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    • Oh dear, Guardianistas in full flow again Posturing is a necessary part of the negotiations  Obviously some form of deal will be cobbled together to save face on both sides At least no government of any colour will touch this subject again for decades to come, if ever  
    • And can you re upload a copy of the email invoice from Dongara that you posted on page 3......for some reason DX has removed it and edited my previous post referring to it. ???  
    • For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 7th October 2020   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 15th October 2020   [scan up BOTHSIDES as ONE PDF- follow the upload guide]   3 Date received 19th October 2020   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A   7 Who is the parking company? ES Parking Enforcement Ltd    8. Where exactly [carpark name and town] Multi-Storey Car Park, Union Street, Accrington, BB5 1PL   For either option, does it say which appeals body they operate under. ESPEL.ZATAPPEAL.COM.   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here "Reason of lssue: Exceeded maximum allocated or pre-paid time"   Thank you dx100uk, I will upload the PDF once I figure out how to block out identifying information.
    • Does this letter contain balances and dates  ? If so please redact and upload   Ginni if you could check the balances outstanding from the initial statements (the last one  you uploaded) the LBC to the Deed of Assignment to the claim form...just check that the figures all correspond ....in particular the amount on the Deed, check it to the amount claimed.   Im thinking that Deed may of been recreated since issuance of the claim form. Given that the Deed is dated 21st Aug...why did Dongara email their statement .   Andy
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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.
       
        • Thanks
      • 3 replies
    • 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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Helllppp - Honours Student Loans


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Hi,

 

Just to let you know the Judge said the agreements were unenforceable because they were not signed by both parties :) However, he has stayed the case and reccommended mediation which he has said the other party must pay for if they want to pursue. If mediation fails the other party have to put together a proper POC with all original documents attached (which even the judge knows they haven't got). He said theirs was one of the worst put together cases he had ever seen and would take a full day in court to go through. He also said that the T & C's were not the ones that came with the original document and were made up! He had said his first thought was to strike out but that money is owed just no evidence of who the debtor is ie no notice of assignment so sent to mediation.

We recieved an invoice this a.m from the claimants solicitor and my hubby put this before the Judge who immediately said all costs from the claimant struck out then turned to my husband and asked had he lost any pay (which he had) so he awarded him lost pay :)

 

Thanks for everybodies help,

Edited by xray2
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Hi,

 

Well today we had our day in court and I think it all went reasonably well. The Judge said he had never seen such a badly put together claim. He said the T & C's were made up and not the originals and agreed the CCA was illegible indeed the only legible bit was the bit that says agreement not legal unless signed by the SLC which it was not so not enforceable! Also they have no NOA or DOA.

However, the judge said he believed this money was owed and was public money which slightly ranckles me given that he probably did his degree for nothing financed by my parents et al tax money! Anyway he has said he wants it sent for mediation and has stayed for 2 months. At the end of the 2 months if no agreement if the claimant wants to pursue they have to put together a proper POC with all original documents attached which even the judge knows they haven't got.

 

This a.m we recieved an invoice in the post from the claimants solicitors for almost £2000 my husband mentioned this to the Judge who was not impressed at all. He immediately struck out all costs from the claimant turned to hubby and asked if he had had time off work which he had and which he doesnt get paid for and ordered that the claimant pay hubbys lost wages! He also said mediation is expensive therefore the claimant must also pay for this! I wonder if we will hear anymore from the claimant?

 

The judge said what a very well put together case my hubby had so huge thanks to everybody especially Steve and Caro :p As soon as we get the costs awarded we will be making a donation to CAG (wish we could donate it all but he really did loose wages).

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Sounds like you had a really decent judge there. Great news!

 

I hope the mediation achieves something.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I am wondering if they will even bother with mediation and drop their claim all together since the Judge has said they have to pay their own costs, our costs and mediation costs they will end up paying out more than their original claim and if mediation fails they cannot prove they bought any debt with my OH's name on it nor can they come up with a legally enforceable agreement. Will shall see - will keep you all informed :)

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It sounds like a serious win- make sure that the judge gets them to agree not to pass the debt on further, rather than they pass it on to another bunch of numpties so you have to go through all this again in six or twelve months!

Edited by emmaf01
spelling

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I agree with xray2. (Particularly if it is who I think it is). They wing this stuff into courts time and time again and in the past no-one has bothered turning up as until CAG no-one knew their rights. Now they are being challenged all over the place (DCAs in general) and in your case they will now have to make a decision and I too think they will discontinue. They could have tried mediating from the start. Eeejits.

It won't stop them winging it with someone else mind you as for every one they win I suspect they still get away with a whole lot more.

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That is the sad problem with all of the DCAs and all their "debts" though isn't it? For all the people who challenge them, asking for CCAs and to prove the debt, there are so many more who just pay them.

 

It makes me sick.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Just goes to show that there are bad judges and good ones !!! v pleased for you X-ray.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Hi,

 

This Judge said he had just spent 15 years specialising as a Corporate Law judge so he knew his stuff I think :) I didn't go in with my OH and the numpties sent a local solicitor who looked about 10 years old and didn't seem very up on proceedings.

