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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Deposit to test drive - refusing to refund *WON IN COURT*


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Personally I would engage an enforcement officer.They are quite competitive now and you can get the job done from around 85 quid (What I was quoted by one firm to collect from Citi Financial)

 

Heres the advantages;

 

They dont just work 9-5 Monday to Friday-many work weekends and evenings.

They will make multiple visits-not just once and then return the warrant

They have the powers to break into commercial premises and remove goods..

But best of all they act quickly...unlike court baliffs-they dont. give advance warnings of collection.

 

The obvious incentives to them is that they add their own costs to the value on the warrant....and you still get your claim in full and the costs for their services after they collect.Theres other advantages too which I will not go into here but can say it was enough to sway me.

 

The important thing is speed-The Respondent can play for time in getting the warrant suspended so make sure you act before he does.

Also make absolutely certain that the details on the warrant are the registered address of the Garage.This is very important in using an EO. Keep us posted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Now that you have a CCJ hit them with a Statutory Demand. That should get a response

 

 

A Stat Demand - to the best of my knowledge - requires a minimum debt of £750, otherwise I would agree. This claim was for £500, even adding interest for a couple of months and the court fees is unlikely to come to £750.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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A Stat Demand - to the best of my knowledge - requires a minimum debt of £750, otherwise I would agree. This claim was for £500, even adding interest for a couple of months and the court fees is unlikely to come to £750.

 

Not only that but the OP has a default judgment which can easily be set aside.

A Stat Demand should never be used where a debt can be disputed.

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Not only that but the OP has a default judgment which can easily be set aside.

A Stat Demand should never be used where a debt can be disputed.

 

 

All debts can be disputed, so it must be distinguished between 'can dispute' and 'easy/likely dispute'. The latter is cases like a Judgment in Default. If it was Judgment after a hearing in which the Defendant had shown up, then it would be a 'can dispute' and if it were above £750 a Stat Demand should be used, but even if this case were above £750 - I stand corrected - and a Stat Demand would not be the right move.

 

Considering that a Third Party Debt Order is no-go - unless the OP does have the Debtor's bank details - I think Martin's post is the next best if the Warrant of Execution has not worked.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Now you have a CCJ, why not go after the Credit Card people?

 

And to stop him charging you again - ask for a replacement card (as per lost/stolen) on the grounds that "your card details may have fallen into the wrong hands"... that way, different card number - he can't charge again.

 

Well done so far - keep at it - and nil illegitimi carborundum!

Edited by Meldrew2

British Shoe Corporation - won :) BT - won :) West Lancs Council - lost :-x 02 - won :) British Airways - still fighting :o STOP PRESS - RSPCA - daughter won with letters I wrote :)

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The debt collection industry use SD's to scare the hell out of debtors without ever having any intention of taking it forward. I'm suggesting the OP do the same on the basis that it won't cost anything other than time & won't have to apply to the High Court because being a business the dealer will want to settle before it goes that far

 

It's using a none cost strategy In addition disputing the CCJ now will be nay impossible as for one thing CPR 13 has been revoked & having the CCJ certainly establishes the debt is owed

 

Having said all that the debt does have to be over £750 to qualify

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The debt collection industry use SD's to scare the hell out of debtors without ever having any intention of taking it forward. I'm suggesting the OP do the same on the basis that it won't cost anything other than time & won't have to apply to the High Court because being a business the dealer will want to settle before it goes that far

 

It's using a none cost strategy In addition disputing the CCJ now will be nay impossible as for one thing CPR 13 has been revoked & having the CCJ certainly establishes the debt is owed

 

Having said all that the debt does have to be over £750 to qualify

 

By the way Bankruptcy following a Stat Demand does not have to go through the High Court, in fact below a certain figure - I'm not sure of it exactly - you can't go to the High Court.

 

Having the CCJ only establishes the debt is owed if it was granted after a hearing. A Stat Demand could be disputed on the grounds that notice of the CCJ, the claim form and all other court documents were allegedly "never received". [Enough debtors try that one on without there being any truth in it].

 

JonCris: You are basing your advice on one piece of 'logic' that is not guaranteed. On the other hand that may get the dealer frustrated so that he does something stupid, and doing something that is false and downright fraudulent. Unless one can not be caught out, it is best not to do anything fraudulent. Just because the DCA's do this does not mean it is right - in fact the exact opposite.

 

Yes, in this case a defence was filed, but the dealer may suddenly come up with a new defence or new excuse, for example the Notice of Judgment was not received - which in itself would be sufficient reason for the debt to be paid but it to be considered as within one month, but the debtor would make an application to set aside the Judgment before paying which would most likely be accepted and be given another month to pay.

 

Yes, the debtor could fight and fight and the end result would be that the debtor would have to pay. But, if the OP does obviously wrong and borderline fraudulent stuff in enforcing the Judgment, then it will only work against the OP in the future.

 

Also, if the trader is as he is an obviously experienced conman, it is most likely that he knows the £750 rule behind the Stat Demand's so would ignore it.

