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    • Thank you Bankfodder.  I used the term frustrated agreement purely based on my own research and what I found on the Govt's website, especially in relation to Covid.  My situation appeared to fit but if it doesn't, it doesn't. The length of time the actual works themselves will take is not written into the agreement but I was told 2 weeks, they are doing the interior ceiling and electrics too. I was prepared to accept the new date of 7th Dec until I was told I couldn't speak to their Director for two weeks and then found out that they haven't applied for building regulations yet, this is something else they are doing on my behalf.  As they can't order anything until they have the regs through I can't see how the roof is in the process of being made (which is what they keep claiming). I contacted the CAB as I wanted this wrapped up for the weekend and had two conflicting recommendations on this forum.  One to just let the credit card company handle things and others saying I must give more time.  I'm not complaining, am grateful for advice - just getting more and more confused as to what I can/can't do. If I can avoid it at all I would rather not go through another 6 weeks of this, waiting for them to prove that they can't manage the Dec.date.  By that stage it could well be feasible that the roof is in the manufacturing stage, where as at the moment it can't be, which would further complicate things. Based on all this and what the CAB said I sent the email below last night and received Homeview's response this morning. If it came to it that I retracted what I've said and allowed them to go ahead for 7th Dec. and they didn't manage that date, wouldn't it be the credit card company that would recover the deposit - not me?  BTW I raised a dispute with Capital One last night. Email.pdf
    • oh dear  i think you are in for a big shock   i doubt very much the loan is settled there will be £100's in unlawful fees i bet   we have numerous threads here about them in 2016 they were residing at   PO Box 1044 ipswich IP1 9YA   i would be sending them an SAR  don't ever ring them.   have you checked your deeds online recently? check they are on there. and has the loan ever been subject to legal action?   if not that would be a rare thing to us.   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Skye Loans&oq=Skye Loans&gs_l=partner-generic.12...0.0.1.951169.0.0.0.0.0.0.0.0..0.0.csems%2Cnrl%3D13...0.0....34.partner-generic..1.0.0.1dXrS2w9t2c    
    • doesn't say will anything. read it properly and carefully.   only the owner of a debt can get one of the many fake/tame paperwork only solicitors to issue any proceedings and they would have to abide by the courts pre action protocol of 30  days letter first!   as it's owner...i can try and instruct my dog to sit, if it does is a totally different matter. if my neighbour, who doesn't own my dog, tries it, it would ignore them.   the bottom line is there is nothing anyone can do to you. gyms don't do court gym debts don't appear on credit files.   any DCA they might get to write to you ARE NOT BAILIFFS any a DCA has ZERO legal powers on any debt, no matter what it's type.   dx    
    • This letter arrived in the post today, please advise how to proceed. I know the forums say they won't action but am very worried about this
    • go save his bacon clint and put him right...   dx  
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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.
       
      • 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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They haven't been listed as claimants. Is it possible for someone to be a hidden claimant? Surley not.:eek:

It might be worth asking Royal and Sun Alliance if they are joint claimants. If they're not, then I don't see how the £968.60 can be included in the claim (even if the repair/replacement cost as much as Plymouth College of Art say) because Plymouth College of Art have already been paid it by Royal and Sun Alliance

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They have to stand by their statements of truth signed by them, they sent them to the court, if they have lied, then the rest is a lie, Lord Woolf

Let Lyons Davidson put that in their pipe and smoke it.:D

Edited by Patma
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It might be worth asking R&SA if they are joint claimants. If they're not, then I don't see how the £968.60 can be included in the claim (even if the repair/replacement cost as much as PCAD say) because PCAD have already been paid it by R&SA
I fail to see how they can claim for the policy excess and the cost of the claim.

 

How much money was paid by the college, and to whom.

 

How much money was paid by the insurers, and to whom.

 

If the college was required to pay an £2,500 excess, that would cover the cost of the repair in its entirety, surely. It's a case of paying the greater of the two amounts, not both of them.

 

(I realise that this has probably already been asked, so my apoligies in advance).

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The above is just to show that Lyons Davidson are anwerable to a higher authority and that higher authority will now be receiving an update , detailing the new false claims made with a statement of truth.....oops:D

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Where there's a 3rd party involved (Fred) the excess is claimed by the insurer on behalf of the insured

That would seem to be the case in the normal world.

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What a fascinating thread. However, it would appear that maybe you have cornered a couple of wild animals and given them no option but to fight to the death. OK so you rightly want the police caution quashed but what other outcomes do you see. The sacking on the College principle, the striking off of their solicitors etc.

I do sincerely hope you guys win but I do think that by progressing things to court that the College may have a trick or two up their sleeves.

Just out of interest have you offered to settle out of court?

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I too am struck by the desperation of the en forces here. I wonder if, at the end, it will transpire that someone reached a point of no return and decided that the risk of continuing was less than the risk of giving up.

 

Solicitors are like prostitutes - they will do whatever their client wants as long as the money is there - but I suspect that someone at PCAD is very, very worried.

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"Solicitors are like prostitutes - they will do whatever their client wants as long as the money is there"

 

And no doubt there could be some debate on which gives the better value for money. I suppose if prostitution were to be legalised it would be interesting to hear some of the claims under SOGA.

 

Maybe a thread for another occasion.

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WOW, I'm sunned.

 

Pulls up a seat and opens the popcorn.

