Ive tried to get this sorted with them tried mediation too with no avail Pretty Minor.....Perhaps they are but should of been put right at time of fitting instead of leaving me with a non conforming boiler (Both building regs which they have issued a certificate saying it confirms too and a gas safe certificate to say it has been fitted properly also not forgeting the loos wires all over the joists in the roof where they have left a major hazzard and also piggybacking onto my lighting circuit!! All they had to do was put it right they were told i would pay once put right but instead they just go down the court route 3 TIMES NOW i was looking to get a new conforming boiler fitted when it had been struck out but yet again im stuck with it while this Rumbles on!

redone docs removing name sorry about that

I will redo and repost Yes Sgtbush this post is still running and some people are giving positive advice My hands are tied I cannot remove this boiler or I leave myself wide open as only they are the only people allowed to touch it if I remove it I have played into their hands It's them who fitted it not to standard and them who have been dragging this on It would of been removed and returned to them by now of it had been the end of it when it was struck out! It's needs sorting out by a judge

Hope this works Exhibit 1 is the T&C PDF Exhibit 2 (Default letter dated 26th jan) is pages 1,2,3,4 of the pdf (However this differs from the one i received (Dated 8th Jan ) Pages 5,6,7 is the default letter i received on 8th jan Exhibit 3 Page 9 Past Judegment order Exhibit 4 Pages 9,10 "Letter re past claim" Many thanks

It's been in the courts system for 3 tries and even at mediation I told them to fix the faults and it would be sorted ....they refused I've said from day one sort it and I will pay Had it of been easy to remove like a tv or a car or something like that then it would of been taken back to them Would you be happy to pay?

The boiler is not fitted to standard The boiler loses pressure at least once a week The boiler keeps tripping off it's been a case with putting up with a bad job as my hands have been tied and I'm not doing anything myself as I would leave myself wide open for breach of contract I entered an agreement for a fully fitted boiler which I havnt had Reason why I havnt had it put right is because of all the court action and the fact that if I Havnt had it put to standard is because if I did I would of been in breach of contract Nothing has been paid as I have previously said because the boiler wasn't finished

I think to be fair I'm.more inclined to defend the claim and get it removed then go to a company who will carry out the works to ALL required standards Just out of interest does this new POC look like it would fall under Res judicata?

I'd prefer another company to remove the boiler as I no longer want to deal with these The old boiler would be carefully removed and stored until they collected it Just a shame they cannot put my old boiler back in as although old was reliable and kicked plenty of heat and hot water out I'm just at the end of my tether with it and if having the boiler removed gets this ended then So be it Should I get quoted for how much it would be to get this put to standard?

I'd be happy to have the boiler removed if need be The boiler hasn't been serviced since day one and I'm.unsure as to if any damage will of been caused by this Also the fact that it's not fitted to standard gas safe or building regulations which will also cost me if the boiler stays I only entered Into the agreement because I was promised a hassle free boiler for monthly payments If the boiler was to stay surley this would need sorting But then is the fact I would be dealing with this company still after the way I have been treated since fitting I just want an end to this because it is making me feel ill

Hindsite is a wonderfull thing lol I hope you understand even more so why i am not happy and want this sorting out Any Help appreciated

I have scanned and made A Pdf file http:///drive.google.com/open?id=1nm18o7_eI52DreD0xzbb3MQ6PV5sn3zn Thats a link for a direct share Thank you

JUst had a good read of the T&C and yes it does say they will do this (Ive also been told that the FCA have said that they are required to do affordability checks and not secure on my house like they have done ) At no time was i told they would do this NO i never recieved anything from TLR it was in the Evidence pack that ASG sent me for the last Struck out case

This is what has Showed up on The registration At the Land Registry This says that the application was completed on 20th March 2014 (Boiler was fitted on 5th Dec 2013) I have only come across this because some one told me to check i was unaware of this What is it? Id be quite happy for them to come take the boiler out (It dosnt belong to me until after the 14 year term when it is paid for) Ive a boiler that hasnt been serviced is always losing pressure and going off and one that isnt fitted to Building regs or Gas safe Regs I have limited time to reply to the above amended POC so any help appreciated Thanks in advance

