down the line.
Tom is the defendant in a libel case (assuming they do actually serve the papers). Thus the burden of proof rests with QPP to prove that Tom’s articles, in which, amongst other things he alleges fraud, are sufficiently inaccurate to be libelous.
As someone who has received empty threats from lawyers acting on behalf of a cesspit company, I am watching with keen interest.
Go get ‘em Tom, they can’t afford to back out now and you have them just where you want them.
Abdiel
Great to see all the QPP uber bulls out gloating today (lol, clearly missing the point again). But now that they are here perhaps they would like to answer some of question raised?
alcira16247
Tom
So the saga takes another twist! This has got to be the financial story of 2014! The story must now be picked up by the main stream financial media! Guess, your going to be a very famous man, Tom!
Fighting fund? Count me in, too! I believe your a man of integrity and bravery. I would be proud to support you in all your endeavours to disclose wrong doing and corruption.
Best wishes to you and yours
King bob
So just so I am totally clear……….. are you saying I should buy into QPP now?
They could put the accrual of millions of pounds of liberal damages for next year on their balance sheet (it’s a joke but they probably will).
C H Ingoldby
Tom, I heartily recommend the response of ‘i refer you to the reply in arkell vs. pressdram’ as being the classic legal reply to such bullying threats.
I will be making another trip to your quite excellent restaurant in honour of your fight against these bullyboys.
alcira16247
To the FCA
Tom Winnifth has written a series of articles accusing Quindell of systematic fraud and misconduct.
Today, Quindell has responded, demanding a retraction and apology.
Sirs, you are the official body charged with conduct and regulation.
I respectfully, suggest that you now initiate a full investigation into the claims made by Tom Winnifrith against Quindell and its executive Chairman.
Only then with your impartial investigation and conclusions will this matter will be put to rest.
For the sake of investors and the thousands of jobs involved, for God’s sake act! Do the job you have been charged to do, sitting on your hands is no longer an option.
Bonanova
I wonder if QPP have accrued revenue for a damages claim against Tom & ShareProphets!!! PMSL.
Whilst Tom and I have rarely seen eye to eye over the years I think he has nailed this lot. I too doubt it will get to court. Keep up the good work and keep the articles coming. By sending that letter I think the BOD have made a major error of judgement and will now have to spill their guts via disclosure. I would wish you luck Tom but I don’t think you will need it.
catempire
Best of luck Tom… As much as i think your an arrogant, slightly ignorant outspoken twat I do admire you for sticking to what you believe in… maybe not so much the obsessive lack of give a F**k for investors but each to their own.
Now however… I think you may need all the luck you can get, if results are cash positive as many believe they will be you could easily be held liable for some of what you have posted to the public.. Personally think you have been treading on water and becoming a tad OTT over recent weeks.
If the share price rises and EK looses his shorts this will also be cause for celebration, I’m routing for QPP not that I care either way.
GL
turbograndad
KB, piss off, Tom, rock on Tommy. go get them.
wildrides
I think that other commentators here today have completely nailed it :-
QPP needed the accrual of libel damages against Tom in order to hit their interims targets on this coming Thursday . Sheer bloody genius ……..dont know why I did not think of that !
Mark
Frith v Froth I’m team frith
Bally
QPP should have learnt from Gowex; if your carrying out fraudulent activities DO NOT keep changing your auditor – for heavens sake don’t end up with a Big4 auditor.
Also NEVER apply for full listing as all the ‘fradulent’ details will need to be revealed.
Anyone would think QPP has nothing to hide
Neil
Surely if QPP are found quilty of what TW accuses, surely they must subsequently be quilty of trying to blackmail TW into silence. TW top respect.
Kind knievil
Tom, no disrespect, I’ve just had a count of the number of blogs you’ve dont on qpp since 22 Apr, it’s over 130. Some may think that is excessive, and amounts to harassment. The other thing is that you’ve not just attacked qpp, but also all connected parties, nomads, auditors etc as being complicit. Wouldn’t surprise me if they want to join the party. Just be careful.
