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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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Nothing at the moment Mr Shed. We're still waiting to hear the results of the last applications and in fact are going to drop into the court tomorrow to see if we can find out why the delay.

The police too are being slow and at the end of last week we sent them quite a stiff letter to let them know we won't wait indefinitely and reminding them we can always lodge a complaint with the IPCC.

Lyons Davidson are maintaining their silence too.

The corking letters I hinted about though have been completed and will be posted tomorrow. As soon as I know they've been safely delivered I'll spill the beans.:)

 

So, Patma,

 

Have the 'corking' letters arrived at their destinations yet and can you tell us about their contents?

 

This thread has me on the edge of my seat and, as I have said before, I am on holiday the day before this is all due to come to court so I am going to have to log in while I am away to find out what happens!!

 

Feebee_71 :)

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I am on holiday the day before this is all due to come to court so I am going to have to log in while I am away to find out what happens!!

 

quote]

 

Set the DVD recorder! :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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FG,

 

I get the feeling that the news of this may even make it out as far as the Canary Islands where I will be at the time - though I will be using this site for the accurate reporting!!

 

Feebee_71

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Hi everyone well.

I know that at least one of the "corking letters" has arrived at it's destination, which was none other than the Principal of Plymouth College of Art herself.

With the situation that Lyons Davidson have ceased answering correspondence and the problem of false statements made on behalf of Plymouth College of Art, it was the bright idea of our very own TLD that the time had come to communicate directly with the Principal.

We don't know how much she would have ben informed of the proceedings so far, but I can assure you she will know a whole lot more now.

It can't have been comfortable reading for her either.

 

The letter itself is pretty long and every matter raised is backed up with evidence which is enclosed for her perusal.

I could imagine coffee cups flying out of windows yesterday morning when the post was opened :eek::D:eek:

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An update!!:D

 

Withdrawal symptoms abated!

 

All hail the informative one!!

 

Your greeting is gratefully received, middenmess.

Your enthusiasm has really cheered me up, thankyou.:D:D

 

I must admit that all this waiting is getting to me too, but hey it can't go on forever can it??:shock:

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There will be quite a few very worried naughty boys waiting outside the principal's office tomorrow...:D

 

I do sincerely hope so.:D

It couldn't happen to a better bunch.:D

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Unless the Proncipal is up to her neck in this as well...

That's a possibility we've thought of too, Noomill. Hopefully the person we sent a copy of the letter to won't be.;)

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As everyone will have realised by now the Police are dragging their feet, after having been very helpful to start with.

Last week we sent them a stiff letter informing them that Fred won't wait forever before escalating his complaint to the IPCC among other optons.

Unfortunately to date they haven't responded, so we will begin the process of complaining to the IPCC early next week.

Instead of doing it directly we're considering asking Fred's MP to submit the complaint.

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Good.

 

They've had long enough.

 

But who is to say your MP wont drag their feet as well? They are having their own little difficulties as well, at the mo. ;)

That's very true. LOL

The approaching election may just bring out a helpful streak in even the most smug politician though.;)

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I've just heard from Fred that he's received 2 letters this morning.

One is an order from the court, dated 15th October, in response to his 2 applications of 1st October, and the second one is a letter from Lyons Davidson, also dated 15th October,written in response to this same court order. Their letter is posted second class and franked 15th.

This therefore means that they either received their copy of the order before Fred did or they already knew about it some other way.

 

The order reads as follows:-

"Upon considering two applications from the defendant, it is ordered that both applications be dealt with by the District Judge as a paper exercise.

The claimant is to respond with any representations by 4pm on 2nd November 2009"

 

One of the applications referred to was worded as follows:-

I intend to ask the court for an order to put the claimant to strict proof of the existence of a Police caution on which they wish to rely in court and which the court allowed to be introduced.

If the claimant is unable to produce a true copy from Police records of the existence of a caution within 14 days, of being so ordered, then all reference to a caution be removed from their statement of case. If the claimant is unable to provide strict proof that the defendant was cautioned by the Police, I further intend to to ask the court to order the claimant to pay all additional costs which the defendant has incurred as a result of an unproven caution being introduced by the claimant as a result of the applications which the defence has submited to address the introduction of a caution.

-----------------------------------------------------------------------

The second one was worded as follows:-

 

I intend to ask the court to strike out the claimant's response and defence to my Part 20 claim dated 9th September 2009, as the claimant has failed again to file a detailed defence to any and all the allegations set out in my Part 20 claim. I apply to the court to order the claimant to FILE A DETAILED DEFENCE to all the allegations set out in my fully particularised Part 20 claim.

 

1) I rely upon the whole of the CPR 16.5 as the rules pertaining to the content of a defence.

