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    • They said they investigated and offered me an apology only. They still won’t send me all the info I have requested numerous times. Given up! 
    • Thanks for this information it’s helpful i thought the default was from when an account defaulted so 2014. Not when it was sold ?  Is that correct ?    it’s just that now I don’t know if the default has ended in MAr 20 or not now until Mar 22 ?  Thanks 
    • Hello,   How are you progressing with Swift?
    • Interesting that dodo has only been there 10 minutes and tories are saying she should go as the public have 'lost faith' in test and trace   LOL Scapegoat Harding for the crap from before this version of trace a test and lie even existed. No sympathy from me though.  
    • OK, but I would advise that you keep clear in your mind what you want to achieve. I would think that you want to have free and clear title to the car.   To get that, I would say you already have enough to have your solicitor put a letter together and approach MB, without the co-operation of the seller. They may well just issue the title and you're done, after all I doubt this is the first time this has happened to them. If not, you can still pursue the seller via your solicitor but given that he is a scammer I wouldn't hold out much hope of him suddenly coming clean!   Just my opinion, I'm not a solicitor but I have been in situations not unlike this and know that it easy to make things more complicated for yourself by not 'keeping your eyes on the prize'.   Best of luck.
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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.
       
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      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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Enforcement of 8 year old CCJS


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Dear All,

 

I need some of your wisdom. I was renting an apartment with a colleague in 2000, paying my half of the rent into his account for him to pay it all to the landlord. It was a joint and severably liable tenancy. The long and short of it, he ran off without any payment to the landlord and left us both distraught and the landlor £7k short. The landlord then sought proceedings via the county court to recover lost rent and his solicitors fees. In all the judge asked the landlord to release me from the debt as I was able to prove my payments. However, he held that I was not to be released. The judgement was made in June 2001, that myself and colleague were to repay and we both moved with assurances that my colleague would pay the amount outstanding. He did not pay and I was unaware having moved addresses etc. In all, it is now 2009 and I have just received a letter to my parent's address from the landlord's solicitors threatening enforcement of the debt of the £7k. I am most upset by this. Is this allowed? Is this legal after all this time? What can I do to cease this behaviour? I certainly can not afford the £7k.

 

Pointers very much welcomed.

 

Thanks

 

D.

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They cannot take enforcement after six years without leave of the court & even then they would have to show good reason why they didn't pursue the debt earlier.

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It would be extremely difficult for them to get the courts permission to enforce the CCJ after six years. They would have to show good reason why they hadn't before & as they knew your parents address they could hardly say they had no means of contacting you.

 

Even if they managed it, it would be the original CCJ they wouldn't get a second one so it cannot be registered on your credit file again. Similar to a default a CCJ drops of your credit file after six years, the difference is it never becomes Statute Barred only unenforceable without the courts permission.

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Given that that after 8 years they have still not enforced it, I am tempted to just leave it until they write to me at the correct address and the court have backed the enforcement. At such time, I guess I will have to make an arrangement with them to pay the monies (although morally not in agreement). Is this a recommended approach?

 

Legal stuff heh! I was just worried that a CCJ would be just reapplied to my credit file.

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  • 2 weeks later...

As I said earlier they can't get a second judgement for the same debt, nor can they re-enter it onto your credit file once it's dropped off + they'll have to get permission from the court to enforce the original CCJ.

 

I would ignore them until such time as they come up with something more than mere threats.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Hi Cerberus,

 

Thank you for all your help with this matter. So, basically, I should wait until I receive a letter from the courts and then take it from there, should the court accept their request? Additionally, if they apply to the court, what happens then?

 

Many thanks, much appreciated!

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I've never known a creditor applying to re-enforce a CCJ, but I assume the court would contact you before a decision was made.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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