Id be quite happy for a third party to do that if im honest get rid of it We tried mediation they just want costs for boiler and not to put it right Below is the amended POC which has come today Previous strike out was on 3-11-2017 and the first letter i got from them was on 8-11-2017 asking to restart my Direct Debit ALso the default notice (If it is valid Is dated 8-1-2018 NOT 26th January as stated in new poc PARTICULARS OF CLAIM 1. xxxxx and xxxxx (defendant’s) entered into a Boiler Replacement Agreement (BRA) with A Shade Greener (Boilers) LLP (Claimant) on the 29th November 2013. See Exhibit 1 (BRA). 2. Under the Conditional Sale Agreement of the BRA, specially Clause 10, it details the monthly prices for the agreement: “The customer shall make 169 monthly repayments to the Company being 3 monthly payments in the sum of £22.95 commencing immediately after installation of the Equipment, follows by 21 monthly payments in the sum of £45.89 per month, followed by 144 monthly payments in the sum of £47.27 escalating at 3% per annum after the third anniversary of the date of installation”. See Exhibit 1 (BRA). 3. Along with this information under the Conditional Sale agreement it also details the total amount payable under Clause 6 and 8, being £8,832.37 (£4,109.89 for the Equipment and £4,722.48 for the Maintenance and Service). See Exhibit 1 (BRA). 4. The goods supplied under the BRA by the claimant are detailed under Section 1 of “Definitions”, Clause 5 of the Conditional Sale agreement and under Section 6 of the “Pre-Contract Credit Information”. The goods detailed as being: “A Grade ‘A’ condensing central heating boiler with parts and components necessary for the functioning of the boiler”. See Exhibit 1 (BRA). 5. The services provided by the Claimant are detailed between Clause 7 and 13 within Schedule 1 of the BRA – “The Company’s Responsibilities and Obligations”. See Exhibit 1 (BRA). 6. Upon the Defendant’s breaching the Conditional Sale Agreement of the BRA, specifically Clause 12 (Missing two or more monthly payments), the Claimant issued a formal default notice to the Defendant’s dated 26th January 2018, the Defendant’s received this as confirmed by the Royal Mail Tracking information. See Exhibit 2 (Default Notice). 7. The Default notice issued clearly state’s the defaulted payments commenced in November 2017. This is due to the previous claim (...) being struck out resulting in all previous arrears/charges being waivered. See Exhibit 3 (Court Order). 8. Following the previous claim (.....) being struck out the Claimant wrote to the Defendant’s in order to recommence the monthly payments and arrange an annual service of the equipment, this letter was sent on the 8th November 2017 and was received by the Defendant’s on the 10th November 2017 as per the Royal Mail Tracking information. See Exhibit 4 (Letter re previous claim). 9. The claim amount consists of the “Option to purchase” price of the BRA which currently stands at £3,762 inclusive of VAT which can be found under Schedule 3 of the BRA. There is then a £60.00 administration charge, the £185.00 court costs and £37.00 of VAT for the court costs which the Claimant is charged added to this making the total claim £4,044.00. See Exhibit 1 (BRA). i now have 28 days from 8th May to :- By 4pm 28 days the Defendant must file with the court and serve on the claiment the amended defence (And counterclaim) Which meets the following requirments A) is in writing preferably typed and consists of numbered paragraphs; B) it sets out concicisely all the facts the defendant relies upon ; C) It responds in turn to each of the facts contained in the claimants amended POC stating whether each fact is admitted , Denied or neither admitted or denied by the defendant D)Is verified by a statement of truth Thanks in advance B y 10.

