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    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
    • to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation.    Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.   1. Sales receipt (Issued by me to buyer) 2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car. 3. Letters to CEO and their responses 4. SAR 5. Cover Note.    it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history.    thanks B-Bunch
    • Reading BN's man Richard North this morning, he's unimpressed with the new FTA with Japan.   https://www.turbulenttimes.co.uk/news/brexit/brexit-a-deal-we-can-do-without/
    • Read up on European Enforcement Orders and whether these can still be used in Brexit transition.   As you have come to realise buying online with a co.uk company can be risky, if they are foreign, with only a care of registered address in the UK.    
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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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connaught collections/1st credit/rbs debt 2 * SD's!! alerady


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hi there everyone.

i have been paying connaught now for nearly 2 years for a debt from 1st credit/ royal bank of scotland.

 

i have adhered to payment plan and paid via a payment booklet at Barclays

 

.i have in this time received letters evry other month saying account is in arrears

when i have actually paid the sum due monthly.

 

this i have always ignored as i have proof of payment every time!!

 

however i have now received by second class post a statutory demand

saying my payment plan has been not adhered to and have to respond within 18 days (due next week)

 

i have seen various threads on here that seem differing.

 

can anyone advis me on this matter as to whether i should respind to connnaught?

 

if so what should i say.i have my own house that is mortgaged and a secured loan on it too.

 

the house is also shared ownership i.e 50% mortgage and 50% rent.

i have other debts as usual with anyone that are being paid regularly.

all advise would be appreciated

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1st Credit/Connaught are just despicable...there you are paying off via a plan, and despite keeping up with payments they send you a stat demand...this is wholly unreasonable....

 

Firstly send them a request for your Consumer Credit Agreement....(if this is a credit card or a loan).....do this by recorded delivery and enclose a £1 postal order

 

Send them letter 'N' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Next you need to get the statutory demand set aside at your local court within 18 days of you receiving the demand

 

Keep the envelope that they sent you the demand in as delivering a stat demand by 2nd class is an abuse of process !!!

 

You now need to dispite the whole debt (despite you having made payments under duress from them)...

 

Have a read here....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

You could defend this due to the non production of your Consumer Credit Agreement.

 

The fact that the statutory demand has been delivered second class.

 

You could also say that the debt is disputed due to non production of a notice of assignment, a lack of a default notice and the fact that the debt could be made up of entirely excessive charges....

 

When you go to your local court you should also claim your costs too for the time you have spent researching the Insolvency law, your fuel costs and time off work....!!

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You need to download forms 6.4 and 6.5 from here:

 

England and Wales Forms

 

Take them to your nearest county court, check that they deal with bankruptcy first as not all do. You can swear the affi. at the court free and the staff should be helpful and guide you through the process.

 

With the CCA request letter, use a £1 postal order for the fee, DO NOT SIGN IT, print your name, keep a copy of your letter with a copy of the PO serial number (to check if they cash it) and your postal receipt, send recorded delivery.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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thanks for the information.

 

unfortunately i do not have the envelope in question but know that it was received five days from date of postal/service.

 

i originally rang them when i got a demand saying they were going to do the same procedure

nearly two years ago!!i

 

wrote to them with an income expenditure plan and agreed my repayments.

 

this took nearly 5 weeks fo them to agree.

 

they served the SD by hand whilst i was on holiday that time.

it was a loose document and no envelope.

do you think they are chancing their arm again??

 

i will send CCA as i much more genned up after reading on here about cases of a similar nature.

 

to date i have no evidence of what the debt is for despite paying it off!!!!

do i still need to ado the court thing?

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Did they push the older SD through your letter box without an envelope or hand it to someone else?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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the old one was pushed through letterbox

and was on my doormat when returning from holiday nearly two years ago.

 

the latest was posted and received approx 5 days later.

 

as i am a postman that means 2nd class to me.

 

it was in a large envelope with a business service mail franking that i do remember.

 

5 days is second class in my business.

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Acknowledge nothing to connaught.

 

They breached OFT guidlines SERIOUSLY when serving the other SD:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

Request their formal complaints procedure and make a complaint. I know it's a long time, but you have only just been made aware of the serious nature of the breach and your rights. It may well pull them off you too ;)

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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ok so i just send the cca to them?do i also ask in a letter for their formal complaints procedure at this time when i send the cca letter.?

I have found the two letters for court on here do i still need to send these?

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You request thier complaints procedure in a separate letter, remember don't sign anything ;)

 

You have to go to the county court in person with the SD set aside forms.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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thanks again.i am sending the cca tomorrow recorded delivery.i will send another letter asking for complaints procedure separately.

once agin i want to confirm that i do not need to respnd to the chap who sent the sd and has said that i must reply to them within 21 days to acknowledge receipt of this?

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You deal with the court for the SD set aside you don't have to confirm anything with connaught at all. The court will notify them you're applying to get it set aside etc...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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How can the issue a SD when you are in a payment plan.

 

You want to demand in your set aside that they are brought to Court and anserable to these threaterning SD.

HAK

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