2) The defendant has supplied the claimant with two copies of his fully particularised Part 20 claim by first class post on 14.8.09 and 24.9.09. I also sent an attached copy to the court with my application of 7.8.09 for which we have an itemised receipt. The court was therefore obliged to serve my application with fully particularised part 20 claim attached, upon the claimant, together with the subsequent court order.

3) The defendant was ordered by District Judge ..... to file a detailed defence to the claimant's POC in April 2009, otherwise it was ordered that judgement would be ordered against him. We rely upon the principle of "Equality of Arms" and as such I respectfully expect the claimant to be finally ordered to file a detailed defence otherwise judgment be entered against them.

4) The defence avers that the claimant is attempting to continue avoiding the issue of filing a detailed defence by consistently relying upon the false excuse they have not received the fully particularised Part 20 claim.

----------------------------------------------------------------------------------------------------------------------------

This is what the gem of a letter from Lyons Davidson says :rolleyes::rolleyes:.......

 

"We refer to the Court order dated 15th October . We are prepared to request a transcript of the Directions Hearing in which you admit you received a caution for causing criminal damage to the claimant's barrier, on the basis that you are prepared to incur half the cost of that document.

Please confirm that you are prepared to pay your contribution towards the cost of the transcript and we will contact the court in order to obtain it."

 

It is signed by undecipherable squiggle.

----------------------------------------------------------------------------------------------------------------------------Unfortunately this latest order will not be decided until after the date by which we will have to send in our court bundle for the hearing.

 

A third application is still awaiting a response and that one is to ask the court to accept Fred's amended defence which he submitted immediately in response to the claimant's amended POC. As things stand currently, the amended defence application isn't due to be decided till the Applications Hearing of 17th November, which takes place immediately before the final hearing:eek:

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This is what the gem of a letter from Lyons Davidson says :rolleyes::rolleyes:..... ..

 

"We refer to the Court order dated 15th October . We are prepared to request a transcript of the Directions Hearing in which you admit you received a caution for causing criminal damage to the claimant's barrier, on the basis that you are prepared to incur half the cost of that document.

Please confirm that you are prepared to pay your contribution towards the cost of the transcript and we will contact the court in order to obtain it."

 

If I hadn't been following this thread I'd say you were making this up!!!!

 

But it just follows on from everything else that they do.

 

They really are muppets!:D

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They really are amateurs.

 

Let me get this right. They want Fred to pay half so they can prove him wrong.(but he never admitted it anyway)

But if Fred refuses to pay half they are not going to bother.

 

This is why office juniors dont make very good Lawyers.

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This is what the gem of a letter from Lyons Davidson says :rolleyes::rolleyes:..... ..

 

"We refer to the Court order dated 15th October . We are prepared to request a transcript of the Directions Hearing in which you admit you received a caution for causing criminal damage to the claimant's barrier, on the basis that you are prepared to incur half the cost of that document.

Please confirm that you are prepared to pay your contribution towards the cost of the transcript and we will contact the court in order to obtain it."

 

If I hadn't been following this thread I'd say you were making this up!!!!

 

But it just follows on from everything else that they do.

 

They really are muppets!:D

And I wouldn't blame you for thinking I was making it up, middenmess. When Fred was reading it out to me over the phone, I couldn't stop laughing.:D

Just to prove it's genuine,as soon as I get my hands on the the letter, I'll post it for any sceptics out there.;)

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They really are amateurs.

 

Let me get this right. They want Fred to pay half so they can prove him wrong.(but he never admitted it anyway)

But if Fred refuses to pay half they are not going to bother.

 

This is why office juniors dont make very good Lawyers.

 

Errr yes:lol::lol:

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And I wouldn't blame you for thinking I was making it up, middenmess. When Fred was reading it out to me over the phone, I couldn't stop laughing.:D

Just to prove it's genuine,as soon as I get my hands on the the letter, I'll post it for any sceptics out there.;)

 

Surely under CPR the claimants are required to provide and pay for any and all documents they are relying on as "proof"?

[sIGPIC][/sIGPIC]

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Please confirm that you are prepared to pay your contribution towards the cost of the transcript and we will contact the court in order to obtain it."

 

Scraping the barrel springs to mind.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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now they are trying to say FRED said he had a Caution ,

 

so what they are trying to say FRED must have had a caution because we think we heard him say he had one, where infact they were the first to state Fred had been Cautioned and had that in their original documents, oh dear oh dear, what a febble attempt to cover their screw up,

 

once again trying to twist the facts,

 

Its up to them to prove their claim "Fred was CAUTIONED for CRIMINAL DAMAGE"

 

they want the details from the Court then they have to pay, all FRED has to do is present that letter as further evidence in that they are once again trying to move the goal posts,

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

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