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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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- I need to get to the stage of a re-trial before I can intoduce this valuable document.

 

Why?

 

 

Ladd v Marshall deals with admitting new evidence

 

look it up

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Hearing Result = Score Draw

 

Full appeal granted but in only very specific areas - more later.

 

Will need "Carey" case and lots more info on collection of only arrears

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Congrats Beau

 

I really dont see how there getting away with claiming just the arrears, this really needs nipping in the bud

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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If there is a valid agreement, then, without a valid DN, the arrears can be claimed up until the account was terminated. i.e. IMHO as soon as the creditor demands 'sums not yet due' or stops sending statements or sends a letter indicating account closure

 

That is, of course, assuming that the assignment was lawful and absolute.

 

Also assuming there were no unclaimed unlawful charges included in the lawful arrears at the time of termination.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Well done. Did the other side attend or were they trying to intimidate? As PT stated earlier, you can use Ladd v Marshal to aduce new evidennce, but you I believe it must be done by appliction.

 

You mention claiming arrears, are they just claiming arrears?

 

Hearing Result = Score Draw

 

Full appeal granted but in only very specific areas - more later.

 

Will need "Carey" case and lots more info on collection of only arrears

 

Beau

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Right then,

 

I thank you all for your kind words and support but....

 

I said earlier this is now very serious for me, as I really need to take heed of the words that DJ QC said to me in granting this appeal. If this goes wrong I may well end up with double the £8k + that this is already sat at.

 

I have to consider two points only from my SA to take forward into a appeal hearing as follows :

 

1) The question of the prescribed terms not appearing in the reply card which does not conform to s61. The judge asked Cabot Counsel for guidence in the case law to look for and Carey - HSBC was suggested, plus one other that I cannot remember Waksman possibly.

 

2) I have strongly put forward the case that Cabot are not just claiming the arrears but are in fact claiming the full balance as demanded only 10 days after the assignment from Barclays to Cabot. It is worth noting that the high powered barister for Cabot seemed a little muted on this point - it is my strong belief that they are weak in this argument. Of course they do have time to develop some answers now.

 

I need to possibly look into legal help as I feel this is now going to go beyond my capability and I will be out of my depth - it was very obvious that I was an LIP.

 

Judge said that I had raised some very technical arguments and in his opinion and experience these arguments would eventually be trodden down.

 

So if the site team are watching I will need guidance - my gut feeling is to go on but there are very strong reservations here.

 

It was nice to speak to someone who was prepared to listen to my reasons and arguments. It was also nice to see the high powered counsel for Cabot be shot down when he asked for surety of costs.

 

I think it was Rhia that asked about the experience - I would not say it was nice, as I was driving to the hearing I my legs felt like jelly but once I realised that the judge was prepared to listen that soon calmed me down and I got into the swing of it.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Right then,

 

I thank you all for your kind words and support but....

 

I said earlier this is now very serious for me, as I really need to take heed of the words that DJ QC said to me in granting this appeal. If this goes wrong I may well end up with double the £8k + that this is already sat at.

 

I have to consider two points only from my SA to take forward into a appeal hearing as follows :

 

1) The question of the prescribed terms not appearing in the reply card which does not conform to s61. The judge asked Cabot Counsel for guidence in the case law to look for and Carey - HSBC was suggested, plus one other that I cannot remember Waksman possibly.

 

2) I have strongly put forward the case that Cabot are not just claiming the arrears but are in fact claiming the full balance as demanded only 10 days after the assignment from Barclays to Cabot. It is worth noting that the high powered barister for Cabot seemed a little muted on this point - it is my strong belief that they are weak in this argument. Of course they do have time to develop some answers now.

 

I need to possibly look into legal help as I feel this is now going to go beyond my capability and I will be out of my depth - it was very obvious that I was an LIP.

 

Judge said that I had raised some very technical arguments and in his opinion and experience these arguments would eventually be trodden down.

 

So if the site team are watching I will need guidance - my gut feeling is to go on but there are very strong reservations here.

 

It was nice to speak to someone who was prepared to listen to my reasons and arguments. It was also nice to see the high powered counsel for Cabot be shot down when he asked for surety of costs.

 

I think it was Rhia that asked about the experience - I would not say it was nice, as I was driving to the hearing I my legs felt like jelly but once I realised that the judge was prepared to listen that soon calmed me down and I got into the swing of it.

 

Beau

 

I know how you must be feeling right now. Sometimes the other side can "spook" you out and make you feel as if you are running down a blind alley. The DJ hasn't helped by suggesting your "technical" arguments would be trodden down in time.

 

Remember, in your circumstances you have higher court decisions on your side which should be binding upon a lower court judge.

 

Appeals are tricky I'm sure and if you can find a pro-bono barrister then all well and good. However, it certainly is not beyond the realms of a well prepared LIP with lots of support. I'd be more than willing to attend court with you for some moral support (and the odd reminder here and there).

 

But it is ultimately up to you... :)

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I'd be more than willing to attend court with you for some moral support (and the odd reminder here and there).

 

Thats one hell of an offer ;)

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Fully understand how you feel about the experience. I've been there and I know it can be very intimidating. I agree with VJ, Counsel attended to try to intimidate and frighten you with possible costs if you lose.

 

Take a couple of days to get over it and then decide what to do.

 

One point I'd pick up on is the Judge asked Counsel for otherside for guidance on case law. You will need to prepare to rubbish the Carey argument as it clearly has little bearing on enforcement by a creditor. I had the same argument thrown at me at my appeal, but they never succeeded.