 

I would agree with Martin that an external bailiff company would be best. The court bailiff's are excellent for some large companies and people that get scared at the slightest bailiff letter, but for this - obviously experienced - conman, the court bailiff is not necessarily going to work - whilst it was worth a try because the odd court bailiff is good at their job.

 

[This is probably because the court bailiff gets paid whatever the case but the private bailiff's normally only make their money upon success.]

 

Also, a private bailiff would be more inclined to embarrass the trader, which could be more likely to prompt the trader to pay.

 

When was CPR 13 revoked? Certain parts have been certainly, but on the Ministry of Justice website it is still there along with the latest CPR, albeit no PD [go to CPR - Parts and Practice Directions and scroll down to Part 13, then click on it, the direct link is PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT ]. If I am wrong then I apologize in advance.

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Like I stated earlier CPR13 none delivery/receipt has been revoked therefore & provided the documents & judgment were sent to the last known address it is no longer an argument that can be used to have a judgment set aside

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Like I stated earlier CPR13 none delivery/receipt has been revoked therefore & provided the documents & judgment were sent to the last known address it is no longer an argument that can be used to have a judgment set aside

 

 

Nope, you stated that CPR 13 has been revoked, without mentioning a specific part of it.

 

That specific defence could not be used in this case as a defence has been filed, but not accepted. The basis of an application however is a reason why the judgment has not and/or should not be paid. If the defendant makes an application saying the judgment notice was not received - even if it was sent to the correct address - it is most likely that the judgment would be set aside.

 

The reason that this part of the CPR has been revoked is - to the best of my knowledge - because of a recent case where the judge's in the Court of Appeal or House of Lords stated that as the documents had been sent to the last known address, that in itself was not sufficient reason to set aside the judgment. However the judge's can still exercise discretion as to the reasons for setting aside a judgment and have been known - so as not to prejudice against a party - to set aside judgment for such a reason.

 

Whilst the debtor would still have to pay the debt within a month to keep it off their record, it would cause the OP more hassle in dealing with the matter for which the OP is unlikely to recover costs. Furthermore, as JonCris is so in touch with the legal press he will be aware that judge's have been known to criticize the parties behaviour - such a criticism could cause troubles, so it is best to act 100% above board, or only below board where you can't get caught out.

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Couldn't agree more & as for behaving ABOVE board one should never ever advocate lying as a means to end in matters of a criminal nature

 

 

JonCris: You have a habit of not reading my posts in their entirety and commenting immaturely and with snide remarks against the part of the posts that you do read. Please stop. If you have anything personal against me, take it up with me by PM - which has been mentioned in another thread, by Janet-M I believe - that you have not done till now. If you do I will be happy to argue as much as necessary, but there is no need to ruin other people's threads with your arguments with me - which I will feel compelled to respond to.

 

The irony here is that you were the one who recommended the Stat Demand, so you are now agreeing with me and recommending against it? Thanks for the compliments.

 

I was saying that where there is a risk of being caught out, don't do it. Only do anything not completely above board if there is no risk as such of it backfiring on you.

 

JonCris: I am sure you're not 100% innocent and have done something on the odd occasion that was not entirely honest. Either that or you're a saint ;) The only difference is I admit it when prompted.

Edited by legalpickle
typo

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Yes-;) Saint JC......

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Me being snide. Irony I don't think you know the meaning of the word

 

Did you or did you not advise a member to lie to an employer in a criminal matter which would have meant attempting to pervert the course of justice??

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I've just read you latest post.

 

No I have never suggested to a client that they lie to further their ends. Nor would I knowingly suborn perjury & take great exception to you implying otherwise.

 

In addition anyone in the legal profession advocating such a course of action would & should struck off.

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Me being snide. Irony I don't think you know the meaning of the word

 

Did you or did you not advise a member to lie to an employer in a criminal matter which would have meant attempting to pervert the course of justice??

 

 

Lie to an employer? You're confusing posts.

 

Read the posts and if you have criticism don't ruin other posters threads with it.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I've just read you latest post.

 

No I have never suggested to a client that they lie to further their ends. Nor would I knowingly suborn perjury & take great exception to you implying otherwise.

 

In addition anyone in the legal profession advocating such a course of action would & should struck off.

 

I am not a Solicitor and have never claimed to be.

 

I never spoke about advising clients, and this is the first you have mentioned of "clients".

 

I highly doubt you have never lied or told a white lie, in fact I would find it impossible to believe if you claimed to have never lied or told a white lie.

 

I would also find it very difficult to believe that you have never ever [in your whole life] told somebody privately to make up an excuse.

 

Now can we please get the thread back on topic? If you have a personal problem with me then please PM me otherwise leave it alone for the sake of the OP.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Can we please stick to the topic of the thread or off topic posts will be moved.

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  • 4 weeks later...

Thanks for all your posts.

 

The enforcement worked and I received all monies due (save for £1 - pathetic but I guess he'd been here before...). C

 

Cheque banked. One happy customer.

 

Thanks again.

 

Case closed!

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Well done joe - brilliant result, well done on sticking it out :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Nice one Joe - welcome to the consumer revolution!!! :D

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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