James
It’s simple Tom, you ask reasonable questions, they refuse to give direct answers and explain themselves, if they don’t like what you write then they only have themselves to blame. The SP will go up or it will go down, at the end of the day you are doing your job as a journalist and whiney unintelligent cretinous little bitches (like KB) will continue to bitch, whine and moan at the mere thought of company impropriety while serious investors will take great interest in getting to the bottom of all the red flags you (and others not related to ShareProphets) have raised over the last six months. Keep up the good work!
wildrides
Kebab
Vacuum brain :- the rise is just 2.6 p in old ( pre con) money . Hardly a multibag.
I was in from 9p to 44p and sold up so I dont need to risk losing that gain again . When you win at roulette ……..walk from the table.
P/s I have some primordial soup, if you would like to start something growing in your empty cranium .
Ps consolidation was at 250p so you have some way to go for the majority to be breaking even , never mind profit .
Stokie
I think this time your luck will run out and will end up costing you dear.
You have a very unprofessional approach and I think when this ends up in a courtroom, the judge will look at this in a very damning way.
Ending a letter regarding potential court proceedings in “bitchez”?
I will not wish you good luck but I do think you are going to need a bucket full of it !!
James
Wildrides – primordial soup – LMAO!
Langley
There are certainly curiosities. For example, there is a Simon Hall Associates Limited registered on company house as a dissolved business with records last updated in 1997. Why QPP would pay £2.5 million for a dissolved business with a net worh of £145K appears strange on paper – assuming of course that one is referring to the same business. Assuming this is so, if that transaction was to ensure that Mr Hall’s services were recruited by Quindell that that could be argued as being in shareholders’ interests.
The second point at least from press releases is that the purchase of Simon Hall Associates (SHA) was followed by a lock in, and a penalty in the event that QMS – the holding company of SHA failed to meet its targets.
Allegedly, Hall was ranked in highly in terms of his field – so independent of his social standing with individuals at Quindell – could be argued to be a sound recruitment.
Question is whether QPP can pick or choose which allegation it chooses to defend – but the SHA acquisition, and more importantly Mr Hall himself does look to be in shareholders’ interests – in my opinion.
tony5
A man walks into a bar. He sees a beautiful, well-dressed woman sitting on a bar stool alone. He walks up to her and says, “Hi there, how’s it going tonight?”
She turns to him, looks him straight in the eyes and says, “I’ll screw anybody, any time, any where, any place, it doesn’t matter to me.”
The guy raises his eyebrows and says, “No kidding? What law firm do you work for?”
tony5
The interesting thing about the Law, is that it is often used by stupid people, to try to threaten and intimidate those who they wish to bully into some course of action.
However what these stupid people often do not fully realize, is that the Law is not just a sword that can cut and damage – it is in fact a TWO EDGED sword, and those who try to wield it with impure, corrupted motives, may in fact find it turning inexorably, inevitably, back towards themselves, revealing their own corrupted, tainted motives and behaviour, as it unerringly cuts into them.
There was once a chap called Jonathon Aitken, who decided to sue for libel, over allegations of wrongdoing, and took a very noble and righteous stance, issuing the statement:
“If it falls to me to start a fight to cut out the cancer of bent and twisted journalism in our country with the simple sword of truth and the trusty shield of British fair play, so be it. I am ready for the fight. The fight against falsehood and those who peddle it. My fight begins today”
Ah yes, the ‘sword of truth’.
And yet, that sword turned around, turned upon him, and too late, he realized his fatal mistake, in failing to fully appreciate that this weapon cuts BOTH WAYS.
He ended up in a prison cell, sentenced to 18 months in prison.
For after all the bluff, and posturing, and false noble words and facade, there was corruption, and rottenness at the core, clearly revealed, when this two edged sword turned back upon himself and cut him open, revealing the inner rottenness and filth, that had been festering away quietly, hidden away in darkness.
Therefore when powerful people are minded to use the Law, as a weapon to strike down retribution upon their enemies, they should be WELL MINDED, that this path may lead to their own destruction, as the sword inevitably, and inexorably turns to face them, in the light of severe, harsh cross questioning, by a no-nonsense, highly experienced QC, who will dissect their every little utterance, stripping it apart, ripping it to shreds, leaving their lies exposed, and their falsehoods clearly exposed, and the rottenness that has been hiding in the dark for so long, clearly exposed and open to the air, with the whole of the great British Public, looking on.
