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    • Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.   I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.   So with the application N244 completed as above for £7700 plus costs and interest I will attache my daughters letter as detailed under Sec 19 (2.1) Defendants letter giving no objections    I will send this by email tonight after I have finished work
    • It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos. Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose
    • @BankFodderthank you again for your reply, I really appreciate it.   I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them.    I have been sent my guitar back from the buyer and he has been refunded in full.    I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged.    Oh yes, huge lessons and I won't be putting anything of such value in the post again! 
    • Seeing as most here  hate Johnson and the Tories who do you suggest we have running the country?   I am not a fan of Johnson but nor do I like the Labour party lol,    just a general question   Sandy xx
    • Well now you know a bit better – you sell things on eBay then make it clear to your recipient that if the parcel arrives damage they should take lots of photographs before they open it and while they are opening it. Where's the guitar now? Do you have photographs of it now? Does the machine give you an opportunity to view their prohibited items list? Maybe you should go back and doublecheck. Maybe you should also go back to the machine and go through the process and see at what point it invites you to say what the item is. Either way, it could be helpful. If the machine doesn't invite you to describe the item then obviously you had no opportunity to do so. If the machine does invite you to describe the item – then clearly they knew about it and they took it anyway. As you are finding out, most of the cases on this forum – and elsewhere are to do with lost items. Hermes seems to have a particular knack of losing items – but if you have sent an item which has been properly described and properly valued and you even bought their so-called "insurance" which is designed to get you to protect them against their own negligence, then I see you have a very good basis for a claim. Keep on reading around the forum. Start reading up also on how to bring a small claim in the County Court. I'm afraid that you will almost certainly have to issue the papers.
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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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judegement for claimant... please help


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After spending the last hour crying, i've decided to try and do something constructive.

After a fight last year with Largo re stat demands they produced one correectly completed credit adgreement, and sent a court summons. I completed this but said that i disputed the interest. When i received the allocation quesionairre i realised that i didnt really have a leg to stand on with regards to the interest, so wrote a letter asking for my defence re the interest to be disregarded and apologised. In the original court papers i filled in details of my earnings etc, and my offer of payment.

I've today received a judgement for claim saying that as i have not replied to the claim form i myst pay the claimant the full amount £6851.16

 

I can't afford to pay this, the offer of repayment i made was £20 a month. i did reply to the claim form. I don't know what to do. please can someone help? (i can't contact the court as they're not open today)

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Did you complete & return the AQ or just send a letter? If you don't complete the AQ, judgment will be entered automatically against you for the full sum.

 

Did you hand deliver or mail, if the latter do you have proof of posting?

 

Don't worry, just phone the court on Monday & ask if they received your papers. It may just be a simple error.

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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i returned the allocation questionairre, but i dont think i completed it in full as i enclosed a letter, and couldn't really see anywhere in it where i could withdraw my defence. Am i going to be expected to try and pay it all now then?

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If you did not complete the AQ correctly, it's possible that the court clerk just looked at that & didn't take into account your letter.

 

I suggest you contact the court on Monday & ask for the Court Manager to see what has happened.

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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thank you, will do that. Hubby's at work today, so i'm at home with my daughter, and you've no idea how much i paniked when i saw the letter. I think this was made worse by not being able to talk to anyone about it! Feel loads better after being able to "talk" about it, and having a none hysterical response. Thankyou!

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Have a look at this link..as you accept the debt just go straight for a varied order using form N245...If the judgement is shown as a default and you have reciepts for the reply including your offer show this as well and point this out as a court error

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

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Live Life-Debt Free

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Feel loads better after being able to "talk" about it, and having a none hysterical response. Thankyou!

 

YW. Nothing to get hysterical about. Just remember all problems (except death) can usually be fixed in some way, the secret's finding the way :rolleyes:

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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