The Judge has left OH to appoint a Mediation company told him who to avoid explained the cheaper one's whilst good would not be able to deal with the complexeties of our case - so numpties get to pay large costs ;) The only sticking point for us is if mediation goes ahead how can we mediate with zero evidence these people even own any debt with my OH name on?? We have had no NOA, loan agreements are unenforceable and no DN?

 

Do we get written notification of what happened in court btw? As my OH left the court the solicitor for claimant went up to him and started trying to nobble him should we report this to the Judge or let sleeping dogs lie for now?

 

Thanks all :)

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They all try nobbling. It's just a very desperate attempt to get you to give in or possibly in this case agree without the mediation. This poor kid will have to report back to his "masters" with a very poor result. He will have been given the case a few hours before the hearing. Tough luck matey boy.

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Sounds like it wasn't too bad, and the Judge was basically on your side. Is the mediation with the DCA though, because if there's no valid agreement I don't see why you should need to go to mediation. Would your husband still be exempt from paying if it was with the student loans people due to income etc?

 

BTW I've merged your 2 threads to keep the whole of your case together.

Edited by caro

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Nobbling how?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Caro,

 

The mediation is with the DCA and I must admit I am confused as to why my hubby should go. The judge even mentioned something about the loans going back to SLC but even if they do they will be subject to the Limitations Act. And to go back to SLC (assuming of course the SLC ever sold them in the first place and there is no evidence they did) would mean the SLC would have to buy them back! Then there is the matter that even the judge said the loan agreements submitted to the court were not enforceable. I can't see how mediation can work on this because as far as I can see without proof or enforceable loan agreements we have nothing to mediate on?

 

My OH would get a deferment under the SLC terms. However, in the past the SLC have denied them based on the fact that he has refused to submit what I earnt (at that time I was a student myself on loans!) and they made him give a full break down of what we had coming in and out and said they were also denying deferment based on the fact we were not making reduced payments to other creditors. (We still have that letter). If only we knew then what we know now ... suffice to say no further payments made and that was years ago. The next we know we have this firm taking us to court saying they own loans!

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God, that solicitor was a chancer- I would report that to the court as misrepresentation.

 

The only thing that pains me about considering going back to university is having to deal with SLC again. Plus I still have arrears so they won't give me a loan until I clear them off!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Since I last posted my OH has recieved two letters from HSL, one a statement of account to which legal costs have been added despite the fact the judge said they were awarded NONE! The second is pretty intimidating and a gross misrepresntation of the facts. They are claiming the judge ordered my OH answer their statement of case - A LIE, they are also saying my PH admitted the debt - A LIE, and they are asking for their money!!!! How are we supposed to enter medition with tricksters like this? Can we go back to the judge with this even though the case is stayed for 2 months?

 

To be honest we never understood how mediation was going to work when even the judge said there was no legally enforceable agreement (and he said he felt what they had supplied was copied from something else - isn't that fraud??!!), or a notice of assignment. So given all that it was going to be difficult but the latest correspondence is just a gross misrepsentation and intimidating ie if you don't pay up this could cost you blah blah.

 

Another point OH was awarded small costs which we have yet to recieve, how do we go about that - small claims them :p

 

Any help gratefully recieved :)

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Copy the letter to the court with the explanation you just gave us

Steven

 

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My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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  • 2 months later...

well peeps the saga continues! Still no mediation but they have applied for and successfully gained more time from the Court. They are also now saying that SLC have found signed original agreements. You can see these are recently signed even from the copies we have and one is dated the day after my hubby has dated his which would have been impossible as the university used to send off these agreements as job lots by post. We have requested these agreements be scienitifcally tested at our expense (unless any anomolies are discovered) and they have refused our request.

 

They have admitted they do not have a notice of assignment but have said they can provide a letter from the SLC that states they sold the loan but this is surely not good enough in law is it?

 

A further point is that they do not have copies of defaults, they said it is not usual custom for finance companies to keep copies - I thought this was a legal requirement? Furthermore, there have been 3 default's issued can they do this?

 

If anyone can help would be very grateful,

 

Thanks in advance

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  • 3 months later...

Hi all. just signing in to give an update of this long running matter. Things have moved on somewhat since the last post. It's normally my partner who posts hear, so I'm taking my turn, please excuse a novice! We had a hearing in October. judge said honours case was a disgrace for several reasons i.e.

  • providing reams of documents the day before the hearing that they then wanted to rely on .
  • sending me a bill for solicitors fees of £2000.00 the day before the hearing (small claims case).
  • not providing original documents.
  • not complying with SARs

Judge said their behaviour was intimidatory.

He stayed case for 2 months for mediation, followed by a further month to allow honours to "get their house in order" and file full particulars of claim. He also noted that they have been put to strict proof.

Honours then applied for and were granted an additional stay up until end of December.

 

Mediation was a farce, allowing no comment on legal matters or financial matters other than the full amount owed!

 

A preliminary hearing has been set for next week.

 

Today (9 days before preliminary hearing) I have recieved from honours a particulars of claim which is far short of that required by original judge (more copies and templates of documents)

 

I think I should write quickly to the court informing them of all this and asking for case to be put aside. Any comments would be greatly appreciated.

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May I ask what the particulars of the claim are ? have they not complied with the judges orders on the supply of paperwork ? I would request a strike out.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Sounds like they were lucky the case wasn't struck out first time round.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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