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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • 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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The fees for a HCEO are towards the bottom of the page

 

The High Court Enforcement Officers Regulations 2004

 

Whist most of the fees are set out, the HCEO will claim most of its costs under section 12 (Miscellaneous), but these costs it says can only be awarded by the master, judge or court and they would need proof of that.

Check to see if they have charged for walking possession and valuation, if they have never been onto your premises and had you sign anything they cannot charge this.

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What's a stay of execution, and how do I go about doing this?

 

They've only got as far as the driveway, no further than that, where they illegally levied on my sister's cars, didn't attempt to come into the house, probably because the dog was running around the garden :rolleyes: Lol

 

Waiting to find out exactly what has been charged off of them

 

From the list of fees that I've just read the maximum they should of charged is two travelling fees ie £100 nothing has been seized or signed by me, they levied incorrectly so can they charge for this? Even if they could that would only be a maximum of £6, on first visit, they didn't do anything just left

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Hi Everyone,

 

Please find attached copy of Financial Statement from Bailiffs.

 

They've charged me £105.75 to pay by instalments :mad:

 

Are these charges legal, if not, what do I need to do next?

 

At this rate, I'll never get it paid off :(

 

Please help

 

Ps Not sure if I've added attachment correctly, more help needed please

FInancial Statement.jpg

Edited by Confused_Uk
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Quick update, have spoken to Bailiffs Manager, apparantly charges are on the account, just in case they need to charge them :confused:, I haven't been charged them apparantly, they're there just in case, not quite sure why they are showing as owed, but then again what do I know, Lol

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Woohoo, it worked :cool:

 

Now can anyone help, what do I need to do/write etc if they are illegal charges

 

Also Solicitors told me Bailiffs don't take their fees first, they take a % of each payment I make

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Woohoo, it worked :cool:

 

Now can anyone help, what do I need to do/write etc if they are illegal charges

 

Also Solicitors told me Bailiffs don't take their fees first, they take a % of each payment I make

 

 

 

Hahahaha! Thats so funny!

 

Well then, they won't mind if you pay your creditor direct. They can always ask the creditor for their fees.

 

I suspect, once the creditors are on the recieving end of demands from their own bailiffs, it will be an interesting learning experience for them.

 

Sorry I can't help you with the charges all that much. I'm in a similar situation myself and would love a definitive answer.

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the bailiff would normally do a check with DVLA to see whose name theya re registered in

 

the registered keeper is not necessarily the owner but being on your drive with your name on the docs is enough justification for him to seize them

 

however if i was the bailiff concerned i would have clmped them there and then so i suspect it is a bluff

 

if they are genuinely not yours and you have irrefutable proof they ar e not then get the owner to move them- the owner of the goods is not the person on the warrant therefore they commit no offence by removing them

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Hi DD,

 

Cars are genuinely not mine, as proved by log books and receipt dated last year, long before Bailiffs became involved. Moving them is not an option, need them to get children to school.

 

As for questions over fees, is it worth sending a sars request, or do I just make a few payments and then request another statement?

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whilst all this is going on lets go back a few steps

 

1/ was the ccj taken out against you at a previous address?

 

2/ (dont have to answer this on forum if you dont want to) do you have OTHER unsecured debts?

 

if the answer to any of these is yes then you have grounds to apply to have the original CCJ set aside:-

 

in 1/ because you were not aware that the ccj had been taken out and you had not chance to defend it (will not work if it was taken out against you at present address)

 

2/ more likely they may well have obtained a charging order if you failed to comply with the terms of the ccj you need to know so contacta the court concerned and find out if a charging order has been issued - again you should have had the opportunity to contest it so it may well be a lie however - if you have (had) other unsecured debts it can be argued that this creditor has sought to gain an advantage over other unsecured creditors

 

you need to look into the debts section of the site and search regarding applying to s et aside judgements - you will find all you need

 

a charging order on its own cannot enable the bailiff to sell your home but the creditor could- if you continue not to comply with the terms of the ccj apply for a forced sale- this is why is is CRUCIAL to find out from the court if in fact a charging order does exist and not just rely (with respect) on forum comments

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whilst all this is going on lets go back a few steps

 

1/ was the ccj taken out against you at a previous address?

 

2/ (dont have to answer this on forum if you dont want to) do you have OTHER unsecured debts?

 

if the answer to any of these is yes then you have grounds to apply to have the original CCJ set aside:-

 

in 1/ because you were not aware that the ccj had been taken out and you had not chance to defend it (will not work if it was taken out against you at present address)

 

2/ more likely they may well have obtained a charging order if you failed to comply with the terms of the ccj you need to know so contacta the court concerned and find out if a charging order has been issued - again you should have had the opportunity to contest it so it may well be a lie however - if you have (had) other unsecured debts it can be argued that this creditor has sought to gain an advantage over other unsecured creditors

 

you need to look into the debts section of the site and search regarding applying to s et aside judgements - you will find all you need

 

a charging order on its own cannot enable the bailiff to sell your home but the creditor could- if you continue not to comply with the terms of the ccj apply for a forced sale- this is why is is CRUCIAL to find out from the court if in fact a charging order does exist and not just rely (with respect) on forum comments

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