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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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It defeats me as to why the college continue to pursue this. Its my understanding that it can only end in grief for them Suggest they may need new counsel Of course it could be the college & the college alone which is the engine behind this & their lawyers are only following instruction their advice having been ignored Who knows:rolleyes:

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could we have a disposal hearing for theses guests?

 

like little annoying flys going round your head....

 

sorry not too well atm so cant get any smilies of flyswatting

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Hello everyone, I'm back. I see Annushka has filled you in on the essentials, but basically it was a pretty good hearing all in all.

We had a different Judge this time and a different barrister for the other side.

The Judge made it clear that he was allowing Fred's defence and counterclaim, both of which had been in limbo since August 6th. He didn't even discuss them, just allowed them with Lyons Davidson's barrister also in agreement.

The issue of the delay in proceedings asked for by Lyons Davidson was also allowed. Fred had already explained that he would not object to their application.Thanks to one of CAG's legal eagles for that and lots of other great advice. (You know who you are:D)

 

The application to put them to strict proof of the caution is going to a 2 hour hearing, as is the application to strike out their claim. The judge said this may not take place for a while because of having to find a spare 2 hour slot, so this does give the police more time to do their work.

 

I feel a lot better now that's over and am going to chill out tonight .

Thaks to all of you for the fantastic support and sorry there's no resolution in sight just yet.

Actually having a defence and counterclaim allowed feels wonderful though after so long getting nowhere.:D

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great news Pat and well done , and of course the thanks to the many that have helped

NEVER FORGET

 

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http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

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great news Pat and well done , and of course the thanks to the many that have helped

Thanks Kip, for all your help too and a big thankyou to everyone for keeping us going.:D

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It defeats me as to why the college continue to pursue this. Its my understanding that it can only end in grief for them Suggest they may need new counsel Of course it could be the college & the college alone which is the engine behind this & their lawyers are only following instruction their advice having been ignored Who knows:rolleyes:

 

 

I keep asking myself who's driving who too. I wonder if we'll ever know the answer to that one?

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Did you find out who the claimant is?

 

Sun Alliance or PCAD?

 

Did they explain the reason for the confusion?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Did you find out who the claimant is?

 

Sun Alliance or PCAD?

 

Did they explain the reason for the confusion?

No we haven't found out yet why they sometimes claim R&SA are the claimant when they're not mentioned as claimants by the court. Yesterday was such a short event that we didn't get the chance to ask about it.

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Patma.

 

Can you just remind us what the counterclaim of Fred comprised of. It's been such a long time, I'm pretty sure that many have forgotten. All I can remember is that it was originally ignored by the court back in June or July.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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What baffles me is, if the college called the Police and reported the suspected damaging as a crime, then where is the Police Log No?

 

The one they normally give you when reporting a crime against yourself, for insurance purposes etc. :confused: Did the college take the accusation so seriously that they promptly forgot?

 

It certainly sounds like the caution never, ever existed - for the caution AND log no to disapear sounds very odd.

 

And I am suprised that RSA have actually paid out the insurance money without a police log no.

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As I understand it, Caledfwlch, a log number is given when an alleged crime is reported and doesn't indicate whether a caution or indeed any charge has been brought.

In Fred's case there is no evidence on police record of a caution, so it either never existed or "disappeared" off the system.

One of the big problems for Lyons Davidson is that they knew there was no caution on record when they applied to the court to amend their statement of case to include a caution. The court allowed their application without question and it wasn't until some weeks later that Fred found out that there was no caution on record, when Lyons Davidson submitted their first trial bundle and very helpfully provided the evidence, in the form of letters from Devon and Cornwall Police, informing Lyons Davidson in 2008 that no trace of any caution could be found.

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I though so Patma, I was just wondering, because, if they have not even got a log no for insurance purposes, how do they prove Fred was even arrested?

 

Obviously the caution does not appear anywhere because it never even existed, it seems strange there is no log either, unless they get deleted after a certain amount of time.

 

Is there time before the next case to SAR the police (or have you already done it?) I should think a SAR that shows no caution information would also be convincing to a judge.

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I though so Patma, I was just wondering, because, if they have not even got a log no for insurance purposes, how do they prove Fred was even arrested?

 

Obviously the caution does not appear anywhere because it never even existed, it seems strange there is no log either, unless they get deleted after a certain amount of time.

 

Is there time before the next case to SAR the police (or have you already done it?) I should think a SAR that shows no caution information would also be convincing to a judge.

Good idea, Caledfwlch. We haven't done an SAR yet.

They did have a crime reference number which they gave to their insurers at the time and that was presumably why the insurance company paid out.

The police have already said that even if there was a caution on record, they would now be satisfied that it should be expunged.

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An order has now arrived from the court following the applications hearing last week.

This is what it says:-

Upon hearing counsel for the claimant and the defendant in person, it is ordered by consent, that

1a) The hearing listed for 17th November 2009, be vacated.

1b) The defendant is permitted to rely on the amended defence and counterclaim filed on 6th August 2009.

2) The defendant's application relating to striking out and the police caution to be listed on the first open date, after 6 weeks, namely on 9th February 2010 at 11am.

So there we are, another delay.:)

Edited by Patma
typo
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...The defendant's application relating to striking out and the police caution to be listed on the first open date, after 6 weeks, namely on 9th February 2010 at 11am.

So there we are, another delay.:)

 

Ah well, enjoy Christmas...:-)

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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