I appreciate what you are saying but i have a boiler that is not fitter properly or working properly Fitted not to standard My previous boiler albeit very old worked perfectly i just want this sorted out fitted correctly and working properly like i was promised I Have this morning recieved the New POC Am I OK to put it here Sometime over the weekend to me it still reads similar to the other on and some advice would be appreciated This is still what i cant understand WHY is this Not Classed As Res Judicata

Well what i was going to do after the previous claim was Struck out was to go get a boiler properly fitted to both gas safe standards and also Building regulations This boiler has been more problems than the one it replaced the reason we went for this one was because we were told that it would be no bother and that we would never have to pay any extras for repairs while in truth they didnt even fit the damn thing properly in the first place and when i query this they just go straight down the court route they are wanting £3859 for a boiler that will cost £1159 theres been no mention yet of the breach of there own contract for not completing the fitting or any services and the general way they have behaved the agreement was made up of part Maintanence costs and part costs for the boiler all rolled into one amount I have found out today that they have even put a charge on my property 3 months after fitting which i wasnt aware of ! After the threats of them gaining access by saying they are coming to do work on it and all the other things (Like sending a High court enforcment officer after the first discontinued case) have left a very sour taste in my mouth and for that i no longer want to deal with them

so just a case of waiting for the new Amended POC and having another good defence to put in i presume

He asked the Claimant if the New claim was for any Monies due before 3/11/2017 (When last claim was struck out) to which they said "NO" They he asked if a default letter had been sent and they said Yes dated 8-1-18 and he made sure to make it clear to them that the New Amended POC should state this! Im in shock to be honest as it dosnt seem very fair at all like you say it is on the same agreement number same boiler same boiler serial number and same Refrence number

When the abuse of process was mentioned he said it could be compared to a Landlord / Tennant scenario where the landlord is after evicting the Tennant and sometimes it goes to court again and again and that isnt an abuse of process Even the Claimant said they didnt have the correct paperwork last time (Ie send me a formal default) but he still allowed it to be looked at again When i mentioned Res Judicata his answer was that because the case didnt have the correct paperwork before it was only struck out on because of the no default notice sent to me and because no evidence of any kind was given it dosnt count (Even though i will be relying on the same evidence as last time) Also the Claiment stated that "as per the judges order the case has been dismissed and the arrears are to date are to be waivered in an attempt to resolve this" THIS WAS NOT THE CASE AND THE JUDGE NEVER SAID THAT Todays judge said that if the claimant has said that and it isnt true (Which is isnt) then this needs picking up ASAP So i presume it is just a case of waiting to see what drops thru my letterbpx from them next should the claimant Amend the POC i presume i can use the Res Judicata again if they are similar?

This is what was given to me at the end of the session To me it is still the same claim like the others as it uses the same ref number for them and mentions the same conditional sale agreement

I've no idea but he said because they have written the arrears off and now sent a default notice for 3 missed payments it makes it a new claim and he is allowing it The amount claimed has been different on all 3 claims Says it's a new claim even though it is the same boiler and the same ref they use on all 3 cases I'm at a loss now I will post up what he has given to both parties when I get home

Just been in judge says it isn't abuse of process or come under res judicata Because they have written all arrears off previous to the strike out case last time And now have sent me a formal default notice so the claim is different! He has given them 14 days to file an amended POC And I need to get another defence put together Any help appreciated

Many Thanks for the Advice Ive done that and im just hoping that the judge sees the discontinuance and then the strike out and finally puts it to bed

Right thats me all set for tommorow Ive got NOD strike out notice and the 2 previous claim forms and the letter that says that it was agreed to waiver the arrears at the last court case (Which it wasnt it was just struck out) Anything else i need like all my previous evidence? is there anything i need to say in relation to not allowing it to be took to court a third time or will the judge be annoyed if i bring it up? just want this putting to bed finally

Afternoon all After being transferred to Grimsby county court I today have received a "Notice of preliminary Hearing" on the 8th of may 10 mins have been allowed for the hearing No mention of any evidence to put together like last time Should I take the notice of discontinuance from the first case and the strike out judgment from the second case with me? Feels like going around in circles again now Thanks in advance