While those who hide behind smart suits, and even smarter words, while secretly engaging in corruption, and murky illicit dealings in the hidden darkness, are ordered to stand up in the cold light of day, in a hostile, unfriendly dock, faced by a battery of wigged and gowned, frowning hostile barristers, then the formerly confident corrupted bullyboys may find themselves forcibly and ruthlessly humbled, as each little transgression, is revealed, publicly, and in great detail, dissected slowly and carefully, while all the time, under harsh severe cross-questioning, their cultivated facade slowly begins to wither, the blood to withdraw from their face, their hands to shake, and the slow realization of dawning, that they in fact are the ones now on trial, and that now that they have stood in the dock, stood up to be questioned as they have never been questioned before, where failure to answer is a punishable offence, and where misleading answers are also a punishable offence. Now for the first time in the life of the corrupt posing as the noble, the outer facade, the sheen of respectability is ripped away, utterly stripped away, under the force of severe cross questioning, and NOW for the first time, the corrupt realizes that the facade is gone, the sheen and veneer of resectability has been completely stripped away, and NOW, they are revealed to ALL, as they REALLY are – corrupt, tainted, and stained.
Ah yes, the trusty sword of truth.
How little the corrupt bullies [including those of history, such as hitler, stalin, saddam, gaddaffi, etc] understand the law of kharma, and how the law of compensation ensures that the sword of truth will unerringly return to serve them up their own brand and style of justice.
So to those who attempt to use the law to threaten, to intimidate, to bully, BE WARNED.
The LAW is not just a tool for you to use against those seeking to expose the truth, and to expose corruption and unethical behaviour.
The Law is impartial, and has its own reasoning and logic, and is not to be used as a tool for unethical corrupt bullies to try to browbeat their opponents, lest they themselves feel that two edged sword turning to face them, and to bear down upon them, smiting them a deadly and fatal strike, exposing fully and publicly, the rottenness and stinking corruption, which until now, they have been secretly hiding and practising in the cover of darkness and deceit.
http://news.bbc.co.uk/1/hi/uk/363478.stm
Dominic Cooper
And Jeffrey Archer, and Tommy Sheridan. And Neil Hamilton’s libel actions have the appearance of being not as kosher as they perhaps ought.
There must be psychological defect which makes people bring libel actions, when they know the libellor was telling the truth.
Abs Boll
Langley, 8046192 is the Company Number for what was incorporated on 26/04/2012 as Simon Hall Associates Ltd and changed its name to SH AUTO SERVICES LIMITED, 17/03/2014. The previous incanation of that name was Comapny No 1013085, dissolved in October 2001
Aerostar
Tony5 – Billion dollar companies (or hedge funds for that matter) will be able to afford quite a decent QC. The UK is now a bit like the US. The more money you spend, the better chance you have. Deep pockets will win the day, regardless of the facts. look at the money Murdoch spent to get R. Brookes off…
Catempire
Money talks bullshit walks… What happens if you got both? A fucking Mexican stand off where those will happily get covered in bullshit if they can walk away with money.
Going to enjoy reading about this in the daily mail – “Man gets covered in oppositions crap as he realises he’s run out of her majesty’s shit tickets”
Gl tom, I do wonder why you have been obsessed for so long, 130 articles on one company? it’s not healthy mate, far better things to be doing in life.
Forty two
Well some of us were “obsessed” with Vanco, Lernout & Hauspie, Torex Retail, Autonomy, isoft, Parmalat. And we were right. Your money. Tom continues to ask the right questions. And we haven’t even started. UKLA wouldn’t play because they will be outta cash in q3. Working capital report. Doh!
Juicin Drumroll
A poster on ADVFN is saying you have been served with a writ from QPP.
http://uk.advfn.com/cmn/fbb/thread.php3?id=32030488&from=11243#firstpost
True or lies?
Ta!
Tom Winnifrith
Juicin
as yet no writ received
T
Mashy
David Lake – genius idea. count me in for a few quid.