 

I will help wherever I can. As I,ve said, give it a couple of days and then decide what you want to do.

R

 

Right then,

 

I thank you all for your kind words and support but....

 

I said earlier this is now very serious for me, as I really need to take heed of the words that DJ QC said to me in granting this appeal. If this goes wrong I may well end up with double the £8k + that this is already sat at.

 

I have to consider two points only from my SA to take forward into a appeal hearing as follows :

 

1) The question of the prescribed terms not appearing in the reply card which does not conform to s61. The judge asked Cabot Counsel for guidence in the case law to look for and Carey - HSBC was suggested, plus one other that I cannot remember Waksman possibly.

 

2) I have strongly put forward the case that Cabot are not just claiming the arrears but are in fact claiming the full balance as demanded only 10 days after the assignment from Barclays to Cabot. It is worth noting that the high powered barister for Cabot seemed a little muted on this point - it is my strong belief that they are weak in this argument. Of course they do have time to develop some answers now.

 

I need to possibly look into legal help as I feel this is now going to go beyond my capability and I will be out of my depth - it was very obvious that I was an LIP.

 

Judge said that I had raised some very technical arguments and in his opinion and experience these arguments would eventually be trodden down.

 

So if the site team are watching I will need guidance - my gut feeling is to go on but there are very strong reservations here.

 

It was nice to speak to someone who was prepared to listen to my reasons and arguments. It was also nice to see the high powered counsel for Cabot be shot down when he asked for surety of costs.

 

I think it was Rhia that asked about the experience - I would not say it was nice, as I was driving to the hearing I my legs felt like jelly but once I realised that the judge was prepared to listen that soon calmed me down and I got into the swing of it.

 

Beau

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Thanks again for all your offers of help. I am taking Robin's advice and giving it some thought for a couple of days.

 

VJ - this is a most generous offer perhaps you could PM me and see if there is any mileage in it (excuse the pun). as Hadituptohere has commented one hell of an offer indeed.

 

Robin - I have printed the Carey case already and when I have time I will have proper read and try to understand a little more with that case.

 

Cymruambyth - your case mirrors this, in as much as has you have the same reply card etc so I am sure you will be watching with interest and likewise Sirfussalot I believe - I will PM Shakespeare if I decide to go ahead, still got some thinking to do.

 

One thing that is looking to be sticking point is Case Law regarding collection of arrears - I know that gazhodge has won a case against Cabot on this only last month but that is in County Court - so helpfull but not binding. Any assistance in this area would be gratefully received.

 

Thanks again to all of you:)

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Just a quick thing to remember, going to court to collect arrears still amounts to enforcement through courts and as such still need a properly executed agreement.

R

 

Thanks again for all your offers of help. I am taking Robin's advice and giving it some thought for a couple of days.

 

VJ - this is a most generous offer perhaps you could PM me and see if there is any mileage in it (excuse the pun). as Hadituptohere has commented one hell of an offer indeed.

 

Robin - I have printed the Carey case already and when I have time I will have proper read and try to understand a little more with that case.

 

Cymruambyth - your case mirrors this, in as much as has you have the same reply card etc so I am sure you will be watching with interest and likewise Sirfussalot I believe - I will PM Shakespeare if I decide to go ahead, still got some thinking to do.

 

One thing that is looking to be sticking point is Case Law regarding collection of arrears - I know that gazhodge has won a case against Cabot on this only last month but that is in County Court - so helpfull but not binding. Any assistance in this area would be gratefully received.

 

Thanks again to all of you:)

 

Beau

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Beau

 

Bearing in mind that Cabot are - amongst other things - demanding arrears without a DN, and also that the agreement has not been terminated, the following is on the Consumer Direct website:

 

Statements

You can request a statement at any time, showing the amounts owing under the agreement. For credit cards and other running-account credit, the lender must also send you regular statements – usually monthly. From 1 October 2008 you will be entitled to an annual statement on all credit agreements. This must contain certain minimum information – Click link for information. http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/Postcontractinfo

Default notices

If the lender wants to enforce the agreement against you – for example because you have broken the terms of the agreement – he must send you a default notice. From 1 October 2008 this must include an OFT information sheet ["]http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/CCA2006/information/]] highlighting your key rights and responsibilities and where to go for help or advice.

Arrears notices

If you fall behind with payments by more than a certain amount, the lender will be required to send you an arrears notice from 1 October 2008. This must include an OFT information sheet ["]http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/CCA2006/information/]. A notice will also be required if the lender imposes a default sum – for example, because you are late with a payment.

If information is not provided

If the lender fails to provide information when he is required to under the law, he is not entitled to enforce the agreement, or to charge interest or default sums, until the correct notice has been sent. If in doubt, speak to a Consumer Direct adviser.

 

Alan

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Hi Beau

 

I came across this whilst looking for some info for my wife and whilst it dosent provide me the info im looking for it certainly made interesting reading.

 

I would just like to pass on my best wishes to you in your fight and praise you for your stubornnes in refusing to go away and continuing to tackle the problem, so often the general joe bloggs is shot down by these legal jargon bampots just in the same way bailiffs act, by making it sound like they know and they are right in exactly what they say.

 

Keep fighting and believing and you will get there i have no doubt!!!

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  • 5 months later...
  • 1 month later...

Morning,

 

What happened with this case? Iv'e read the whole thread expecting there to be a happy outcome and it just stops.

 

Would like to know as about to start a case for my mate re Cabots

 

You can view the thread here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?285138-My-Mate-vs-MBNA-AIC&p=3286699&highlight=#post3286699

 

Thanks

Scrapper Coco 8-)

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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