 

I can't wait to see what TLD has planned now :D

TLD is incommunicado just now. If I were Plymouth College of Art and Lyons Davidson that would get me VERY WORRIED:eek::D

He's more dangerous when he's quiet:eek:

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Patma,

 

With the current situation, you may want to start keeping everything behind the sceens.

 

Looks like Lyons are keeping a sharp eye here.

 

Jogs

Wise words, thanks Havinastella. In fact there's more going on behind the scenes at the moment than can be revealed openly just now, but all will be revealed as soon as it's safe to do so. That's a CAG promise:D

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As I understand it, royboy, it was supposed to be the security person, but I'll have to check that with Fred to be sure.

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TLD is incommunicado just now. If I were PCAD and Lyons Davidson that would get me VERY WORRIED:eek::D

He's more dangerous when he's quiet:eek:

 

Yeah sorry TLD had a very unexpected visit from some old friends so has been 'entertaining' with one eye on the screen for updates. I'm sure he'll have some words of confort for Fred in the morning.

 

That is if he can stop laughing long enough to sit down and type them out.

 

I'm sorry but this has got 'DESPERATION' writ all over in capital letters.

 

There are some very fundamental errors in their clever strategy which I shall bring to the attention of Patma in the morning.

 

Suffice to say the allegations of 'extortion' which are being dealt with by one of the highest ranking Police Officers in the Devon and Cornwall district have effectively been substantiated with this latest attempt.

 

They have repeated certain errors this time the possible benefit of being able to plead such claims were made 'unknowingly' cannoy be pleaded, and they've opened themselves up to a whole new line of defence or more accurately attack from Fred.

 

Whoever is responsible for this little brainwave........ well I can't possibly say what I think on a Public forum but I think many of you got there before me.

 

Geoff 1248 You ask if Fred has considered making an offer to settle out of court.

 

I'm sorry but Fred would have to be mad in the head not to want this to run its course now, he can get far more out the claimant by permitting them to continue their claim.

Why should Fred offer to settle when he has done nothing wrong and can prove so many of the allegations against him are unfounded or simply vexatious? Fred did however jvery recently offer the claimant the opportunity to withdraw gracefully, they rebuked the offer without so much as a 'no thank you'.

 

I note the claimant would like to go against the formal agreement struck between the court and both parties and introduce the caution as proof of liability.

Imagine how embarrassing it might be if having based their case upon this caution they subsequently reach Court and find no such caution exists?8)

 

Fred has particularly good grounds for the caution to be expunged, introducing it to the civil claim constitutes sufficient grounds to stay proceedings pending a Police investigation.

The initial grounds for expunging surrounded one breach of procedure, Fred has subsequently discovered a further three breaches and we have provided case law direct from the DPP that just one breach of this type is sufficient for a caution to be expunged.

 

I can see Fred making an application to the Court himself before the week is out. :wink:

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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"this is better than watching csi" well best of look caggers and a huge bag of all good things to patma and fred, i really hope you kick some a"""ss

 

cab

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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"Geoff 1248 You ask if Fred has considered making an offer to settle out of court.

 

I'm sorry but Fred would have to be mad in the head not to want this to run its course now, he can get far more out the claimant by permitting them to continue their claim.

Why should Fred offer to settle when he has done nothing wrong and can prove so many of the allegations against him are unfounded or simply vexatious? Fred did however jvery recently offer the claimant the opportunity to withdraw gracefully, they rebuked the offer without so much as a 'no thank you'."

 

So Fred did make some sort of offer to try and bring this to a conclusion. What I cannot get my head around is just what is spurring the College on to continue with this. Each day more evidence is coming out which, as a layman, would indicate that they are going to get slaughtered once this gets to court. Surely they must realise the consequence if they lose.

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What I cannot get my head around is just what is spurring the College on to continue with this. Each day more evidence is coming out which, as a layman, would indicate that they are going to get slaughtered once this gets to court. Surely they must realise the consequence if they lose.

 

Arrogance! Look through other threads where legal action has been taken (especially the banks because they are probably the worst for it) The opinion is 'we're a big company/organisation with insurers and solicitors, you're one person.. on your own... without the know-how or experience to stand against us... If you dont do as we say we will bully and threaten you until you do and no one will do or say anything to stop us because .... well because we are who we are'

 

Until CAG... and all of a sudden Joe Bloggs on the street is being empowered with information and support that gives him the know-how and experience of others in his position. With people like TLD and JC who have the legal knowledge so that all of a sudden we are able to comfortably enter the litigation arena without feeling intimidated. The banks are starting to catch on (look how quickly some of them back off now as soon as you ask for a CCA) but the news doesnt seem to have reached this college yet.

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Knowledge is power.

 

Having read this thread, I am still not clear what the £2,500 excess claim is all about.

 

I insure my car with £250 excess.This means that I have to pay the first £250 of any claim.

 

The college alledge the repair bill is £968, so would have to pay this themselves as it is a great deal less than £2,500. So why is someone claiming £2,500 as well as the repair costs. Was this money paid out to someone, and if so why?

 

If the £2,500 is not an excess, but a loss of a type of no claims bonus, the college would have a duty to keep costs down, i.e pay the £968 out of their own pocket and pursue Fred for this sum.

 

Good luck to Fred. CAG is fast becoming a major player in consumer rights.

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