Jump to content


Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim


leerob695
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1545 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • 3 weeks later...
  • Replies 274
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Here we go again.....like a dog with a bone

Pervious claim was struck out because as it was a regulated under the consumer credit act 1972 and they had sent or served no statutory default notice prior to the issue of proceedings

 

Just received a letter from a shade greener

 

Dear.......

 

We write to you following attendance of the hearing at the count court at grimsby on the 25th October 2017

 

As per the judges order the case has been dismissed and the arrears to date are to be wavered in an attempt to resolve this.

 

Please see enclosed a direct debit mandate in which we require you to complete and return in the pre paid envelope provided in order to Commence your monthly payments.

 

We note that you also require a service to the equipment in the property as this is overdue due to the previous court action

please contact the servicing team on %£%£%£=£=£=€ to arrange your service no later than close of play on 22nd November 2017

 

Please note failure to arrange annual servicing by the company is a breach of contract and legal action may be taken

 

There is also a payment due by the end of the month (november)

if we cannot agree a payment via direct debit for this month a c a Rd payment over the telephone is required to cover this month's payment

 

Please not that if you fall 2 or more monthly payments behind on your contractual payments legal action may be taken

 

Yours a shade greener

 

So it's been discontinued once

 

Now it's been struck out by a judge because they didn't serve with a default

 

And now I received this letter which is telling me there planning on taking it to court again

 

Can this be done?

 

Thanks in advance

Link to post
Share on other sites

nope they cant have 2 bites of the cherry

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

pers i'd not enter into any pointless letter tennis...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so you've not read what atleast 3 people have advised here in the past...they cant.

 

pers id ignore them now

 

get someone else to service it

if you are with british gas they are doing free servicing as a reward at the moment.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 weeks later...

Sorry to bring this up again

 

Just had a phone call from a shader greener informing me that after the courtcase was struck out i am to reinstate my direct debit!!

 

apparently it was agreed at court that this would be the case

 

told them to stop calling as this was starting to become harassment and that if they so wanted they should take it further

 

Sick to the back teeth of this

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

Morning all

 

Ive just had the post and in it was a letter from a shade greener which contained a DEFAULT NOTICE !!

 

this is after a first claim was discontinued by them and the second claim STRUCK OUT by the judge because they had never send me a default notice before

 

It is for a different amount so it looks like they have written off any of the missed payments from before

 

i presume that its only a matter of time before they put an online claim in and try it on again in the courts system

 

this will be the third time when they do

 

I appreciate advice has been given to ignore

but they can put an online application in again and i have no option to respond the courts but id like to have a response when the time comes

Link to post
Share on other sites

stuff and all they can do I think

 

you'd simply inform the court the claim was already struck out, they cant have 2 bites at the same cherry.

 

FWIW they must now abide by the new Pre action protocol here:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

I would think if you reply with a copy of the strike out notice with the reply form that would kill it dead.

cause they'd look mighty stupid infront of a judge if they went through with a new claim. and they'd already been officially sent that to them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Does it make a difference that the amount they are trying to claim has changed

it seems they have just written any previous missed payments off and have started the payments again and now because i have missed 2 they are sending a default

 

so because it is a different amount it will be classed as a different case even though it is the same agreement number

Link to post
Share on other sites

see post 173.

 

and they cant issue a DN as the agreement never started as the installation was faulty see your post 1.

 

check they've not trashed your credit file too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Difference in amount is irrelevant...the substance of the claim is the same.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Another letter today One sent recorded delivery and one sent normal post

This one was headed a "Formal Default Notice"

Getting sick of this now its A joke and i think it could be border line Harrasment

 

a copy of the judges order striking out the case on 3-11-17 has been sent to them after the last letter!

 

letter states i have missed payments dating

November 2017

December 2017

January 2018

 

Between the period of march 2015 and october 2017 no payments of your account have been made.

This total;s the amount of £1940.61 which has been removed from your account due to the previous court claim outcome (The claim was STRUCK OUT 3rd November 2017)

 

you failed to make the payments which were due on the following dates

November 2017 £48.69

December 2017 £48.69

January 2018 £48.69

 

you are in breach of contract under the conditional sale agreement in that you have two or more monthly payments outstanding in arrers.

 

Please contact us as soon as possible on the confirmed contact details

 

Please note that if a payment to remedy the breach is not made and received to us by the specified date stated in the default notice (9-2-18) legal action will be taken and it may be difficult for you to obtain credit

Link to post
Share on other sites

berks!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Update Again

 

Just recieved 2 brown letters from Northampton court one for me and one in my wifes name which is a claim formlink3.gif

Particulars of claim:-

 

A boiler replacment agreement was signed on 29-11-2013 by XXXXXXXX and XXXXXXX Purusant to whch Mr XXX XXXXXX & Mrs XXXXXXX agreed to make payments to the creditot to pay for a grade A central heating boiler the amount due at the date of the claim is £3859.

 

This sum consists of :- Missed payments and administration charges totalling £60.00 including VAT =£37 VAT on the Charges we are to incur for the court fees

 

The purchase price for the baoiler as set out in schedual 3 of the agreement at any time prior to the sixth anniversary of the agreement is £3762.00

 

the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 30/11/2017 to 09/02/2018 on £3859.00 ans also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.84

 

 

 

Please help in how to respond to this it is beyond as joke now

 

the discontinued first claim form

the second time they tried was struck out on 3-11-2017 and now this again 3rd claim form 3rd different amount claimed

Edited by honeybee13
Paras
Link to post
Share on other sites

abuse of process will be thrown out in seconds

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi leerob

 

If you could type out the particulars of claim for claim 1 and amount claimed...claim 2 and amount claimed..the above is that the particulars of claim 3 verbatim ?

 

It would be even better if you could scan all 3 N1 claim forms and redact any identifiable data. ( I assume your Mrs is exact as yours? same claim number ?)

 

Whats the date of the latest claim ?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks ...and the dates of each claim...the date it was discontinued (claim 1) and the date it was SO (claim 2)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

First Claim £4985.52 + Court Fees = £5170.52 (Claim Date 26th Sept 2014 & Discontinued on 31-10-2014)

Second CLaim £4619.00 + Court Fees = 4804.00 (Claim Date 28th April 2017 & STRUCK OUT BY JUDGE on 3-Nov 2017

Third Claim £3859.00 + Court Fees = £4044.0 Claim Date 12th Feb 2018

Link to post
Share on other sites

Thanks...get the new claims acknowledged (you have to duplicate everything on yours and mrs)...defend all.

 

I will draft you a further defence and this time with costs

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If my memory on this post serves me right you were refusing to pay because of a catalogue of errors ( rightly so) and you had monthly payments, which you didn't pay(again rightly so).

 

I know they tried it on and you won.

 

Have they now corrected the errors or come to take the boiler out?

Because as I see it you now have a boiler and you haven't paid for it.

Surely the company can come back to take out their boiler as you haven't paid anything for it.

In effect you have betterment

Link to post
Share on other sites

  • 2 weeks later...

No the errors have not been sorted out

Its Hardly betterment because im left with a boiler that constantly loses pressure and is quite hit or miss (Before we had this boiler fitted we had an old (But working) Back boiler with only costly gas issues

Now this system isnt even fitted to standard .

 

they are more than welcome to come and remove it provided they leave me as i was before with a working system

 

My plan was to get this court case sorted

(Which i thought it was after being struck out )

and then sort out fitting of a new boiler from a company that will fit it properly

 

Andyorch again I appreciate your help on the defence

its all very messing and not straight forward now it has been struck out and they are trying to get to court again

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1545 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...